10/24/2012 02:23 EDT | Updated 12/24/2012 05:12 EST

Sandy Davidsen, Pushed Disabled Woman, To Be Heard By Human Rights Tribunal

VANCOUVER - The B.C. Human Rights Tribunal has rejected an application by a Vancouver police officer to throw out a disabled woman's complaint against him and his department.

Sandy Davidsen, who has cerebral palsy and multiple sclerosis, complained to the tribunal that Const. Taylor Robinson discriminated against her by assaulting her on the street in the city's Downtown Eastside.

Robinson doesn't deny pushing the woman, but claims that he thought she was reaching for his gun. Video of the June 2010 incident shows Davidsen walking in between three officers when she is pushed to the sidewalk by Robinson.

The officer and the Vancouver Police Department asked that the tribunal stop the hearing process because Davidsen was speculating about the connection between her disabilities and Robinson's actions.

Davidsen alleges that the police failed to prepare for typical conditions in the Downtown Eastside and didn't act in a manner that accommodated her disabilities.

Tribunal member Murray Geiger-Adams didn't rule on the merits of the argument, but refused to throw out Davidsen's complaint without first hearing the case.

and the Vancouver Police Department asked to a complaint by Sandy Davidsen