[blindlaw] Refusal To Use A Cane

[Peter Donahue]

Good morning everyone,

    An who belonged to our Florida Affiliate recently moved to San Antonio 
and wishes to join our chapter. This person is totally blind and absolutely 
refuses to use a cane. They recently showed up at our Christmas party and 
had to be helped in to and out of the meeting room we used for this event. 
Members were surprised when they discovered that this person showed up 
without their cane. When later questioned about this the person began giving 
us all manner of excuse. They told us that their neurologist and past O&M 
instructors recommended against the use of the cane due to this person's 
having seizures. This individual attended Perkins along with a number of 
other schools for the blind. I know for a fact that at least while at 
Perkins this individual lived in a cottage with another person who also has 
seizures and is one of the best travelers I know. Like this person, the 
confident cane user is totally blind and is someone I came to know well. The 
individual in question undoubtedly met many other successful blind cane 
users with other disabilities. I myself have seizures and sleep apnea and 
use both a cane and a dog depending on the situation.

    The individual refusing to use their cane has all ready been told by 
several members in the area that if they wish to visit them the/she must 
bring their cane and use it to get from their transportation in to our 
residence and if necessary use the cane during their visit.

    When attempting to reason with the person in question members have been 
accused of "Bullying" them and have heard all excuses in the book why he/she 
cannot use a cane proficiently. The individual has been told that 
neurologists are not qualified to determine whether or not the use of a 
travel aid can effect one's seizures. The evidence to the contrary is over 
whelmingly against this horsepuckey. As we also know not all blindness 
professionals have true belief in the capabilities of the blind. This 
individual obviously had a few such persons in their life to sell them short 
on their ability to travel independently and on the importance of using a 
cane or a dog. The individual has been told that if they show up at any of 
our homes without their cane we will call them a cab and promptly send them 
home at their expense something they can avoid simply by listening to reason 
and using their cane whenever traveling. We're busy people. The last thing 
we need to have to do is take someone to the emergency room when we know 
that an individual has complete disregard for their personal safety and as 
negligent. It seems like direct threat provisions of the ADA may apply in 
this situation where public venues are concerned. The lawyers can help us 
wit this one.

    We want to help this person achieve a higher degree of independence and 
be an active member of our chapter. While we won't prohibit them from 
joining us they'll be a more effective contributor to the cause if they 
would embrace the alternative techniques of blindness and use them 
regularly. Thanks for your help and suggestions.


 Peter Donahue

 “No weapon that is formed against thee shall prosper.”
Isaiah 54:17

 “While for our princes they prepare
In caverns deep a burning snare,
He shot from heaven a piercing ray,
And the dark treachery brought to day.”
Anonymous