Lawsuit or Health Dept. Issue?
People would hold their nose as he walked down the aisle and used the bathroom on the bus. After a while, people got used to the routine and it was no big deal. That is, until last Saturday when it got worse. I have ridden with this man before and would keep a bottle of vapor rub to bury my nose in whenever he walked by. So I dealt it with it that way. He would also be accompanied every time by his elderly sister, who either couldn't smell or was used to it.
But on this fine Saturday, which I was not party to, it became unbearable and the smell of rotting flesh & feces took over his clothes. As he walked up and down the aisle, people became nauseas, gagging, vomiting and dry heaving, the whole trip. The driver cranked up the air, opened windows and tried his best to remedy the stench, but to no avail.
The man would go sit in the back, and change seats throughout the trip, undoubtedly leaving stains on the seats and spreading germs. So a handful or riders called the company and demanded refunds or that this man be prevented from riding the bus in the future. The company since has stopped him from taking the bus until he could be free of the germs and odor.
Is he able to sue the company for discrimination or are they correct in banishing him from riding the bus due to the potential health risk?
Quote: BedWetterBetterRecently, I was made aware of a situation that occurred on a Panorama Bus to Atlantic City. An Elderly passenger was banned from riding the bus due to his inability to control his bladder. He was a regular, who rode the bus everyday from Union, NJ to AC and either wore an adult diaper or a colostomy bag and reeked of urine.
People would hold their nose as he walked down the aisle and used the bathroom on the bus. After a while, people got used to the routine and it was no big deal. That is, until last Saturday when it got worse. I have ridden with this man before and would keep a bottle of vapor rub to bury my nose in whenever he walked by. So I dealt it with it that way. He would also be accompanied every time by his elderly sister, who either couldn't smell or was used to it.
But on this fine Saturday, which I was not party to, it became unbearable and the smell of rotting flesh & feces took over his clothes. As he walked up and down the aisle, people became nauseas, gagging, vomiting and dry heaving, the whole trip. The driver cranked up the air, opened windows and tried his best to remedy the stench, but to no avail.
The man would go sit in the back, and change seats throughout the trip, undoubtedly leaving stains on the seats and spreading germs. So a handful or riders called the company and demanded refunds or that this man be prevented from riding the bus in the future. The company since has stopped him from taking the bus until he could be free of the germs and odor.
Is he able to sue the company for discrimination or are they correct in banishing him from riding the bus due to the potential health risk?
I’m going to assume this is a legitimate post. I’m also going to assume DarkOz isn’t the person in question.
So the simple answer is the guy deserves a seat on the bus and everyone riding it gets exactly what they deserve for riding the bus. Remember, everyone is equal in the liberal America today’s freaks want.
Quote: BozI’m going to assume this is a legitimate post. I’m also going to assume DarkOz isn’t the person in question.
So the simple answer is the guy deserves a seat on the bus and everyone riding it gets exactly what they deserve for riding the bus. Remember, everyone is equal in the liberal America today’s freaks want.
I got a good laugh out of that
No it wasnt me.
Curious, while reading about this incontinent person I glanced at who the poster was and laughed out loud to see it was BedWetterBetter.
Things that make you go Hmmmm?
Anyway, its a business and if there were complaints from other customers they have the right to deny service.
Since this bus services NJ, there might be some legal recourse as they have different and more liberal rules about banning customers but it probably would depend on where the bus originated and where the company business offices are.
Best thing is to contact an attorney versus asking for advice on here
Quote: BedWetterBetter
Is he able to sue the company for discrimination or are they correct in banishing him from riding the bus due to the potential health risk?
Yes and Yes.
He may be able to sue the company for discrimination in a Federal Court if his condition qualifies him for protected status as created by the Americans with Disabilities Act (ADA), but I believe he would be likely to lose a lawsuit. The bus company has indeed been making a reasonable accomodation for him - but allowing him to continue to stain seats with bodily wastes is NOT reasonable. I think they were correct in banishing him, especially if they have received complaints from customers.
The bus company may also assume (and perhaps rightly so) that the risk of a Federal Lawsuit is relatively small given the man's medical condition (or at least his apparent symptoms) and his apparent poverty. If he appears in court smelling as bad as you allege, the hearing would be postponed and the judge would chew out his lawyer.
The gate agent that allowed him to board the bus did not do their job. It wasn't discrimination based on race, gender, or other protected classes, so perhaps ADA is an avenue, but I really doubt actively dripping fecal matter or urine in close quarters for voluntary travel is going to be a qualifying or winning condition.
If I were one of the OTHER people forced to endure the company of this person, I would rate my chances of damages somewhat higher. A lot would depend on the company's published or internal code of operations.
Quote: MaxPenPar for the course I imagine. That's a pretty tame bus tale.
Those photos look staged.
Anti-bus people will go to any length.
I can probably show you thousands of car photos of people dead from accidents or road rage.
Or videos of APs being attacked in casinos
Doesn't mean anything really. No one really decides their plans based on random YouTube videos or internet pics
Quote: AyecarumbaI'm pretty sure the only bus photo might be the guy with the pig. The others look like trains.
I doubt Maxpen knows the difference
Quote: darkozI doubt Maxpen knows the difference
Probably not but I think the train is supposed to be more upscale than the subway and then comes the bus in last place for preferred methods of public transportation. I'm pretty darn sure the bus is at the top of the sketchy transportation list.
Quote: MaxPenProbably not but I think the train is supposed to be more upscale than the subway and then comes the bus in last place for preferred methods of public transportation. I'm pretty darn sure the bus is at the top of the sketchy transportation list.
I choose my method of transport based on what is available to take me to my destination.
Trains are more comfortable than the bus if they are available AND make sense as an option.
E.G. the train from NYC to Atlantic City is not preferable over the bus due to its route thru Philadelphia. Takes longer than the bus.
FYI, subways are trains that go underground.
Quote: darkozI choose my method of transport based on what is available to take me to my destination.
Trains are more comfortable than the bus if they are available AND make sense as an option.
E.G. the train from NYC to Atlantic City is not preferable over the bus due to its route thru Philadelphia. Takes longer than the bus.
FYI, subways are trains that go underground.
I'm aware of that. That is why the train is ranked higher than the subway. It gets a better ranking for being above ground (most of the time).😀
Quote: MaxPenI'm aware of that. That is why the train is ranked higher than the subway. It gets a better ranking for being above ground (most of the time).😀
Which makes no sense
Especially since NY subways are actually above ground and even elevated for probably 40% of the total track
Greyhound is bottom nut low, you probably should expect/deserve to have someone sh-tting their pants next to you taking a greyhound. I’m never riding the subway or going to New York for that matter, I’ve seen ghostbusters and heard NY accents, f all that.
Quote: mcallister3200I’m taking the bus from LV airport to downtown tomorrow...then back Friday to get a car and gtf out of Vegas. Worth it for $2 if you don’t need to move the express gets to NYNY or downtown pretty quick, guaranteed to run into some low life’s trying to sell passes they got for free with a few hours left on them for $5 though.
Greyhound is bottom nut low, you probably should expect/deserve to have someone sh-tting their pants next to you taking a greyhound. I’m never riding the subway or going to New York for that matter, I’ve seen ghostbusters and heard NY accents, f all that.
Yeah like Ghostbusters was produced in 1984.
Subways haven't changed in 35 years.
Of course, Hollywood always depicts a city exactly the way it actually appears. They never use literary licence
Best to judge a town by what you see in movies.
Thats why I am never going to those hick towns with all the inbreds running your Deliverance
Quote: darkozWhich makes no sense
Especially since NY subways are actually above ground and even elevated for probably 40% of the total track
One has to rank higher than the other unless you want them to be equal POS for transportation options. I would still put a train as more preferable than a subway and the bus as the worst option. You are the expert though, so what order do you rank train, bus, and subway?
If you're spilling bodily fluids and stinking up a place, I think you will get thrown out, not given a disability pass.
I think if an assigned guardian is not properly taking care of it, they will get the blame, or get replaced. Or someone will be institutionalized if incompetent.
My work takes me to Chicago on occasion. Loooove the METRA trains. Definitely the top rung on Max's hierarchy of public transit!Quote: Gabes22I see the benefit of taking a train. If I have to head into the Chicago Loop for any reason during the workweek you will probably see me take it. Even if you take saving the $25 or more in parking out of the equation, trains, at least make it possible to reach your destination quicker than driving. They do make stops but are not encumbered by traffic lights or traffic jams. Plus, trains typically get up to highway speeds, or even greater. The bus, on the other hand, you sit in the same traffic, wait at the same lights but you make stops, plus the bus typically drives slower than a car. There is no possible way to make it to your destination faster by bus than it would be by car.
Quote: Gabes22I see the benefit of taking a train. If I have to head into the Chicago Loop for any reason during the workweek you will probably see me take it. Even if you take saving the $25 or more in parking out of the equation, trains, at least make it possible to reach your destination quicker than driving. They do make stops but are not encumbered by traffic lights or traffic jams. Plus, trains typically get up to highway speeds, or even greater. The bus, on the other hand, you sit in the same traffic, wait at the same lights but you make stops, plus the bus typically drives slower than a car. There is no possible way to make it to your destination faster by bus than it would be by car.
No, the bus's benefit is it is much cheaper. When I lived in Queens, I was a twenty minute ride from the Port Authority so $2 for the subway plus $23 for the bus and I was on my way, expenses paid round trip.
By car, I'd have to pay $8 for the first tolls, and $12 for the Jersey crossing. Then a couple bucks for the Jersey Turnpike and a few more for the Garden State Parkway and finally the Atlantic City Bridge. That's already more than the bus costs and we haven't mentioned parking, gas or the return tolls.
In some cases, the bus is actually quicker as there are dedicated lanes through the tunnels and cops don't stop buses for speeding.
Driving to AC is a grind. Flying is the best way, then boat, then bus. The first two are usually by invite only. As far as driving goes, few people want to drive eight hours to speak a few hours gambling.
Quote: MaxPenQuote: darkozWhich makes no sense
Especially since NY subways are actually above ground and even elevated for probably 40% of the total track
One has to rank higher than the other unless you want them to be equal POS for transportation options. I would still put a train as more preferable than a subway and the bus as the worst option. You are the expert though, so what order do you rank train, bus, and subway?
Comfort train ranks higher than bus
Price bus generally ranks higher than train (lower prices for the same destination)
Some bus lines go where trains dont which ranks them higher for their variety
I still consider subways to be trains. There are different grades of trains just like airplanes and boats. A single engine cessna vs a commercial jetliner its quite obvious they are different and yet they are both planes.
People in NYC often say they are taking the train when referring to the subway.
LIRR Long Island Railroad is a regional train system that is higher priced and higher comfort levels and quicker speed serving NYC and long Island. They also go underground as well as elevated. You seem to be trying to claim the LIRR is a train or not a train?
Quote: Gabes22Why would it take 8 hours to get there? Looks to me like 2.5 hours.
Depending on time of day it can take 2 hours to get thru the Lincoln Tunnel alone. Traffic of 8 million residents in an area the size of Burbank California
Quote: Gabes22Why would it take 8 hours to get there? Looks to me like 2.5 hours.
In hundreds of trips( I worked the Casbah for just over a year) the best time door to door was just under three hours. I once caught an 10 PM bus and was gambling by midnight but usually it was closer to four hours. Then you have the return trip. Most bus people are day trippers.
If you left NYC mid afternoon, you are looking at 3.5 hours., minimum.
The last fifty miles or so are on a two land highway constantly under construction, and a fender bender turns the road into a parking lot. The road cuts thru the Pine Barrons, where fire is a constant threat in summer. Twice I got detoured some fifty miles out of the way for smoke conditions, and once because a NJ Air National Guard pilot decided to land on the parkway. That was fun.
Looks like I was late for the bus party. Damn you Boz (and Max), you guys ruined all my fun.Quote: BozI’m going to assume this is a legitimate post. I’m also going to assume DarkOz isn’t the person in question.
So the simple answer is the guy deserves a seat on the bus and everyone riding it gets exactly what they deserve for riding the bus. Remember, everyone is equal in the liberal America today’s freaks want.
An excellent analysis of the law and of practical matters.Quote: gordonm888The bus company has indeed been making a reasonable accomodation for him - but allowing him to continue to stain seats with bodily wastes is NOT reasonable.
>risk of a lawsuit is small given the man's medical condition and his poverty.
The problem is Atlantic City is just that. A city and gambling is state laws and state control of funds. Even if 'train" travel were possible its too many jurisdictions and too much technology for anyone to shoulder. Long term bonds can't fund anything when repayment is by privately owned casinos particularly those managed like the Revel. And who wants to fund the travel by this colostomy-leaking guy, his action at tables won't retire a bond issue.Quote: billryanNo, the bus's benefit is it is much cheaper.
By car, I'd have to pay $8 for the first tolls, and $12 for the Jersey crossing. Then a couple bucks for the Jersey Turnpike and a few more for the Garden State Parkway and finally the Atlantic City Bridge. That's already more than the bus costs and we haven't mentioned parking, gas or the return tolls.
Driving to AC is a grind. Flying is the best way, then boat, then bus.
Quote: AxelWolfLooks like I was late for the bus party. Damn you Boz (and Max), you guys ruined all my fun.
By all means have at it.
Quote: darkozYou seem to be trying to claim the LIRR is a train or not a train?
I will leave that to the experts.
In my experience, NYC subways and long-distance buses in rural South America are the sketchiest.
Subways in Washington DC are also getting worse - excessive crowding on station platforms and in trains. Some bad smells in the DC metro.
Subways in Paris and Moscow are crowded but good experiences. I've never had problems with metropolitan bus systems anywhere I've been.
Long distance trains are the best -and are definitely different that subways. Subways sometimes have homeless people urinating on train platforms, dead animal smells in the tunnels, and a dedicated criminal population. You don't get that on trains going between cities.
Quote: gordonm888Basically, it comes down to whether the mode of transportation is the cheapest for getting from point A to point B.
In my experience, NYC subways and long-distance buses in rural South America are the sketchiest.
Subways in Washington DC are also getting worse - excessive crowding on station platforms and in trains. Some bad smells in the DC metro.
Subways in Paris and Moscow are crowded but good experiences. I've never had problems with metropolitan bus systems anywhere I've been.
Long distance trains are the best -and are definitely different that subways. Subways sometimes have homeless people urinating on train platforms, dead animal smells in the tunnels, and a dedicated criminal population. You don't get that on trains going between cities.
Passenger trains. One never knows what you may encounter on frieghts. In college, some of my friends used to hop freighters from Brockport to Syracuse or Utica. Evidently, it is still a thing.
Quote: darkozI got a good laugh out of that
No it wasnt me.
Curious, while reading about this incontinent person I glanced at who the poster was and laughed out loud to see it was BedWetterBetter.
Things that make you go Hmmmm?
Just remember, the loudest stool pigeon gets snuffed first.
Back on topic, the bus company has asked that any customer who supports the decision of banning the elderly man to "email the company with your support." I got a good laugh out of that as most of the riders are grey haired fogeys who couldn't turn on a computer or utilize the email app on their phone if their life depended on it.
What's next a GoFund Me for the legal fees?
Quote: jjjooogggI read a little in the signs "we reserve the right to refuse service." We've had to use criminal trespass for customers harrassing workers and other customers in the restaurant
Imagine if this happened this year and anyone got COVID from riding Panorama Bus to AC? They would've probably pegged the guy as Patient Zero and crucified him.
I think the driver has to use discretion when allowing people to board the bus. On more than one occasion, I've seen people get removed by State Troopers for intoxicated behavior. I suppose if they show no signs of being inebriated, they can't be faulted for it. But many times, they would openly drink and yell at other passengers. Only for the driver to continue on undeterred and act like it's just another day.
