Incident on Edmonton DATS bus leads to assault charge against blind man

A blind Edmonton man is heading to court this week to defend himself over what he calls a misunderstanding that led to him being accused of assaultingthedriver of a bus for disabled people.

Kelly Fair hopes the case will end with his name being cleared and with improvements tohow the Disabled Adult Transit Service (DATS) operates.

In the April 10 incident, the 54-year-old, who can see shadows, had put in an advance request for a DATSvan to pick up himself, his guide dog and his roommate, who is both visually and mobility impaired.

The driver asked his roommate to move to the van's back row, but her disability makes her unable to clamber into the rear seats, Fair said.As well, Fair realized there wasn't enough room inside the vehicle for both him and his guide dog.

The profilesDATSkeeps on its clients would have included those details for himself and his roommate, Fair said.

When Fair tried to get out of the vehicle to adjust the seat, he said he bumped into the driver, causing him to stumble back.

The DATS driver called his supervisor, who did not ask Fair for a statement.Within hours,police informed him he'd been charged with assault, he said.

Why am I being treated the way that I am? It always feels like I'm being discriminated against.- Kelly Fair

"Why am I being treated the way that I am? It always feels like I'm being discriminated against," Fair told CBC News.

His case is scheduled to be heard in court Tuesday.

Fair is a big man he's well over six feet tall and has a booming voice, but he said that doesn't translate to assault.

"I might have gotten a little hot-tempered and vocal, but within the 31 years I've been riding with DATS, I have never assaulted anyone," he said.

Meanwhile, Edmonton Taxi Service, which is subcontracted to provide rides for DATS,has refused to provide service to the household until the matter is settled in court, forcing him to pay the additional costs for taxis.

"That makes me a little upset," Fair said. "I'm not the only one who lives here."

In an emailed statement to CBC News, Edmonton Transit Service spokesperson Tarra Kongsrude said they are aware of the incident.

"ETS takes the safety ofits customers and staff very seriously," the statement said. "We are aware of this matter and can confirm that the DATS driver followed standard ETS protocol for reporting an incident."

'A big teddy bear'

Dudley Hanks has known Fair for more than 30 years. Hanks is also blind and studied with Fair at what is now Norquest College.

Hanks described Fair as "abrupt" and "straightforward," but otherwise harmless. "He's not the kind of guy who's going to go out and hit somebody or push his weight around," he said. "He's basically a big teddy bear."

It's not the first time Fair has had this kind of situation.

He's basically a big teddy bear.- Dudley Hanks

A few years ago, Fair was getting onto a walk-up ETS bus when itstarted moving before he sat down.

In reaching to what he thought was a handle to catch his balance, Fair said he grabbed the shoulder of the driver, upsetting the driver.

Fair said that ETS bus drivers are now required to stop completely until a disabled person has taken their seat.

Fair is hoping a similar positive change comes out of this case once he clears his name.

HehopesETS will train its contracted drivers to help load up guide dogs into a vehicle and ensure riders have enough space to sit.