Metro Trains have discriminated against him because they haven’t complied with their own regulations and made sure cyclists are prevented from using the space, his complaint alleges. And because Metro have failed to enforce this rule, they have left Mr Jones, who also has a cognitive disability, to deal with stressful social interactions which he does not have the capacity to manage, it says. ‘‘I have argued it be should be policed by ticket inspectors,’’ says Mr Jones. ‘‘They do come through from time to time but I have never seen anyone say anything when there has been a bike present.’’ When Mr Jones uses his manual wheelchair, often with a small trailer attached to carry personal items he cannot hold, he has to wait at the first door of the first carriage for the driver to lay a ramp on the ground so he can get onto the train.

If there are cyclists inside the train, he only has a tiny window of time to voice his concern, and he often finds it difficult to see. ‘‘The train is full of passengers who want to get underway,’’ says his lawyer Naomi Anderson, from Villamanta Disability Rights Legal Service. "The driver is already irritated by having to get out and manage the ramp. Everybody wants to go. Nobody wants to talk about the decals [signs] or the regulations, or that this shouldn’t be happening." With his limited eyesight, his impaired capacity to problem solve, his physical inability to manoeuvre significantly, and his reliance on public transport, Mr Jones is forced into a situation he cannot control, Ms Anderson says. Other passengers sometimes get irritated when they want to get off the train and they can’t get past Mr Jones, accidentally bumping him, she says. To disembark the carriage, Mr Jones requires space to turn but this is impossible when he is parked next to a bike.

‘‘Knowing that they [a person using a wheelchair] could have this issue every time they board a train it is a major discouragement to using public transport,’’ said Ms Anderson. When Mr Jones complained to Metro he was given a contact telephone number to call and speak to customer relations, which Ms Anderson describes as an ‘‘unworkable’’ solution. Metro spokesperson Marcus Williams said it was ‘‘absolutely committed’’ to providing an accessible service for everyone. ‘‘We understand it is frustrating for passengers when people with bikes board at the first door, and we remind people that this is an offence,’’ Mr Williams said. Metro’s ‘‘accessibility plan’’ states that signs have been applied to platforms to tell passengers that no bicycles are allowed at the first door of the first carriage.