Uber manager sobs on stand during trial over wheelchair accessibility

SAN FRANCISCO (CN) — An Uber manager cried on the witness stand Monday when confronted with claims that the ride-hail giant doesn’t care that much about making its service accessible to people who need motorized wheelchairs to get around.

“I think that’s untrue,” Uber’s manager for premium products Connor Fagent said, choking back tears. “I’ve devoted most of my time at Uber working on the program and putting a lot of effort to try to make it work … and I take a lot of pride in my work.”

Fagent testified on the last day of a virtual bench trial that will determine if Uber’s failure to introduce wheelchair-accessible vehicle (WAV) programs in New Orleans and Jackson, Mississippi, violates the Americans with Disabilities Act.

The ADA requires companies make reasonable efforts to provide “equivalent” service to what’s offered to able-bodied customers, but Uber claims it would cost too much and be utterly unreasonable to make it offer accessible rides in the two Gulf Coast cities.

Uber spent nearly $57 million to operate WAV programs in 11 U.S. cities and Toronto in 2020, but the company says running such a program in New Orleans or Jackson would be extremely cost inefficient due to smaller populations and lower demand for accessible rides.

Fagent testified that it would cost Uber more than $400 per trip to operate a WAV program with a commercial fleet partner in New Orleans and more than $1,000 per trip in Jackson. That’s compared to the $187-per-ride average Uber pays to offer WAV service in other cities.

Last week, a transportation economist testified Uber could cover the costs of operating WAV programs in New Orleans and Jackson by charging an extra 10 cents for rides in those cities.

Fagent rebutted that claim Monday, noting that a 10-cent surcharge would generate about $500,000 per year in New Orleans, less than the $800,000 per year it would cost to run the program with a commercial fleet partner.

Beyond collaborations with firms that employ drivers, the plaintiffs also argued Uber could use other methods, such as monetary incentives, to add more accessible cars to its fleets in both cities.

Fagent and his superior, rider and airport operations director Niraj Patel, testified that bonus programs failed to boost the number of accessible vehicles in other cities because the costs of buying, renting and maintaining WAVs are still too high for most drivers.

“There’s not a large existing supply of people with personal WAVs so there’s not people for those incentives to reach,” Patel said.

Leasing programs also proved unsuccessful in increasing the supply of WAV rides in other urban centers because most drivers don’t want to be locked into a long-term lease, Patel said.

“We found leases were not particularly attractive to drivers,” he said.

According to Patel, Uber prioritizes launching Uber WAV programs in cities that are larger in size, where public funding is available and where local governments require it by law. He said New Orleans is outside of Uber’s top 30 cities for ride requests, and Jackson is far lower down the list.

“As we try to prioritize that $50 million or so that we’re willing to invest, Jackson and New Orleans haven’t risen as markets that should be priority,” Patel said.

On cross-examination, plaintiffs’ attorney Garret DeReus asked Patel who decided that Uber could spend no more than $50 million on its WAV programs.

“It’s a decision a group of people make together as we look at the entire budget for our business,” Patel said.

DeReus pointed out that Uber has $6.5 billion in unrestricted cash or cash equivalents according to recent securities filings. He also noted that Uber spent $800 million to help drivers transition to electric vehicles and provided 10 million free rides and food deliveries during the Covid-19 pandemic.

When cross-examining Patel’s subordinate Fagent, DeReus asked if expanding Uber WAV to New Orleans and Jackson further the company’s mission of “bringing reliable transportation to everyone, everywhere."

“I think it would be difficult for the reasons I laid out before,” Fagent replied.

“If this court were to order Uber to provide Uber WAV in New Orleans and Jackson, wouldn’t you agree that you and your team know how to take the steps necessary to make Uber WAV available in those locations,” DeReus asked.

“I think we have learnings,” Fagent said. “I don’t know if we’ve figured out the best way to do it.”

Chief U.S. District Judge Richard Seeborg ordered both sides to submit posttrial briefs by Feb. 23 and said he will schedule a date for closing arguments after that.

Follow @NicholasIovino

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Email *

Submit