Lyft

Film festival organizers call for safer San Francisco streets

Editor’s Note: Aug. 19 marks the Bay Area Global Health Film Festival, hosted by the Institute for Global Orthopaedics and Traumatology. The theme of this year’s festival is “Road Traffic Safety Locally … and Globally,” and is geared toward raising awareness about the need for road traffic safety improvements. In this opinion piece, representatives from the University of California at San Francisco Orthopaedic Trauma Institute, at San Francisco General Hospital, describe how all-too-common accidents can permanently injure pedestrians and bicyclists. And they voice support for Proposition A, the San Francisco Transportation and Road Improvement Bond.

By Amber Caldwell and Nick Arlas

San Francisco is a transit-first city. Everyone shares the need to get safely from point A to point B, preferably quickly. And the various options for doing so span the full spectrum from driving, biking, and walking, to public transit like MUNI and Bart, rideshare programs, taxis, and companies like Uber and Lyft.

As we go about our daily lives, transportation is one of the most important public infrastructure systems that San Francisco relies upon. It encompasses many controversial issues and is linked to other social equity campaigns including housing advocacy and urban gentrification.

Yet the issue of pedestrian and bike safety in San Francisco has made disheartening headlines as of late. 2013 was an especially deadly year, with 21 pedestrian and four bicyclist fatalities. San Francisco General Hospital alone cared for over 1,000 road traffic injuries, with an estimated $60 million annual cost. Organizations like the SF Bicycle Coalition and WalkSF have made biking and walking leading issues in debates over transportation policy and traffic safety. Mayor Ed Lee and our city government have responded by introducing a $500 million transportation bond measure for the Nov. 4th ballot. If it passes, a portion of the funding will be allocated for improving pedestrian and cyclist safety.

Less often discussed, however, is what happens to the pedestrians and bicyclists who are hit while going about their daily routines and permanently affected by all-too-common accidents. At the UCSF SFGH Orthopaedic Trauma Institute (OTI), these patients fill our wards, the operating room schedule and our hearts as we help to heal them from these injuries. We struggle with the balance between doing what we can and what should be done to curb the growing volume of patients we see annually due to preventable accidents.

What is alarming is the socio-economic impact these accidents have, not only on the person affected, but on the hospital and our city as a whole. Even in cases where the driver is at fault, it is rare for them to even be cited for a traffic violation in most cases. More importantly, personal injury insurance and health coverage barely cover the emergency services needed for these accidents, and most services offered at the hospital are subsidized by taxpayer dollars, which means we are paying for this on all sides. This is unacceptable.

There is currently a wave of momentum to address these complex issues and attempt to tease through how we as a city can rebuild, redefine and reinforce the safety in our city. This movement is supported by a global platform addressing road traffic safety as a public health campaign, through the World Health Organization’s Decade of Road Traffic Safety. This campaign tackles the myriad polices and resource investments needed to address the enormous impact road traffic accidents have on the world. 

Injuries, mainly those resulting from road traffic accidents, account for greater disability and death than HIV, TB and Malaria combined.  An average 5.8 million die annually, and for every death caused by these accidents, eight to 10 more are permanently injured.

To bring collective awareness around this issue and to change the landscape, the community needs to stand together not only in San Francisco but also around the world, to demand safer streets. The city is doing its part to outline a roadmap to curbing these alarming statistics, and a greater global campaign is underway to promote awareness and inspire activism.

We must stand up for the injured and for ourselves as local citizens to demand safer streets and protection from when accidents occur.  We may not be able to prevent every accident, but we can improve the choreography of their outcome if we work together.    

Amber Caldwell and Nick Arlas are Director of Development and Community Outreach Coordiator, respectively, at the Institute for Global Orthopaedics and Traumatology, UCSF Orthopaedic Trauma Institute, San Francisco General Hospital.

The Bay Area Global Health Film Festival begins Tue/19 at 6 p.m. at Public Works, 161 Erie, in San Francisco.

The last Republican

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steve@sfbg.com

BART Director James Fang is San Francisco’s only elected official who is a registered Republican, yet over the last 24 years, he has somehow managed to easily win election after election in a city dominated by the Democratic Party, often with the endorsements of top Democrats.

But this year, Fang is facing a strong and well-funded challenge from investor and former solar company entrepreneur Nicholas Josefowitz, a Harvard graduate in his early 30s. Thanks in part to support from the tech community — Lyft cofounder Logan Green is one of several prominent figures in tech to host fundraisers for him, according to Re/Code — Josefowitz has managed to amass a campaign war chest of about $150,000.

Josefowitz has also secured some key political endorsements, including from Sups. John Avalos, Eric Mar, and Scott Wiener, BART Director Tom Radulovich, former SF Mayor Art Agnos, and the Sierra Club.

After Josefowitz sold his solar company, RenGen, almost two years ago, “I got more and more involved in sustainable community advocacy,” he told us. “Then the BART strike happened and I was like, wow, this shouldn’t be happening.”

Josefowitz cited BART’s history of worker safety violations, last year’s unnecessarily divisive labor contract negotiations, the district’s massive deferred maintenance budget, property devoted to parking lots that could be put to better uses (he sees potential there for real-estate development), corrupt cronyism in its contracting, and lack of cooperation with other transit agencies as problems that urgently need correcting.

Fang is being challenged by well-funded Democratic newcomer Nicholas Josefowitz.

“BART does a terrible job at coordinating with other transit agencies,” Josefowitz told us, arguing the transit connections should be timed and seamless. “James has been there for 24 years, and if he was going to be the right guy to fix it, then he would have done it by now.”

But perhaps Josefowitz’s strongest argument is that as a Republican in liberal San Francisco, Fang’s values are out-of-step with those of voters. “Why is someone still a Republican today? … He’s a Republican and he’s a Republican in 2014, with everything that means,” Josefowitz told us. “He hasn’t been looking out for San Francisco and he’s out of touch with San Francisco values.”

We asked Fang why he’s a Republican. After saying it shouldn’t matter as far as the nonpartisan BART board race is concerned, he told us that when he was in college, he and his friends registered Republican so they could vote for John Anderson in the primary election.

“Some people feel the expedient thing for me to is switch parties,” Fang said, but “I think it’s a loyalty thing. If you keep changing … what kind of message does that send to people?”

Fang said he thought the focus ought to be on his track record, not his political affiliation. It shouldn’t matter “if it’s a black cat or a white cat, as long as it catches mice,” he said. He pointed to programs such as seismic upgrades, completing the BART to the airport project, and instituting a small-business preference for BART contractors as evidence of his strong track record. “I’m a native San Franciscan — I’ve gone through all the public schools,” Fang added. “It’s very important to get people from a San Francisco perspective and San Francisco values.”

Josefowitz supporters say he has perhaps the best shot ever at defeating Fang, largely because of his prodigious fundraising and aggressive outreach efforts on the campaign trail. “He is doing all the things that someone should do to win the race,” Radulovich, San Francisco’s other longtime elected representative on the BART board, told us. “There’s a lot of unhappiness with BART these days.”

But in an interesting political twist, Fang has the endorsement of Service Employees International Union Local 1021, a champion of many progressive causes in San Francisco, after he walked the picket line with striking BART employees last year and opposed the district’s decision to hire a high-priced, union-busting labor consultant.

“It’s a priority for us to elect Fang,” SEIU 1021 organizer Gabriel Haaland told us. “When we needed him on the strike, he walked our picket line.”

SEIU Political Chair Alysabeth Alexander sounded a similar note. “In the middle of one of the most important and highest-profile labor fights in the nation, when two workers had to die to prove that safety issues were the heart of the struggle, Fang was the only board member who took a position for safety,” she said. “Every other member shut out the workers and refused to acknowledge that serious safety issues put workers lives at risk every day. If more BART Board members has the courage of Fang, two workers would be alive today.”

BART got a series of public black eyes last year when its contract standoff with its employees resulted in two labor strikes that snarled traffic and angered the public. Then two BART employees were killed by a train operated by an unqualified manager being trained to deliver limited service to break the strike, a tragedy that highlighted longstanding safety deficiencies that the district had long fought with state regulators to avoid correcting. Finally, after that fatal accident helped force an end to the labor standoff, BART officials admitted making an administrative error in the contract that reopened the whole ugly incident.

“One of the things that really opened my eyes in this labor negotiation is that often we get told things by management, and we just assume them to be true,” Fang said, noting that he’d questioned the agency’s plan to run train service during last year’s strike.

Yet Josefowitz said the BART board should be held accountable for the agency’s shortcomings in dealing with its workers. “It starts with having a genuine concern over worker safety issues, and not just at bargaining time,” he said. “If the board had acted early enough, that strike was totally avoidable.”

Indeed, BART’s decisions that led to the tragedy have been heavily criticized by the National Transportation Safety Board, California Division of Occupational Safety and Health, and the California Assembly Committee on Labor and Employment.

Fang also has the support of many top Democrats, including Attorney General Kamala Harris, US Rep. Nancy Pelosi, and former state legislator and current Board of Equalization candidate Fiona Ma, who told us: “I have endorsed one Republican in my political history, and that is James Fang for BART Board.” Noting that Josefowitz “just moved here,” Ma said, “The BART system is one of our jewels, and I don’t think we should elect first-time newcomers in San Francisco to manage it.”

Radulovich said he was mystified by prominent San Francisco politicians’ support for Fang, saying, “In this solidly Democratic town, this elected Republican has the support of these big Democrats — it’s a mystery to me.”

One reason could be Fang’s willingness to use newspapers under his control to support politicians he favors, sometimes in less than ethical ways. Fang is the president of Asian Week and former owner of the San Francisco Examiner, where sources say he shielded from media scrutiny politicians who helped him gain control of the paper, including Willie Brown and Pelosi (see “The untouchables,” 4/30/03).

But political consultant Nicole Derse, who is working on the Josefowitz campaign, told us that she thinks support for Fang among top Democrats is softening this year, noting that US Sen. Dianne Feinstein and state Sen. Mark Leno haven’t endorsed Fang after doing so in previous races.

“[Fang] has longstanding relationships with folks, but Nick is challenging people in this race to stop supporting the Republican,” Derse told us. “It’s now up to the Democratic Party and it’ll be interesting to see what they do.”

She was referring to the San Francisco Democratic County Central Committee, which plans to vote on its endorsements on Aug. 13. While DCCC bylaws prevent the body from endorsing a Republican, Ma and other Fang allies have been lobbying for no endorsement in the race, which would deny Josefowitz a key avenue for getting his name and message out there.

“This is going to be one of the most expensive races in BART’s history. He will kill me on money,” Fang said of Josefowitz. He suggested that his opponent’s candidacy underscores tech’s growing influence in local politics, and urged voters to take a closer look. “People are saying oh, it’s all about Fang. What about this gentleman?” Fang asked. “Nobody’s questioning him at all.”

Derse, for her part, noted the importance of having a well-funded challenge in this nonpartisan race. “It allows him the resources to get his message out there,” she said of Josefowitz. “Most San Franciscans wouldn’t knowingly vote for a Republican.”

 

Why I drive a taxi

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By Beth Powder

OPINION I left a 17-year career in film to become a taxi driver. I just wanted to be here full time, drive a taxi, and write.

I’ve taken cabs in several cities and countries over the last 20-odd years. When I got here in 1998, it took two hours for a taxi to get to my house on 43rd Avenue. I still never would’ve gotten into anyone’s personal car and paid them for a ride, no matter how hard it was to get a cab sometimes. Not in San Francisco. Not in Jamaica. Not in Jamaica, Queens.

I’m from Toledo, Ohio originally. We always went on road trips. Maybe being in such close proximity to Detroit, some of that car mojo rubbed off on us. My mother is the kind of woman who, at 70 years old, will drive cross-country alone, stopping to call me at 3am from deserted truck stops outside Amarillo, Texas. You might see why I’d drive a taxi.

I have a feeling that a lot of the anti-taxi contingent now in this city haven’t taken too many cabs. Cabs could never put me off because I’d taken so many of them and I knew I was safer in one than standing in a crosswalk. I’ve been hit by cars on foot and on my bike but I’ve never been in an accident in a cab. Not in London. Not in Los Angeles. Not here.

I don’t drive for Lyft or Uber because San Francisco cab drivers receive workers compensation and TNC drivers don’t. Because Lyft mustaches look unprofessional to me. I went to taxi school, got fingerprinted, had a background check, and got licensed.

My taxi has 24/7 commercial livery insurance. My company pays the bills if there’s an accident. San Francisco taxi companies don’t have bylaws stating that passengers cannot hold them liable. San Francisco taxi companies don’t have bylaws stating that passengers take taxis at their own risk. San Francisco taxi companies don’t have bylaws that can be legally interpreted to allow discrimination against passengers of any persuasion. We have to accept pets. And we have to be green.

San Francisco taxis pick up bartenders, sweet old ladies at the hospital who don’t have smart phones, teachers, lawyers, wheelchair users, people of color, San Francisco Giants, former mayor Willie Brown, hookers, trannies, ballerinas, and limo drivers. Everybody. You don’t need a smartphone, but you can always hail a cab using an app called Flywheel.

I’m not a fan of the smugness emanating from Lyft, Uber, et all. Perpetuating spurious claims that cab drivers are all scary or awful is neither cute nor clever. And it certainly isn’t true.

It’s far more likely for a passenger to physically attack a cab driver than the opposite. About a month ago, several men took a cab from my fleet to San Mateo and severely beat up the driver. We have video cameras in every single San Francisco cab, but that still didn’t guarantee this driver’s safety. Nonetheless crime and accidents in taxis are down significantly.

We’re mothers, fathers, grandparents, students, artists, musicians, and entrepreneurs. Cab drivers give companionship, counseling, and safe passage to their passengers.

I want to know how we can have faith in TNCs when drivers aren’t commercially licensed, fully insured, and packing security cameras. How should we feel about droves of these Uber and Lyft phones being shared by multiple drivers, when only one is on record? What happens when a TNC is wrapped around a pole and the driver is held responsibility for their own safety and well-being. These brand new cars won’t be paid off before we start to witness incidents such as this.

How’s a “young mother just trying to make some extra pocket money” going to feel when she has her wages garnished into perpetuity because she rear-ended someone? She’s personally liable with the TNC company. She’s your friend with a car who absorbs all legal responsibility whether she’s found at-fault or not.

As long as there’s a taxi industry, I’ll keep proudly driving my taxi in the city I love. I’ll pick up sweet and not so sweet old ladies, people in wheelchairs, people with dogs, and whomever else needs a ride wherever it is they need to go.

Beth Powder is a cab driver and writer.

 

State regulators issue stern warning to rideshare companies

About a month ago, we wrote about how San Francisco International Airport Director John Martin was cracking down on rideshare drivers ferrying passengers to the airport.

In a formal letter, Martin enlisted the help of the California Public Utilities Commission to assist with enforcement actions against Uber, Lyft, and other so-called “transportation network providers,” whose drivers were found to be taking passengers to the airport despite a state decision requiring them to obtain permits from airport administrators to do so.

The permits haven’t yet been obtained because the TNCs took issue with SFO’s proposed pilot program, and subsequently refused to fill out the permit applications and send them in.

It appears CPUC President Michael Peevey took Martin’s plea for help seriously. In a letter dated June 10, Peevey called on TNCs to cease airport operations until they had secured permits from airport authorities. The letter warns that if the companies do not comply and are found to be in violation of the state’s decision governing TNCs, “the CPUC may revoke your permit to operate.”

Here’s the letter, which references operations in other California cities as well.

CPUC Letter to Logan Green of Lyft by Rebecca Bowe

Dear United States: #Jessicastux discrimination shows SF inequality

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Dear United States,

Yes,  you’ve found San Francisco out. You’ve got us. Our city is not the bastion of equality we claim it to be. 

It’s something most San Franciscans know, but now you, the country, are getting a peek at how discriminatory our local institutions can actually be.

Just last week, the news of Sacred Heart Cathedral Prep’s discrimination against young Jessica Urbina went viral. Urbina just wanted to wear a tuxedo in her yearbook photo, and the Catholic school, Sacred Heart, said it would not print her photo in a yearbook because she wasn’t in a dress.

The resulting social media firestorm blew up in national media, propelled by the hashtag #jessicastux. Today Sacred Heart issued an apology, offering to work on its policies moving forward.

“On Friday, May 16, the school communicated that it will change its policy regarding senior portraits. We agree with our students who showed solidarity with their classmate that the current policy regarding senior portraits is not adequate to meet the needs of our families or our mission. We will involve our students, families, and Board in crafting the updated policy.

Many people suggest that the past few days have been deeply revealing about our school community. We agree. We are an imperfect community that can and does fail. We are a community that is open to self-reflection, and to the constructive criticism and leadership of its students, as well as to the criticism from members of our broader community. We are a community that strives to grow, improve and do what is right. We are a community that sees, in all situations, an opportunity to learn.”

But before we let Sacred Heart be crucified in the court of public opinion, let’s remember an old religious maxim: let ye who is without sin cast the first stone. And when it comes to inequality, San Francisco has many sinners.

Yes, dear country, you spent the last week utterly aghast that San Francisco, the champion of marriage equality, could discriminate against an LGBT teen.

You really don’t know the half of it. 

Take our public schools. Even as we celebrate the 60th anniversary of Brown vs. the Board of Education, an investigative report by the San Francisco Public Press revealed massive inequality in San Francisco public elementary schools. Though the SFUSD suffered funding cuts totalling $113 million in the 2009-10 school year (after numerous annual state cuts), some public schools managed to stave off layoffs and provide excellent facilities for their children. The catch? Only the elementary schools attended by rich families survived, bouyed by nearly $3 million in PTSA fundraising in 11 elementary schools.

But 35 of SFUSD’s elementary schools raised no money at all. These schools are not surprisingly attended mostly by the city’s poorest families, and their schools were met with brutal cuts.

The SFUSD is only now allowing students to wear hats (including some religious headgear), and is only now considering raising its minimum wage to San Francisco’s minimum of $10.24 an hour (as a state entity, it only has to pay $8 an hour).

And lest we pick on the schools too much, the explosive tech industry has had its impacts on San Francisco equality too. As taxi drivers flock to rideshare companies like Uber, Lyft and Sidecar, there are fewer drivers to drive wheelchair-accessible taxis. Those rideshare companies don’t yet have a plan to offer service to our city’s many persons with disabilities. Even our beloved regional transit system, BART, has new proposed “trains of the future” offering less space for electric wheelchairs to move around as well.  

San Francisco has also seen massive numbers of folks displaced by the tech boom, symbolized (and even exacerberated) by our city’s most hated/loved/over-discussed behemoths, the Google buses.  

We’ve even got the second highest inequality in the United States, fast headed for number one. Go us.

And though Bill O’Reilly at Fox News loves to make funny videos about San Francisco’s homeless while he talks up our love of hippies, he’s got it all wrong (unfortunately). The city issues numerous citations against homeless youth for the act of sitting down in the Haight Ashbury district (the birthplace of the Summer of Love), and has struggled with policies to help the homeless for over 10 years running. 

Also, did we mention one in four San Franciscans are food insecure? That means about 200,000 San Franciscans don’t have enough money to eat healthily, and many are near starvation. 

Yes, dear country, San Francisco espouses many loving principles, and we do have an innate sense of justice to help immigrants, the poor, and the marginalized.

But we still have a long, long way to go. 

Best,

A San Franciscan. 

 

 

Waiting for transit

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joe@sfbg.com

Transit options for wheelchair users and people with disabilities are under threat in the Bay Area, and riders are losing ground on multiple transit fronts.

In late April and early May, hundreds of advocates for those with disabilities took to the streets, protesting BART’s Fleet of the Future, a touring mockup of a new BART trains slated to roll out in 2017.

The trains are a step backward in wheelchair accessibility, among other issues, advocates said.

Just last month, advocates for senior and those with disabilities stormed a San Francisco Municipal Transportation Agency Board of Directors meeting, asking for free Muni for the most economically disadvantaged among them. They were denied based on dollar amounts, while drivers were given an $11 million giveback restoring free Sunday parking meters.

The SFMTA promised to revisit the issue in January. Meanwhile, San Francisco’s wheelchair accessible taxi fleet has seen its drivers flee to so-called “rideshare” companies — whose cars aren’t equipped to carry wheelchairs — causing what officials say is a record low number of wheelchair accessible taxi trips.

Compounding that decision was the SFMTA’s March adoption of its Transit Effectiveness Project, which the agency billed as expanding service by 12 percent and improving the system’s efficiency, but some advocates for seniors and the disabled noted it removed some bus stops, requiring longer walks by those who have a hard time getting around.

The transit troubles cover most of the transportation options available to San Franciscans with disabilities, and that’s the problem.

“We’re one of the most transit-dependent populations,” Peter Mendoza, a community organizer with the Independent Living Resource Center, told the Guardian. He also uses a wheelchair. “Everything we do in our everyday life, we mostly do with public transportation.”

Their needs are simple: getting groceries, seeing a movie, picking up their kids from school. People with disabilities are now in a multi-pronged fight for their right to everyday mobility, and to do so with dignity.

 

BART’S FLAWED NEW FLEET

A walking tour of BART’s Fleet of the Future shows much is new: computer screens with live GPS updates of the train’s location, triple-bike racks, and redesigned seats. BART Vehicle Systems Engineer Brian Bentley proudly showed us the new touch screens in the driver’s cockpit.

For people with disabilities, the Fleet of the Future is a step backward. Their first beef with BART’s new trains is a simple one: there’s a pole in the way of the door.

Hundreds of disability advocates protested BART’s public tour of its newly redesigned trains just last week, with more protests planned for the future. All they want is the damned pole moved.

The handhold in question features a triple-pronged design: what begins as one vertical metal column branches into three partway off the ground.

“Where the pole is now is in the path of travel for the accessible seating area,” Mendoza said. “People holding onto the poles and the power wheelchairs will be in a sense be trying to occupy the same space.”

BART’s Fleet of the Future will arrive in limited numbers in 2015, and fully roll out by 2017, according to the BART website. BART plans to use the new trains for decades. So will BART move the pole to a different location in the car before then?

“It’s too soon to say,” BART spokesperson Alicia Trost told the Guardian. “That’s why we’re doing outreach.”

Trost told us BART did its due diligence by garnering feedback from the BART Disability Task Force. But the DTF, a volunteer body serving like a consistent focus group, informed BART of the pole-problem years ago.

“From day one, they identified the pole as being a problem,” BART Access Coordinator Ike Nnaji told us. Now, he said, “the pole has been moved slightly.”

The triple column handhold has also been raised since the initial outcry. But advocates say the changes still haven’t solved mobility problems. And lack of BART access would be especially poignant, as the trains are now one of the most seamless public transit trips a wheelchair rider can take, advocates told us.

Unlike a Muni or AC Transit bus, no one needs to strap in a wheelchair user on a BART train. After an elevator ride to the train platform (assuming they’re working), they easily roll onto the train: no muss, no fuss.

“On BART, I can be a regular customer,” longtime disability rights activist Corbett O’Toole told the Guardian. “I can ride it with dignity.”

The wheelchair-using community isn’t the only one with BART concerns. Emergency intercoms have long been an issue with the deaf community, O’Toole told us. The BART train’s new video screen would be a natural place to integrate visual emergency communication, she said.

Trost told us BART is trying to balance the needs of many communities, from bicyclists to folks not tall enough to reach the handholds.

“It’s public transit, you try to help everyone,” she said. But people with disabilities are a group with federal law mandating consideration of their access, Mendoza said.

We asked BART if the agency had specific employees (besides the DTF) in charge of ensuring American with Disabilities Act compliance. BART spokesperson Luna Salaver told us the agency doesn’t have an ADA compliance officer, but its engineering staff and consultants are well-versed in ADA compliance issues.

BART’s board may take a direct vote on disability access modifications to the Fleet of the Future at its May 22 meeting, but that may be subject to change.

While the wheelchair accessibility of the Fleet of the Future is hotly contested, the future of rideshare disability access remains a mystery to most.

 

RIDESHARE TROUBLES

Regulations task the taxi industry with providing wheelchair accessible cabs, something the rideshares don’t do, at least not yet. And as taxi drivers flee to the more profitable rideshare industry, fewer and fewer wheelchair accessible taxis are being driven in San Francisco.

Worryingly, the newest numbers from the SFMTA paint a portrait of hundreds of stranded wheelchair users. In January 2013, there were 1,379 wheelchair trips via taxi cab, according to numbers provided by the SFMTA, which regulates taxis. This January, that number plummeted to nearly half that.

The drivers just weren’t there. The SFMTA Board of Directors voted in January to offer a $10-per-trip cash incentive for drivers that pick up wheelchair users. But it was like a bandage on a gaping wound: the number of taxis picking up wheelchair users in San Francisco has not yet increased.

And Uber, Lyft, and Sidecar aren’t yet equipped to pick up wheelchair users.

As we’ve previously reported, Lyft, Sidecar, and Uber were recently required to file disability access plans with the California Public Utilities Commission. Some mention researching wheelchair access in the future, but most of the one-page plans tout their apps’ ability to speak to visually impaired users. None promise wheelchair-accessible cars.

The SFMTA is trying to lure taxi drivers back from these Transportation Network Companies through waived permit fees. Deputy Director of Taxi Services Christiane Hayashi said, “the total cost to the public of the TNC phenomenon is over $3 million and counting.”

Despite the stark numbers offered by the SFMTA, the CPUC doesn’t see the situation as a crisis. At a hearing on accessible transit, Marzia Zafar, the director of policy and planning division at the CPUC, told the Guardian there isn’t enough data at this point to say why the disabled community isn’t riding taxis as often as they did before.

“The commission will step in once we have information, verifiable information, that there’s a divide between the disabled and abled communities,” she said. “If there is such discrimination (on part of the TNCs), we will step in and bridge that divide.”

The CPUC could require TNCs to provide access, BART may modify its Fleet of the Future, and the SFMTA can still provide free Muni for seniors and people with disabilities in January.

And in the meanwhile, people with disabilities are waiting for a ride which may or may not ever arrive.

Uber files defense in New Year’s Eve death of six-year-old girl

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The wrongful death lawsuit against Uber for the New Year’s Eve death of six-year-old Sofia Liu moved forward, as Uber filed its defense May 1. 

Uber’s defense filing claims the driver that struck Liu, Syed Muzzafar, was not an Uber employee and he had no reason to interact with the Uber app at the time of Liu’s death. 

The suit also claims that Muzzafar signed an agreement with Uber acknowledging those facts.

“Under that Transportation Services Agreement,” the lawsuit states, “[Muzzafar] acknowledged that he was not an employee, agent, joint venturer or partner of Rasier (Uber’s subsidiary) for any purpose; rather, he was an independent contractor.” 

Liu was killed after Muzzafar collided with her and her family in the Tenderloin on New Year’s Eve. Liu’s mother, Huan Kuang, and Liu’s brother, Anthony, were both injured but survived. The family, represented by attorney Christopher Dolan, filed the suit at the end of January seeking unknown damages. 

Back in March we asked Dolan if Uber offered condolences to the Liu and Kuang family. 

“Absolutely not. Basically their message is ‘it’s too bad,’ but its not their problem,” Dolan told us. “They said, ‘jeez our hearts go out to them but we’re not responsible.’”

Many state officials have called out loopholes in Uber’s insurance coverage, including, recently, Insurance Commissioner Dave Jones, who issued a public letter to the CPUC calling for stricter insurance regulations. One in particular is the “app on” “app off,” loophole. Uber contends when the Uber app is off that personal insurance should kick in and cover a driver (a claim the personal insurance industry has flatly refused). The lawsuit uses a similar defense, claiming Muzzafar alone was liable for the collision that night.

“At the time of the accident, Mr. Muzaffar was not providing transportation services through the Uber App,” the lawsuit states. “He was not transporting a rider who requested transportation services through the Uber App. He was not en route to pick up a rider who requested transportation services though the Uber App. He was not receiving a request for transportation services through the Uber App.”

Of course, Muzzafar did have the Uber app on waiting for a fare request, driving around as he waited for a fare request on the app. 

The lawsuit mentions this as well, saying he was looking at a “GPS-generated map with his location,” and had “no reason” to interact with his phone. 

All told Uber makes 22 specific defense claims in the response, most fairly standard in these cases.

But in the truest sense of the new digital “sharing” economy defense number nine claims an app, by definition, is not liable for such claims.

“Plaintiffs’ products liability claim is barred,” the lawsuit states, “because the Companies primarily provide services, not products.”

Two proposed state bills, AB 2293 and AB 2068, would each require commercial insurance for Transportation Network Companies such as Uber, Lyft and Sidecar. 

Uber's response to wrongful death suit from new year's even death of sofia liu by FitztheReporter

Guardian endorsements

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OUR CLEAN SLATE VOTERS GUIDE TO TAKE TO THE POLLS IS HERE.

 

Editor’s Note: Election endorsements have been a long and proud part of the Guardian’s 48-year history of covering politics in San Francisco, the greater Bay Area, and at the state level. In low-turnout elections like the one we’re expecting in June, your vote counts more than usual, and we hope our endorsements and explanations help you make the best decisions.

 

GOVERNOR: JERRY BROWN

There is much for progressives to criticize in Jerry Brown’s latest stint as governor of California. He has stubbornly resisted complying with federal court orders to substantially reduce the state’s prison population, as well as shielding the system from needed journalistic scrutiny and reforms of solitary confinement policies that amount to torture. Brown has also refused to ban or limit fracking in California, despite the danger it poses to groundwater and climate change, irritating environmentalists and fellow Democrats. Even Brown’s great accomplishment of winning passage for the Prop. 30 tax package, which eased the state back from financial collapse, sunsets too early and shouldn’t have included a regressive sales tax increase. Much more needs to be done to address growing wealth disparities and restore economic and educational opportunity for all Californians.

For these reasons and others, it’s tempting to endorse one of Brown’s progressive challenges: Green Party candidate Luis Rodriguez or Peace and Freedom Party candidate Cindy Sheehan (see “Left out,” April 23). We were particularly impressed by Rodriguez, an inspiring leader who is seeking to bring more Latinos and other marginalized constituencies into the progressive fold, a goal we share and want to support however we can.

But on balance, we decided to give Brown our endorsement in recognition of his role in quickly turning around this troubled state after the disastrous administration of Arnold Schwarzenegger — and in the hope that his strong leadership will lead to even greater improvement over his next term. While we don’t agree with all of his stands, we admire the courage, independence, and vision that Brown brings to this important office. Whether he is supporting the California High-Speed Rail Project against various attacks, calling for state residents to live in greater harmony with the natural world during the current drought, or refusing to shrink from the challenges posed by global warming, Jerry Brown is the leader that California needs at this critical time.

 

LIEUTENANT GOVERNOR: GAVIN NEWSOM

Gavin Newsom was mayor of San Francisco before he ascended to the position of Lieutenant Governor, and we at the Bay Guardian had a strained relationship with his administration, to put it mildly. We disagreed with his fiscally conservative policies and tendency to align himself with corporate power brokers over neighborhood coalitions. As lieutenant governor, Newsom is tasked with little — besides stepping into the role of governor, should he be called upon to do so — but has nevertheless made some worthwhile contributions.

Consider his stance on drug policy reform: “Once and for all, it’s time we realize that the war on drugs is nothing more than a war on communities of color and on the poor,” he recently told a crowd at the Democratic Party convention in Los Angeles. “It is fundamentally time for drug policies that recognize and respect the full dignity of human beings. We can’t wait.” In his capacity as a member of the UC Board of Regents, Newsom recently voted against a higher executive compensation package for a top-level administrator, breaking from the pack to align with financially pinched university students. In Sacramento, Newsom seems to come off as more “San Francisco” than in his mayoral days, and we’re endorsing him against a weak field of challengers.

 

SECRETARY OF STATE: DEREK CRESSMAN

Although the latest Field Poll shows that he has only single-digit support and is unlikely to make the November runoff, we’re endorsing Derek Cressman for Secretary of State. As a longtime advocate for removing the corrupting influence of money from politics through his work with Common Cause, Cressman has identified campaign finance reform as the important first step toward making the political system more responsive to people’s needs. As Secretary of State, Cressman would be in a position to ensure greater transparency in our political system.

We also like Alex Padilla, a liberal Democrat who has been an effective member of the California Senate. We’ll be happy to endorse Padilla in November if he ends up in a runoff with Republican Pete Peterson, as the current polling seems to indicate is likely. But for now, we’re endorsing Cressman — and the idea that campaign finance reform needs to be a top issue in a state and country that are letting wealthy individuals and corporations have disproportionate influence over what is supposed to be a democracy.

 

CONTROLLER: BETTY YEE

The pay-to-play politics of Leland Yee and two other California Democrats has smeared the Assembly. Amid the growls of impropriety, a report by the Center for Investigative Reporting has painted Speaker of the Assembly John Perez, a leading candidate for Controller, with a similar brush. CIR revealed Perez raised money from special interest groups to charities his lover favored, a lover later sued for racketeering and fraud.

Betty Yee represents an opportunity for a fresh start. On the state’s Board of Equalization she turned down campaign donations from tobacco interests, a possible conflict of interest. She also fought for tax equity between same-sex couples. The Controller is tasked with keeping watch on and disbursing state funds, a position we trust much more to Yee’s careful approach than Perez’s questionable history. Vote for Yee.

 

TREASURER: JOHN CHIANG

While serving as California’s elected Controller, John Chiang displayed his courage and independence by refusing to sign off on budgetary tricks used by then-Gov. Arnold Schwarzenegger and some legislative leaders, insisting on a level of honesty that protected current and future Californians. During those difficult years — as California teetered on the brink of bankruptcy, paralyzed by partisan brinksmanship each budget season, written off as a failed state by the national media — Chiang and retiring Treasurer Bill Lockyer were somehow able to keep the state functioning and paying its bills.

While many politicians claim they’ll help balance the budget by identifying waste and corruption, Chiang actually did so, identifying $6 billion by his estimate that was made available for more productive purposes. Now, Chiang wants to continue bringing fiscal stability to this volatile state and he has our support.

 

ATTORNEY GENERAL: KAMALA HARRIS

Kamala Harris has kept the promise she made four years ago to bring San Francisco values into the Attorney General’s Office, focusing on the interests of everyday Californians over powerful vested interests. That includes strengthening consumer and privacy protections, pushing social programs to reduce criminal recidivism rather than the tough-on-crime approach that has ballooned our prison population, reaching an $18 billion settlement with the big banks and mortgage lenders to help keep people in their homes, and helping to implement the Affordable Care Act and the legalization of same-sex marriage in the state.

Harris has maintained her opposition to the death penalty even though that has hurt her in the statewide race, and she brings to the office an important perspective as the first woman and first African American ever to serve as the state’s top law enforcement officer. While there is much more work to be done in countering the power of wealthy individuals and corporations and giving the average Californian a stronger voice in our legal system, Harris has our support.

 

INSURANCE COMMISSIONER: DAVE JONES

We’ve been following Dave Jones’s legislative career since his days on the Sacramento City Council and through his terms in the California Legislature, and we’ve always appreciated his autonomy and progressive values. He launched into his role as Insurance Commissioner four years ago with an emergency regulation requiring health insurance companies to use no more than 20 percent of premiums on profits and administrative costs, and he has continued to do what he can to hold down health insurance rates, including implementing the various components of the Affordable Care Act.

More recently, Jones held hearings looking at whether Uber, Lyft, and other transportation network companies are adequately insured to protect both their drivers and the general public, concluding that these companies need to self-insure or otherwise expand the coverage over their business. It was a bold and important move to regulate a wealthy and prosperous new industry. Jones deserves credit for taking on the issue and he has earned our endorsement.

 

SUPERINTENDENT OF SCHOOLS: TOM TORLAKSON

This race is a critical one, as incumbent Tom Torlakson faces a strong challenge from the charter school cheerleader Marshall Tuck. An investment banker and Harvard alum, Tuck is backed by well-heeled business and technology interests pushing for the privatization of our schools. Tech and entertainment companies are pushing charter schools heavily as they wait in the wings for lucrative education supply contracts, for which charter schools may open the doors. And don’t let Waiting for Superman fool you, charter schools’ successful test score numbers are often achieved by pushing out underperforming special needs and economically disadvantaged students.

As national education advocate Diane Ravitch wrote in her blog, “If Tuck wins, the privatization movement will gain a major stronghold.” California ranks 48th in the nation in education spending, a situation we can thank Prop. 13 for. We’d like to see Torlakson advocate for more K-12 school dollars, but for now, he’s the best choice.

 

BOARD OF EQUALIZATION: FIONA MA

Fiona Ma was never our favorite member of the San Francisco Board of Supervisors, and in the California Legislature, she has seemed more interested in party politics and leadership than moving legislation that is important to San Francisco. There are a few exceptions, such as her attempts last year to require more employers to offer paid sick days and to limit prescription drug co-payments. But she also notoriously tried to ban raves at public venues in 2010, a reactionary bill that was rejected as overly broad.

But the California Board of Equalization might just be a better fit for Ma than the Legislature. She’s a certified public accountant and would bring that financial expertise to the state’s main taxing body, and we hope she continues in the tradition of her BOE predecessor Betty Yee in ensuring the state remains fair but tough in how it collects taxes.

 

ASSEMBLY, DISTRICT 17: DAVID CAMPOS

The race to replace progressive hero Tom Ammiano in the California Assembly is helping to define this important political moment in San Francisco. It’s a contest between the pragmatic neoliberal politics of Board of Supervisors President David Chiu and the populist progressive politics of Sup. David Campos, whom Ammiano endorsed to succeed him.

It’s a fight for the soul of San Francisco, a struggle to define the values we want to project into the world, and, for us at the Bay Guardian, the choice is clear. David Campos is the candidate that we trust to uphold San Francisco’s progressive values in a state that desperately needs that principled influence.

Chiu emphasizes how the two candidates have agreed on about 98 percent of their votes, and he argues that his effectiveness at moving big legislation and forging compromises makes him the most qualified to represent us in Sacramento. Indeed, Chiu is a skilled legislator with a sharp mind, and if “getting things done” — the prime directive espoused by both Chiu and Mayor Ed Lee — was our main criterion, he would probably get our endorsement.

But when you look at the agenda that Chiu and his allies at City Hall have pursued since he came to power — elected as a progressive before pivoting to become a pro-business moderate — we wish that he had been a little less effective. The landlords, tech titans, Realtors, and Chamber of Commerce have been calling the shots in this city, overheating the local economy in a way that has caused rapid displacement and gentrification.

“Effective for whom? That’s what’s important,” Campos told us during his endorsement interview, noting that, “Most people in San Francisco have been left behind and out of that prosperity.”

Campos has been a clear and consistent supporter of tenants, workers, immigrants, small businesses, environmentalists — the vast majority of San Franciscans, despite their lack of power in City Hall. Chiu will sometimes do right by these groups, but usually only after being pushed to do so by grassroots organizing and lobbying efforts.

Campos correctly points out that such lobbying is more difficult in Sacramento, with its higher stakes and wider range of competing interests, than it is on the local level. Chiu’s focus on always trying to find a compromise often plays into the hands of wealthy interests, who sometimes just need to be fought and stopped.

We have faith in Campos and his progressive values, and we believe he will skillfully carry on the work of Ammiano — who is both an uncompromising progressive and an effective legislator — in representing San Francisco’s values in Sacramento.

 

ASSEMBLY, DISTRICT 19: PHIL TING

Incumbent Phil Ting doesn’t have any challengers in this election, but he probably would have won our support anyway. After proving himself as San Francisco’s Assessor, taking a strong stance against corporate landowners and even the Catholic Church on property assessments, Ting won a tough race against conservative businessman Michael Breyer to win his Assembly seat.

Since then, he’s been a reliable vote for legislation supported by most San Franciscans, and he’s sponsoring some good bills that break new ground, including his current AB 1193, which would make it easier to build cycletracks, or bike lanes physically separated from cars, all over the state. He also called a much-needed Assembly committee hearing in November calling out BART for its lax safety culture, and we hope he continues to push for reforms at that agency.

 

PROPOSITION 41: YES

Over a decade ago, Californians voted to use hundreds of millions of our dollars to create the CalVet Home and Farm Loan Program to help veterans purchase housing. But a reduction in federal home loan dollars, the housing crisis, and a plummeting economy hurt the program.

Prop. 41 would repurpose $600 million of those bond funds and raise new money to create affordable housing rental units for some of California’s 15,000 homeless veterans. This would cost Californians $50 million a year, which, as proponents remind us, is one-tenth of 1 percent of the state budget. Why let hundreds of millions of dollars languish unused? We need to reprioritize this money to make good on our unfulfilled promises to homeless veterans.

 

PROPOSITION 42: YES

This one’s important. Last year, Gov. Jerry Brown sought to gut the California Public Records Act by making it optional for government agencies to comply with many of the requirements built into this important transparency law. The CPRA and the Ralph M. Brown Act require government agencies to make records of their activities available for public scrutiny, and to provide for adequate notice of public meetings. Had the bill weakening these laws not been defeated, it would have removed an important defense against shadowy government dealings, leaving ordinary citizens and journalists in the dark.

Prop. 42 is a bid to eliminate any future threats against California’s important government transparency laws, by expressly requiring local government agencies — including cities, counties, and school districts — to comply with all aspects of the CPRA and the Brown Act. It also seeks to prevent local agencies from denying public records requests based on cost, by eliminating the state’s responsibility to reimburse local agencies for cost compliance (the state has repeatedly failed to do so, and local bureaucracies have used this as an excuse not to comply).

 

SF’S PROPOSITION A: YES

Prop. A is a $400 million general obligation bond measure that would cover seismic retrofits and improvements to the city’s emergency infrastructure, including upgrades to the city’s Emergency Firefighting Water System, neighborhood police and fire stations, a new facility for the Medical Examiner, and seismically secure new structures to house the police crime lab and motorcycle unit.

The Board of Supervisors voted unanimously to place Prop. A on the ballot, and a two-thirds majority vote is needed for it to pass. Given that San Franciscans can expect to be hit by a major earthquake in the years to come, upgrading emergency infrastructure, especially the high-pressure water system that will aid the Fire Department in the event of a major blaze, is a high priority.

 

SF’S PROPOSITION B: YES

As we report in this issue (see “Two views of the waterfront”), San Francisco’s waterfront is a valuable place targeted by some ambitious development schemes. That’s a good thing, particularly given the need that the Port of San Francisco has for money to renovate or remove crumbling piers, but it needs to be carefully regulated to maximize public benefits and minimize private profit-taking.

Unfortunately, the Mayor’s Office and its appointees at the Port of San Francisco have proven themselves unwilling to be tough negotiators on behalf of the people. That has caused deep-pocketed, politically connected developers to ignore the Waterfront Land Use Plan and propose projects that are out-of-scale for the waterfront, property that San Francisco is entrusted to manage for the benefit of all Californians.

All Prop. B does is require voter approval when projects exceed existing height limits. It doesn’t kill those projects, it just forces developers to justify new towers on the waterfront by providing ample public benefits, restoring a balance that has been lost. San Francisco’s waterfront is prime real estate, and there are only a few big parcels left that can be leveraged to meet the needs of the Port and the city. Requiring the biggest ones to be approved by voters is the best way to ensure the city — all its residents, not just the politicians and power brokers — is getting the best deals possible.

 

SF SUPERIOR COURT JUDGE: DANIEL FLORES

Daniel Flores has an impressive list of endorsers, including the Democratic, Republican, and Green parties of San Francisco — a rare trifecta of political party support. But don’t hold the GOP nod against Flores, who was raised in the Excelsior by parents who immigrated from El Salvador and who interned with La Raza Centro Legal while going to McGeorge School of Law. And he did serve in the Marines for six years, which could explain the broad range of support for him.

Flores is a courtroom litigator with experience in big firms and his own practice, representing clients ranging from business people to tenants fighting against their landlords. Flores told us that he wants to ensure those without much money are treated fairly in court, an important goal we support. We also liked Kimberly Williams and hope she ends up on the bench someday, but in this race, Flores is the clear choice.

 

CONGRESS, DISTRICT 12: NANCY PELOSI

This was a hard decision for us this year. Everyone knows that Pelosi will win this race handily, but in past races we’ve endorsed third party challengers or even refused to endorse anyone more often than we’ve given Pelosi our support. While Pelosi gets vilified by conservatives as the quintessential San Francisco liberal, she’s actually way too moderate for our tastes.

Over her 21 years in Congress, she has presided over economic policies that have consolidated wealth in ever fewer hands and dismantled the social safety net, environmental policies that have ignored global warming and fed our over-reliance on the private automobile, and military policies that expanded the war machine and overreaching surveillance state, despite her insider’s role on the House Intelligence Committee.

Three of her opponents — Democrat David Peterson, Green Barry Hermanson, and fiery local progressive activist Frank Lara of the Peace and Freedom Party — are all much better on the issues that we care about, and we urge our readers to consider voting for one of them if they just can’t stomach casting a ballot for Pelosi. In particular, Hermanson has raised important criticisms of just how out of whack our federal budget priorities are. We also respect the work Lara has done on antiwar and transit justice issues in San Francisco, and we think he could have a bright political future.

But we’ve decided to endorse Pelosi in this election for one main reason: We want the Democrats to retake the House of Representatives this year and for Pelosi to once again become Speaker of the House. The Republican Party in this country, particularly the Tea Party loyalists in the House, is practicing a dangerous and disgusting brand of political extremism that needs to be stopped and repudiated. They would rather shut the government down or keep it hopelessly hobbled by low tax rates than help it become an effective tool for helping us address the urgent problems that our country faces. Pelosi and the Democrats aren’t perfect, but at least they’re reasonable grown-ups and we’d love to see what they’d do if they were returned to power. So Nancy Pelosi has our support in 2014.

 

CONGRESS, DISTRICT 13: BARBARA LEE

Barbara Lee has been one of our heroes since 2001, when she was the only member of Congress to vote against the Authorization for the Use of Military Force Against Terrorists, braving the flag-waving nationalism that followed the 9/11 attacks on the World Trade Center and Pentagon to warn that such an overly broad declaration of war was dangerous to our national interests. She endured death threats and harsh condemnation for that principled stand, but she was both courageous and correct, with our military overreach still causing problems for this country, both practical and moral.

Lee has been a clear and consistent voice for progressive values in the Congress for 16 years, chairing both the Congressional Black Caucus and Congressional Progressive Caucus, taking stands against capital punishment and the Iraq War, supporting access to abortions and tougher regulation of Wall Street, and generally representing Oakland and the greater Bay Area well in Washington DC. She has our enthusiastic support.

 

CONGRESS, DISTRICT 14: JACKIE SPEIER

Jackie Speier has given her life to public service — almost literally in 1978 when she was an aide to then-Rep. Leo Ryan and survived the airstrip shootings that triggered the massacre at Jonestown — and she has earned our ongoing support. Speier has continued the consumer protection work she started in the California Legislature, sponsoring bills in Congress aimed at protecting online privacy. She has also been a strong advocate for increasing federal funding to public transit in the Bay Area, particularly to Muni and for the electricification of Caltrain, an important prelude to the California High-Speed Rail Project. In the wake of the deadly natural gas explosion in San Bruno, Speier has pushed for tough penalties on Pacific Gas & Electric and expanded pipeline safety programs. She has been a strong advocate of women’s issues, including highlighting the epidemic of sexual assault on college campuses and in the military, seeking greater protections, institutional accountability, and recourse for victims. More recently, Speier has become a key ally in the fight to save City College of San Francisco, taking on the federal accreditation process and seeking reforms. Speier is a courageous public servant who deserves your vote.

Uber’s secret, “proprietary” insurance policy leaked

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An anonymous leaker emailed Uber’s previously secreted, hidden insurance plans to the Bay Guardian and a number of taxi industry advocates over the weekend, and who is and who is not insured by Uber may give riders cause for worry.

The insurance policy describes exclusions, limits, and explicit descriptions of who is insured, all details that evaded the public, the taxi industry, and some regulatory bodies trying to investigate Uber and its insurance coverage.

Uber confirmed with the Guardian that the leaked policy was legitimate, but did not directly answer our questions about the consequences of it being leaked.

William Rouse, general manager of Los Angeles Yellow Cab and a former president of the Taxicab Association, said the insurance document raised some troubling questions.

The first problem lies in a semantics game the company may use to distance itself from paying out insurance, he said. “Uber is insuring through Rasier LLC, but contractually drivers contract with Uber. They state in the policy that it kicks in only when Raiser is liable. What we have here is a shell game. Who is Rasier?”

Uber is the parent company of Rasier, Andrew Noyes, an Uber spokesperson, told us. But how listing Rasier versus Uber as the main insurance carrier will affect insurance claims down the road remains to be seen. 

Exclusions in the policy are many, such as one for the “movement of property by mechanical device.”

It states: “‘Bodily injury’ or ‘property damage’ resulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered ‘auto’” is excluded from coverage. Spokesperson Andrew Noyes said this exclusion deals with unloading and offloading of material from a vehicle via a pallet jack or forklift.

One wonders what exclusion Uber used to argue against insurance payment in an incident last year, when a driver using Uber drove into a fire hydrant, which flew 81 feet down Divisadero and landed on a woman named Claire Fahrbach. The resulting geyser flooded several nearby businesses. Fahrbach is suing Uber for medical coverage, litigation that is still ongoing. 

Many revelations from the document are sure to come, and the Guardian will seek analysis from insurance industry experts on the leaked document.

hydrant

Uber’s insurance practices came under sharp investigation after the New Year’s Eve death of six year old Sofia Liu, who died after a collision with a car driven by a driver who had been using the Uber app.

“We have not made the policy — in its entirety — public,” Noyes wrote to us. But now that Uber’s insurance policy is released, advocates and the public can openly discuss the legitimacy and reach of Uber’s insurance. 

San Francisco. New York. Seattle. Cities and states across the country are grappling to regulate the so called rideshare companies, known legally as Transportation Network Companies, such as Uber, Sidecar and Lyft.

The municipalities grappled with many questions: who pays the medical bills, the fees to repair or replace damaged autos, or pay for the damage to property in an car accidents with Uber vehicles? A number of lawsuits filed against Uber so far show that the company has been unwilling to pick up the tab.

At a state insurance hearing in Sacramento last week, the personal automobile insurance industry blasted Uber for shifting some insurance liability onto its drivers’ personal insurance policies.

“It is well documented and publicized that the business model does attempt to shift the cost and the risk to the drivers personal auto insurance,” said Armand Feliciano, the vice president of the Association of California Insurance Companies. But personal insurance is not for people driving what is essentially a taxi cab, he said.

“The risks are fundamentally different,” Feliciano said to the state insurance commissioner. Rideshare companies need to “step up and be the insurers of their drivers. That’s the right policy decision.”

Uber has repeatedly stated they do not want their insurance policy revealed to the public.

“We have spent a great deal of time and effort acquiring this policy and do not share it publicly for competitive reasons,” Noyes told the Seattle Times earlier this month.

When we repeatedly asked him if it was troubling to Uber that their insurance policy was leaked, despite public affirmations that it remain private, Noyes wrote to us “not sure what you mean.” 

The California Public Utilities Commission directly regulates rideshares, or Transportation Network Companies, is one of the few regulatory bodies to have a copy of the policy, but so far it has declined to distribute it openly.

We contacted the CPUC for clarification as to why they withheld the documents, but they asked for more time to get back to us, and did not reply before press time. 

Now that’s changed. We’re embedding Uber’s insurance policy below. If you have any analysis, tips or concerns, please email us at news@sfbg.com

Leaked Uber Insurance Policy by FitztheReporter

 

Uber adjusts insurance policy in wake of fatal collision

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Transportation Network Companies, more commonly known as “rideshares,” have operated in legal limbo regarding their insurance since their creation. This came to a head on New Year’s Eve with the death of six-year-old Sofia Liu, who was killed in a collision with an Uber car driven by a man named Syed Muzzafar. Uber claimed in a blog post that because Muzzafar was not ferrying a passenger at the time, and only using the app to search for fares, that he was not officially covered by their insurance.

That insurance gap left Muzzafar on the hook for the little girl’s death and the injuries of her family, the subject of a lawsuit that could end up seeking some $20 million in damages.

So far, Uber has not provided any compensation to Liu’s family. But it has revised its insurance policy, suggesting future collisions may be covered.

In a blog post, Uber announced that “in order to fully address any ambiguity or uncertainty around insurance coverage for ridesharing services,” it would expand drivers’ insurance “to cover any potential ‘insurance gap’ for accidents that occur while drivers are not providing transportation service for hire but are logged onto the Uber network and available to accept a ride.”

Uber’s new policy will cover up to $100,000 per incident for bodily injuries and $25,000 per incident for property damage. But the blog specifies that the money will not kick in if a driver’s personal insurance covers a collision, as appears to be the case with the New Year’s Eve incident.

In an interview with the San Francisco Chronicle, Uber CEO and co-founder Travis Kalanick said that the Syed Muzzafar’s personal insurance policy had offered to pay the claim, but had not yet followed through.

Uber’s spokesperson Andrew Noyes declined to comment when we asked him about this.

Notably, a coalition of rideshares including Lyft and Sidecar and a handful of insurance companies banded together to develop new insurance policies. The group’s work is ongoing, though the intent looks positive — new insurance policies specific to Transportation Network Companies developed by a coalition of industries would be a great step for driver, passenger and pedestrians alike.

But for now, commercial and personal insurance policies rarely, if ever, cover TNC drivers. And Uber’s new insurance? It’s great, as long as Uber follows through. (Joe Fitzgerald Rodriguez)

Indecisive Democrats let real-estate developers win

By a slim margin, the governing body of the San Francisco Democratic Party voted Wed/12 to oppose a controversial June ballot measure, Proposition B, concerning waterfront height limits.

The initiative would require city officials to get voter approval before approving new building projects that are taller than what’s legally sanctioned under a comprehensive waterfront land-use plan. Prop. B stems from an effort last November, authored by the same proponents, to reverse approval for a luxury waterfront development project called 8 Washington, which exceeded building height limits. In the run-up to that election, the DCCC sided against the 8 Washington developers, and aligned itself with those seeking to strike down the 8 Washington height-limit increase in order to kill the project.

But this time, under the leadership of chair Mary Jung — who is employed as a lobbyist for the San Francisco Association of Realtors — the DCCC came down on the side of powerful real-estate developers.

The vote was surprising to some longtime political observers, given that until recently the DCCC was known as a progressive stronghold in San Francisco politics. Its slate cards are distributed to Democrats throughout San Francisco, and Democrats make up the vast majority of city voters.

In a politically significant outcome, the DCCC’s opposition to Prop. B was decided by a slim 13 to 12 vote. The threshold for it to pass or fail was much lower than usual, because so many DCCC members simply refused to take a stand.

San Francisco Board of Supervisors President David Chiu — who not only opposed 8 Washington but helped gather signatures for the referendum to challenge it — was among those who abstained. Chiu’s decision to abstain sets him apart from Campos, his opponent in the upcoming Assembly race, who voted to endorse Prop. B. Had Chiu voted, Prop. B’s opponents would not have had the votes to get the upper hand.

When reached for comment, Chiu told the Bay Guardian he still hasn’t formed an opinion on the measure, and that he’s waiting on a pending city analysis and the outcome of a lawsuit challenging it.

“There’s been very little analysis and I could take money away from affordable housing and cost the city money fighting a lawsuit,” he said, citing the money that developers would be spending on political campaigns as the potential source of affordable housing money.

“I am open to supporting the measure, as someone who passionate about waterfront development,” he added, citing the lead role he took in opposing the 8 Washington project. (Rebecca Bowe)

 

Local support for national LGBT housing rights

At the Tue/11 Board of Supervisors meeting, Sup. David Campos introduced legislation to encourage large-scale developers to protect the housing rights of the LGBT community.

Same-sex couples nationwide are more likely to experience discrimination in their search for senior housing, a study by the Washington, D.C. based Equal Rights Center found.

To investigate, testers posed as gay or straight couples with otherwise nearly identical credentials, then submitted inquiries on senior housing in 10 different states. They discovered that in 96 out of 200 tests, those posing as lesbian, gay or bisexual residents experienced at least one type of adverse, differential treatment.

Meanwhile, according to the National Center for Transgender Equality, one in five transgender U.S. residents has been refused a home or apartment, and more than one in ten has been evicted, because of their gender identity.

Federal law does not expressly prohibit discrimination based on sexual orientation or gender identity. California law does, as do laws in 19 other states. Given these gaps in legal protection, real-estate providers can adopt their own policies to prohibit LGBT discrimination.

Campos’ proposal would require large-scale developers who wish to build in San Francisco to prove their commitment to equal housing opportunities.

“We want to know whether a developer hoping to build in San Francisco is protecting LGBT housing rights when they own or manage housing in states where legal protections don’t exist,” Campos explained. “By collecting this information, we can highlight best practices and urge those who do not have these policies to do the right thing.”