UBER, LYFT POLICIES PROHIBIT FIREARMS IN THEIR VEHICLES
Questions arose after Denver shooting of a passenger by a driver last month
Denver native Dennis Rios has met his share of oddballs in his three years working for ride-sharing service Lyft.
He sometimes feels nervous driving late at night, especially when his passengers have had too much to drink. Still, the softspoken driver said he feels safe on the job “about 90 percent of the time” — something he attributes, in part, to the company’s “no weapons” policy.
“At least you’re not picking up someone with weapons,” he said. “It makes you feel safe. There are always random people.”
The behavior of ride-sharing drivers and passengers alike was thrust into the national spotlight June 1 when Denver Uber driver Michael Andre Hancock allegedly shot and killed a passenger in his car while on Interstate 25. He has been charged with first-degree murder in the death of Hyun Kim. Hancock and his family have said he was acting in selfdefense.
Uber, like Lyft, has a “no firearms” policy, but enforcement can be problematic — the company usually won’t know about a gun carried by a driver or passenger until law enforcement is involved. And prohibitions to carrying firearms, an act that is constitutionally protected, can be a tricky legal path to navigate. “We want everyone to be and feel safe when they ride or drive,” Uber said in a statement to The Denver Post. “That’s why Uber prohibits riders and drivers from carrying firearms of any kind in a vehicle while using our app. Drivers and riders are encouraged to report inappropriate behavior, including threats of violence, through the app.”
Lyft’s policy forbids weapons
for both drivers and riders in any of its vehicles or service centers. Lyft defines a weapon as any type of firearm, though the company lists several other items that could be categorized as weapons: “handguns, stun guns, explosives, knives, sling shots and tasers.” The company also says it “reserves sole judgment on what else may constitute a ‘weapon.’ “
“We have a strict noweapons policy, violation of which can result in a permanent ban from Lyft’s service,” Lyft senior manager of communications Alexandra Lamanna wrote in an email to The Post. “The safety of the Lyft community is our top priority, and we have worked hard to implement policies and procedures to ensure its safety.”
Uber user Jeff Taylor said the policy makes him more comfortable during rides. While waiting downtown recently for an Uber to take him to Cheesman Park, the 55-year-old agreed with the ethos behind the company’s firearms ban.
“I don’t want to see all firearms taken away, but I’d like to see them restricted strictly,” he said.
Lyft user Fefe Ogen, 35, echoed similar sentiments while waiting for a ride to eatery Snooze.
“It seems legit,” she said. “I don’t think you would want the person behind you to be armed.”
Uber and Lyft have spoken with their policies, but what does the law say?
“As far as Colorado law goes, someone can carry a weapon in a vehicle,” said Jay Casillas, a Denver Police Department spokesperson. “If Uber and Lyft want to enact a policy, that’s up to them.”
Laws prohibiting citizens from possessing guns in vehicles would likely be “constitutionally suspect,” said Jeremy Rosenthal, a Denver-based attorney. Rosenthal’s work often involves clients who were injured while using a ridesharing service.
“Uber and a lot of businesses try to say people can’t carry a gun or a weapon and that’s going to be in conflict sometimes with a statute or a constitutional right to defend yourself,” Rosenthal said. “Then you have a struggle there. In general, constitutional rights apply in a public place, but not necessarily in a company. For example, I don’t have a First Amendment right in a business to say whatever I want.”
In Colorado, however, no such laws exist, said Francis Murphy, a Chicago-based attorney who is representing Kim’s family. Because Uber’s policy does not conflict with state law, Murphy argues it is the company’s responsibility to ensure their policy is followed.
“They have this policy, they have this rule and it’s incumbent on them to enforce that,” he said.
Ultimately, the main issue consists in striking a balance between the right to bear arms, the individual right to self-defense and public safety, Rosenthal said.
“I think it’s a really tough issue,” he said. “It’s someone else’s private car and if they don’t want you to have something in it, you would think they would have the right to tell you. On the other hand, it’s a business, it’s a commercial relationship and might be subject to allowing people to exercise their constitutional rights.”
To help enforce its firearms policy, Uber has a support team to investigate possible infractions, an Uber spokesperson said. Those who violate the firearms policy may be banned from driving for and using Uber.
The company did not say whether it had any mechanisms to enforce the policy before violations occur and did not provide data on the number of bans enacted.
Hancock, who had been an Uber driver for three years, had his privileges to the app revoked soon after the June 1 shooting.
Additionally, the company announced in April that it would pilot a new in-app emergency button in Denver this summer.
Lyft also encourages community members to report violations of its policies by contacting its support team, which can be reached using the “Call Me” button on the company’s safety policies page.
Justin Duncan, a frequent Uber user who lives in the Denver area, has been through the company’s reporting process. After he was allegedly threatened by an Uber driver who claimed to have a gun, Duncan used the app to report it. He eventually called the company’s critical safety line and went to a local Uber office where employees filed a report for him.
“I would definitely suggest finding the office in your city, because it was like going into a completely difference service,” he said. “I didn’t have to do a single thing.”
Duncan said he’s more concerned about Uber’s vetting of its drivers than whether or not they carry a gun, which he said is a driver’s constitutional right.
“I want psychological tests if they’re going to own a gun in a car,” Duncan said.
Although it may not be possible for ride-sharing services to ever fully enforce their policies, this does not mean they should be abandoned altogether, attorney Rosenthal said.
“There’s always going to be people who are going to break your policy, but I don’t think that’s a good enough reason not to have a policy,” he said.
Uber driver Liliana Torres said she would never bring a firearm on the job, but she’s not opposed to the idea of carrying pepper spray to protect herself.
“I’m not for weapons, I never have been, but I think that at some point … I will buy pepper spray or mace or something of that sort because you never know if you’re going to get that one rider, you know?” she said. “Me, being a mom of three, I have to get home every day.”
Uber said its rules about employing weapons other than firearms would be directed by its Community Guidelines.
The company does not explicitly forbid passengers or drivers from carrying weapons other than firearms; however, the company does forbid “any behavior involving violence, sexual misconduct, harassment, discrimination or illegal activity” as well as “verbal threats and making comments or gestures that are aggressive, sexual, discriminatory or disrespectful.”
The company also makes an exception to its firearms policy if a gun is transported according to Transportation Security Administration rules — that is, it is locked in a hard-sided container, is unloaded and is kept in the trunk of the car.
Both Uber and Lyft also have exceptions to their policy for law enforcement and security officers.
Uber said it uses the app to relay information about exceptions to drivers and riders when issues arise.
The Denver Police Department does not track ride-sharing crimes specifically, but using key words to search its records, the department found that from Jan. 1 to June 12, there were 66 crimes in Denver involving “Rideshare Services.” Of those crimes, 10 involved a gun. The data did not specify whether the victims of the crimes were drivers or passengers.
For riders hailing a Lyft or Uber, the best thing to do is to remain aware of one’s location — a task made easier by ride-sharing apps’ GPS tracking systems, said Jay Casillas of the Denver Police Department.
“Just like with anything, if they feel like something is off, they should give us a call and let us know where they are,” he said. “The good thing about ridesharing apps is it’s GPS tracked, so they can see on the map exactly where they are.”