[Blindtlk] Letter to the Editor: Dining inthe Dark events re:[blindtlk] fw: MIRA Foundation

[Mike Freeman]

I was intrigued when I first joined the Federation over the paradox that
could be read into the provisions of the several White Cane Laws.

On the one hand, I thiknk Dr. tenBroek wanted to ensure that whether a blind
person carried a cane, used a guide dog or did neither, the same protections
would be available to him or her.

On the other hand, I dare say there are few adherents of NFB philosophy that
would maintain that, no matter what, a blind person was entitled to the
benefit of the doubt or did not have a duty to exercise the same due
diligence in attempting to obey traffic laws to the same extent as would be
expected of sighted pedestrians.

The crux of this possible dichotomy or dilemma comes into play when a blind
person crosses at a location other than a designated crosswalk.

I am not a lawyer so perhaps some of our Legal Eagles can assist me here but
I'm not sure there ever has been a definitive ruling on this question (how
the duty to exercise due diligence intersects with the traffic rights
guaranteed by the White Cane Laws).

Mike Freeman


-----Original Message-----
From: blindtlk-bounces at nfbnet.org [mailto:blindtlk-bounces at nfbnet.org] On
Behalf Of Mary McGee
Sent: Thursday, December 15, 2011 8:20 AM
To: 'Blind Talk Mailing List'
Subject: Re: [Blindtlk] Letter to the Editor: Dining inthe Dark events
re:[blindtlk] fw: MIRA Foundation

Hi, All;
	This is an interesting topic.  A few weeks ago, some of our Chapter
Members had a rather heated discussion about it.  When I have nothing to do
or feel rebellious, I'll review the law.  Perhaps I'm vain, but I could
probably win a case in Iowa if a blind person with a cane or a dog was hit
by a car.  Iowa is a comparative fault state and the Drivers' Manual
mandates that drivers yield to people with canes or dogs.  The mandate is
also in the Code.  Therefore, the driver would be negligent for failing to
keep a proper lookout, etc.
Sincerely,
Mary L. McGee


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-----Original Message-----
From: blindtlk-bounces at nfbnet.org [mailto:blindtlk-bounces at nfbnet.org] On
Behalf Of Hyde, David W. (ESC)
Sent: Thursday, December 15, 2011 10:06 AM
To: 'Blind Talk Mailing List'
Subject: Re: [Blindtlk] Letter to the Editor: Dining inthe Dark events
re:[blindtlk] fw: MIRA Foundation

States differ in their white cane laws. Lawyers differ in their abilities.
Judges sometimes make a bad decision. I am not aware of the particular case.
Such a decision would have been contrary to a number of Federal laws and
precedents. Of course, if such are not cited, they may well not come into
play.



-----Original Message-----
From: blindtlk-bounces at nfbnet.org [mailto:blindtlk-bounces at nfbnet.org] On
Behalf Of Bryan Schulz
Sent: Thursday, December 15, 2011 9:46 AM
To: Blind Talk Mailing List
Subject: Re: [Blindtlk] Letter to the Editor: Dining inthe Dark events
re:[blindtlk] fw: MIRA Foundation

hi,

i don't know what was passed but it is apparently weak because an accident
was partly a blind persons fault just for being there as late as 1994.

Bryan Schulz

  ----- Original Message ----- 
  From: Hyde, David W. (ESC) 
  To: 'Blind Talk Mailing List' 
  Sent: Thursday, December 15, 2011 8:47 AM
  Subject: Re: [Blindtlk] Letter to the Editor: Dining inthe Dark events
re:[blindtlk] fw: MIRA Foundation


  To follow up on Mikes post, the origin of the premise that being out in
public and that it not be viewed as either contributory or comparative
negligence stems from an article from the Stanford Law Review by Dr.
TenBroek entitles 
  "The Right to Live in the World; The Blind, Disabled, and law of torts.)
For those who like to go way back to how things started, this is it. To my
mind, at least, it serves as the basis for the civil rights laws passed
regarding disabilities.

  -----Original Message-----
  From: blindtlk-bounces at nfbnet.org [mailto:blindtlk-bounces at nfbnet.org] On
Behalf Of Sheila Leigland
  Sent: Wednesday, December 14, 2011 7:43 PM
  To: Blind Talk Mailing List
  Subject: Re: [Blindtlk] Letter to the Editor: Dining in the Dark events
re:[blindtlk] fw: MIRA Foundation

  Mike I know you are right. During the week the blind students from the
colorado center were injured and I gbelieve one was killed there were people
out there that thought somehow they were responsible just because they were
waiting for the bus.

  Sheila Leiglan d

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