Metrolinx tells GO bus drivers to spit out gum if asked by passenger triggered by sound

Thestar.com
August 22, 2019
May Warren

As part of a larger shift among Ontario’s transit agencies to better accommodate riders with mental health disabilities, Metrolinx has told its GO bus drivers to spit out gum if asked by an autistic man who’s highly sensitive to the sound of people chewing it.

A new memo from Metrolinx sent Tuesday tells drivers to spit out gum if they’re requested by the passenger for the duration of his trip.

Spokesperson Anne Marie Aikins said it’s one strategy that came out of a human rights complaint filed by the man, and the transit agency is trying to meet its obligations under the provincial Accessibility for Ontarians with Disabilities Act.

“The man obviously has a unique situation, a unique disability, and we have been working really hard to accommodate his needs,” she said.

“Spitting out gum is not a hardship.”

The complaint stemmed from 32-year-old paralegal Liam Walshe, who has been diagnosed with autism spectrum disorder. The sound and smell of people chewing gum triggers panic attacks, anxiety, tremors and muscle tension for him.

“Even if I see somebody on TV chewing gum I have to change the channel,” he said.

“I have been having a very horrendous time with transit because of this sensitivity for a very long time.”

He’s OK on GO trains, he said, because he can always go to another car. But on buses he feels trapped. He tries to sit closer to the front to avoid gum-chewing riders, but this means he’s close enough to hear the driver.

Walshe called Metrolinx’s decision “a start” and hopes it will set a precedent for other people with mental health issues.

“Any effort is better than nothing,” he said.

As of Jan. 1, 2017, paratransit services are required to comply with the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act.

To that end, the TTC that year expanded its Wheel-Trans pickup service to include people living with cognitive, sensory or mental health disabilities, for example people with extreme social anxiety.

Metrolinx does not have a paratransit service because buses and trains are already accessible, Aikins said. But the agency has been addressing issues such as allergies and scent sensitivity through posters and education campaigns, so that people do not “open a big bag of peanuts on the train next to people.”

Non-physical disabilities, sometimes called hidden or invisible disabilities, are often unique and each case can require a different approach.

“The only thing that’s standardized is that we have every duty by law to accommodate and do everything we can to accommodate, so it means you have to have very compassionate, committed staff working very closely with individuals to figure out what they need,” Aikins added.

Walshe also has a pending human rights complaint with Peel Region over TransHelp services. Peel Region did not immediately return request for comment.

Kelly Bron Johnson, an accessibility consultant and advocate, said Misophonia -- where a certain sound can trigger agitation, disgust and very strong sensory reactions -- is a known condition that many people struggle with.

“A very, very common one is chewing, people chewing food, chewing with their mouth open, smacking noises,” she said.

“It’s not something that out of the ordinary.”

The Metrolinx case could pit conflicting needs of different people against each other -- some drivers might like to chew gum while driving -- but “it’s not the end of the world.”

Most companies are usually able to find a “happy medium,” and “it’s about give and take. It’s about compromise and making sure everybody is as comfortable as they can be,” she said.

Johnson said she believes this kind of issue is going to surface more and more and is just part of a new reality.

“People are scared to ask for what they need and they start to learn how to advocate for themselves when they see these examples,” she said.

“I do think that this can become a change in society for the better.”

Toronto lawyer and accessibility advocate David Lepofsky called it an example of an “easy accommodation” that “doesn’t cost anything.”

“When you talk about the duty to accommodate, and inclusion, and accessibility on things like public transit, some think that always involves huge enormous costs, but often it doesn’t,” he said.

“It’s just a respectful sort of thing, why not?”

Walshe, who lives in Mississauga, is able to operate as a paralegal in court because chewing gum is not allowed there. He said other transit providers, like the Eurostar train service in Europe and Southwest Airlines in the U.S. have been particularly accommodating, letting him sit wherever he wants.

For him “gum is an accessory” similar to perfume.

“You’ve got alternatives. You’ve got mints, brush your teeth or something, Listerine strips.”