Discrimination

In the first case of its kind in the Dudley borough, Dudley Magistrates Court gave their full backing to Lesley Elwell, who has been registered blind since birth, after hearing how Beacon Taxi driver Sheraz Younas refused to take Lesley and her family from their Austin Close home.

During the two day trial, the court heard how Lesley’s husband Stephen had booked the taxi to take them and their 13-year-old son Ryan and Lesley’s now retired Labrador Retriever guide dog Freya, to an Oldbury garage to pick up their car on December 1 2007.

He told the taxi operator Umar Shazada twice that they were to travel with Freya, but when the driver, 25-year-old Younas, of Buffery Road, turned up at their home he refused to allow her in the car, telling the family “no dogs, no dogs”.

He then radioed back to the taxi base, telling them the dog was “running loose, and he was scared” before driving away.

However Lesley and Stephen both denied Freya was running loose and was sitting at the bottom of the drive on a lead with the fluorescent guide dog strip which was being held by Ryan when the taxi arrived.

Stephen said: “I repeated to the driver four times it was a guide dog and he had to take her and my wife, but he totally refused, he kept saying no dogs, no dogs and didn’t explain why he shouldn’t take her.”

Lesley, who is also a disability awareness trainer for Dudley borough taxi drivers, added: “It is my job to check whether Freya is on her lead, she is always on her lead when she leaves the house, it is part of guide dog training.

“I checked the lead was on and put the harness in my bag to take with me. When we go in a car or on a bus it is not possible for a guide dog to wear a harness, it is a safety issue and it uncomfortable for them to lie down.”

Mr Younas maintained he didn’t know Freya was a guide dog and Antony Schiller, defending, told the court he refused the fare because he was frightened of dogs and the three trigger factors of identifying a guide dog were all missing when Mr Younas drew up at the house - there was no fluorescent identification strip on the lead, no harness, and Freya wasn’t being held by a blind person.

Mr Schiller also informed the court how the defendant has only been in the UK for three years after moving from Pakistan and knew very little English, so was probably unable to understand what a guide dog was.

However Tom Trickett and Brian Hughes, licensing enforcement officers for Dudley Council, said Mr Younas had completed a disability awareness course and had signed a certificate to say he had understood the session.

He also allowed his car to be used in the demonstration for getting guide dogs and their owners in and out of a vehicle.

Returning a guilty verdict, chairman of magistrates, Susan Ridley said: “We accept Mr Elwell’s evidence that when making the booking he told them there was a guide dog which was calibrated by Mrs Elwell who was standing next to her husband.

“We also accept Mrs Elwell checked the dog was on a lead and the fact Freya was not loose when Mr Younas arrived. He could not see a lead on the dog because he did not get out of the car.

“Mr Younas refused to take the dog and we do not believe he didn’t understand Mr Elwell.

Sheraz Younas was ordered to pay a total of £1,640.34 in fines and court costs by the three magistrates, one of which was partially sighted. He could also face losing his licence from the council’s taxi licensing committee which is set to meet in a few weeks.

Lesley Elwell spoke to reporter Rachel Hickman after the hearing

TIGHTLY clutching her husband Stephen’s hand, Lesley Elwell broke down in tears as the magistrates gave their verdict, ruling Sheraz Younas was guilty of the offence under the Disability and Discrimination Act.

Speaking after court she said: ”Hopefully this will bring to the attention of all private hire drivers that they need to be aware of the responsibilities of working dogs.

“It has taken its toll on me, I’m relieved it’s all over.”

Lesley, aged 47, has been aided by guide dogs since 1990, after being registered blind since birth.

She is now with her third guide dog Brompton, a young male golden retriever, who can be regularly seen by his owners side in a town centre bank where she has worked for over 20 years.

Her previous guide dog Freya, who retired soon after the Beacon taxi incident in December last year, now lives happily as a family pet with Lesley’s mum.

But during the trial at Dudley Magistrates Court, lay quietly asleep by Lesley’s feet totally unaware and unfazed with what was unfolding around her.

As well as fitting in a full time job and being a mum to her two children, Ryan, 13 and 21-year-old Stephanie, Lesley also works with Dudley Council’s taxi enforcement officers in delivering the compulsory disability awareness course to its drivers.

With her faithful four-legged friend by her side, Lesley trains the drivers about working dogs, including guide dogs, hearing dogs and dogs for the disabled.

She makes them aware of the main triggers to look out for and how to deal with a disabled person with a working dog or a wheelchair.

She also instructs the drivers to challenge the disabled person for further clarification if they are unsure whether the dog is actually an assistance dog.

But she said she always makes sure she informs people first she has a guide dog.

She said: “I’m not a visually impaired person with a chip on my shoulder, I always let people know I have a guide dog when I’m booking things.”