Shocking moment woman in a wheelchair is told she can't get on a bus because there's a pushchair in the space - on her way home from court victory on that exact issue
- New footage shows Kerdesan Gallardo attempting to get onto a packed bus
- However an empty buggy is in the 'priority' space and mother will not remove it
- Campaigner had heard moments before a landmark ruling in the Supreme Court
- Judge decreed that drivers must give priority to wheelchair users over all others
A disabled woman was told she couldn't get on a bus because there was a buggy in the 'priority space - minutes after seeing wheelchair users win a landmark legal case.
A shocking video shows disability campaigner Kerdesan Gallardo attempting to get on a packed bus outside the Supreme Court in London.
The courthouse had just minutes before seen a new decree rule that wheelchair users should be given greater priority over mothers with baby buggies on buses.
As Ms Gallardo tries to board the 148 to Shepherd's Bush, she points out to the driver that an empty buggy is in the priority space, meaning she cannot get on.
Ms Gallardo is interviewed outside of the Supreme Court, moments after a historic legal ruling went in favour of wheelchair users
The driver goes upstairs to find the mother, but she seemingly refuses to budge, causing other passengers to become irate at Ms Gallardo for holding up the bus.
One woman, whose face is muzzed, says to Ms Gallardo: 'What I’m saying to you is you’re being unreasonable.
'Suppose the lady came downstairs and put her two kids in the buggy, what would you do? She’s a priority as well, she’s got two kids.'
As Ms Gallardo, a member of the Transport For All campaign group, speaks to the media outside the court, the mother removes the buggy from the space off-camera.
The woman then says: 'Come on the bus, we’re waiting for you. Come on the bus, you’re holding up the bus for everybody.'
A shocking video shows disability campaigner Kerdesan Gallardo attempting to get on a packed bus outside the Supreme Court in London as she is berated by passengers
The driver goes upstairs to find the mother, but she seemingly refuses to budge, causing other passengers to become irate at Ms Gallardo for holding up the bus
One woman, whose face is muzzed (pictured), says to Ms Gallardo: 'What I’m saying to you is you’re being unreasonable'
Another angry commuter shouts: 'We’re trying to get to work, hurry up.'
It comes after bus drivers were told they must now do more to force non-wheelchair users to vacate the 'priority' space if required by a disabled person.
Previously, the area was viewed as being available on a 'first come, first served basis' between the disabled, parents with children and elderly people.
The case was triggered when wheelchair user Doug Paulley attempted to board a bus operated by FirstGroup which had a sign saying: 'Please give up this space if needed for a wheelchair user'.
Mr Paulley, from Wetherby, West Yorkshire, was left at the stop because a woman with a sleeping baby refused to move her pushchair when asked by the bus driver.
FirstGroup has a policy of 'requesting but not requiring' non-disabled travellers, including those with babies and pushchairs, to vacate the space if it is needed.
As other wheelchair users and disabled people cheered him outside the court, Mr Paulley said: 'I am absolutely delighted. It has been a long fight.'
He added that the judgment marked 'a significant cultural change'.
Doug Paulley enjoys a drink following the outcome of the landmark legal hearing at London's Supreme Court
The case was triggered when Doug Paulley attempted to board a bus operated by FirstGroup which had a sign saying: 'Please give up this space if needed for a wheelchair user'
The case was first heard at Leeds County Court, which ruled the policy breached FirstGroup's duty under the Equality Act 2010 to make 'reasonable adjustments'.
Recorder Paul Isaacs said the bus company policy should have 'required' the woman to move and the wheelchair user's right to priority should have been enforced.
But the recorder's judgment was overturned by the Court of Appeal, which ruled that such a policy would not strike a fair balance between the needs of wheelchair users and the needs of other passengers who might be vulnerable.
The policy would also be liable to give rise to confrontation and delayed journeys.
Mr Paulley then continued his fight before seven justices at the UK's highest court.
The Equality and Human Rights Commission, which supported Mr Paulley at the Court of Appeal and the Supreme Court, described the latest decision in the case as 'a victory for disabled people's rights'.
It added that the ruling was 'a hugely important decision, which has helped clarify the current state of the law, and will give confidence to thousands of disabled people in Britain to use public transport'.
Chairman David Isaac said: 'Public transport is essential for disabled people to live independently, yet bus companies have not made it easy for this to happen.
Mr Paulley, from Wetherby, West Yorkshire, was left at the stop because a woman with a sleeping baby refused to move her pushchair when asked by the bus driver
'This is a victory for disabled people's rights. The success of this case means bus companies will have to end 'first come, first served' policies, increasing peace of mind for disabled people.
'This has been about correcting a confusing policy which has caused untold problems for disabled people.
'For years, wheelchair users have been deterred from using vital public transport links because they could not be sure they will be able to get on. Today's judgment will make that easier.'
He said the court had suggested that the law should be reconsidered in order to provide much-needed clarity for bus companies and their customers, and that the commission 'will be pressing the Government to commit to these changes in the Bus Services Bill'.
Doug Paulley took his fight from County Court all the way to the Supreme Court
Lord Neuberger, the Supreme Court's president, explained that Mr Paulley's appeal was being allowed, but only to the limited extent that FirstGroup's policy requiring a driver to simply request a non-wheelchair user to vacate the space without taking any further steps was unjustified.
Where a driver who has made such a request concludes that such a refusal is unreasonable, he or she should consider some further step to pressurise the non-wheelchair user to vacate the space, depending on the circumstances.
Managing Director of First Bus, Giles Fearnley told MailOnline: 'We welcome today's decision from the Supreme Court.
'It has ruled that bus drivers are not required to remove customers from vehicles, which was a key issue for us. This provides welcome clarity for bus operators, our drivers and our customers.
'This was clearly a difficult case for the Supreme Court with six different judgments, and we look forward to receiving further clarity around the decision when the Court publishes its Order. In response, we will implement any necessary changes.
'We recognise how important it is that bus services are accessible for all customers and we lead the industry in improving bus travel for customers with all disabilities. We are therefore also pleased that the Supreme Court found that we did not discriminate against Mr Paulley.'
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