[Blindtlk] Polocies Against The Blind...

Sat Dec 17 20:24:28 UTC 2011

Mike,
    I tend to believe that the waters of health care facilities are less 
muddy than some think. I recently did some research on this issue while 
developing model policies concerning service dogs in health care facilities 
and providers of pre-hospital treatment and transportation (ambulances). 
Unless there is objective evidence that a particular issue creates a 
significant risk that cannot be eliminated by a modification of policies, 
practices, and procedures, such health care providers cannot discriminate 
against an individual with a disability. The Centers for Disease Control & 
Prevention (CDC) has published information about this in their manual, 
"Guidelines for environmental infection control in health care facilities" 
which I have attached to this message.

Fraternally yours,
Marion Gwizdala


----- Original Message ----- 
From: "Mike Freeman" <k7uij at panix.com>
To: "'Blind Talk Mailing List'" <blindtlk at nfbnet.org>
Sent: Saturday, December 17, 2011 12:47 PM
Subject: Re: [Blindtlk] Polocies Against The Blind...


> Thank you, Marion. I am familiar with the language. I merely was trying to
> point out that there might be an argument in court. I agree with you.
>
> However, my point still stands that in the medical arena, the waters are,
> unfortunately, sometimes pretty muddy in that multiple statutes claim
> jurisdiction and it's often anyone's guess which the courts rule will
> prevail.
>
> It's sorta like whether the internet is a place of public accommodation. 
> It
> took some prodding by DOJ to make everyone agree that cyberspace *is*
> covered by Title III.
>
> Mike
>
>
> -----Original Message-----
> From: blindtlk-bounces at nfbnet.org [mailto:blindtlk-bounces at nfbnet.org] On
> Behalf Of Marion Gwizdala
> Sent: Saturday, December 17, 2011 6:45 AM
> To: Blind Talk Mailing List
> Subject: Re: [Blindtlk] Polocies Against The Blind...
>
> Mike,
>    The Americans with Disabilities Act defines a covered entity, in part,
> as
>
> "a laundromat, dry- cleaner, bank, barber shop, beauty shop, travel 
> service,
>
> shoe repair service, funeral parlor, gas station, office of an accountant
>
> or lawyer, pharmacy, insurance office, professional office of a health 
> care
> provider, hospital, or other service establishment;" (
>
> 42 USC 12181(7)(F))
>
>
>
>    A blood bank would be a covered entity under this section, since it is 
> a
>
> "service establishment". Private entities that provide publicv
> accommodations are required to modify their policies, practices, or
> procedures so as to not discriminate against a disabled person unless 
> doing
> so creates a "direct threat", defined as "a significant risk to the health
> or safety of others that cannot be eliminated by a modification of 
> policies,
>
> practices, or procedures or the provision of auxiliary aids or services."
> (42 USC 12182(3))
>
>
>
> A blood bank that either sets up in a satellite location or has a
> bloodmobile is bound by these prohibitions of discrimination, since the
> satellite facility is operated by the entity and the bloodmobile is part 
> of
> its rolling stock.
>
>
>
> Fraternally yours,
>
> Marion Gwizdala, President
> National Association of Guide Dog Users (NAGDU)
> National Federation of the Blind
> 813-626-2789
> President at NAGDU.ORG
> HTTP://WWW.NAGDU.ORG
>
>
>
>
>
>
>
>
>
>
> ----- Original Message ----- 
> From: "Mike Freeman" <k7uij at panix.com>
> To: "'Blind Talk Mailing List'" <blindtlk at nfbnet.org>
> Sent: Friday, December 16, 2011 2:12 PM
> Subject: Re: [Blindtlk] Polocies Against The Blind...
>
>
>> AARRGG! Shades of the 1957 banquet speech, "The Cross of Blindness". I
>> have
>> never given blood but checked the last time there was a blood drive at my
>> place of employment and was told that there would be no problems even
>> though
>> I am an insulin-dependent diabetic. Dr. Maurer should be informed of this
>> and perhaps a resolution for Dallas is in order.
>>
>> Incidentally, I believe the good pastor is in error: I do not believe
>> there
>> is a Federal antidiscrimination statute that applies in this instance
>> unless
>> a blood drive can be classified as a place of public accommodation,
>> program
>> or service. I hope I'm wrong.
>>
>> Mike
>>
>>
>> -----Original Message-----
>> From: blindtlk-bounces at nfbnet.org [mailto:blindtlk-bounces at nfbnet.org] On
>> Behalf Of Steve Jacobson
>> Sent: Friday, December 16, 2011 10:50 AM
>> To: Blind Talk Mailing List
>> Subject: Re: [Blindtlk] Polocies Against The Blind...
>>
>> I have given blood here in Minnesota through my employer to the red cross
>> and I am finding it
>> increasingly difficult to donate.  We have had other problems in the Twin
>> Cities in the past that we
>> tried to address, but I must say, not having an emergency exit policy is
>> about the most blatent and
>> least defensible thing I have heard.  Certainly you have a right to feel
>> frustrated, but it does seem
>> that there is work to be done as well.  I can't help but wonder what 
>> their
>> general policy is to deal
>> with someone who is half through giving blood and who might be dizzy if
>> forced to stand in a hurry.  I
>> would think that blindness would be the least of the problems that one
>> might
>> have.  <smile>
>>
>> You might be interested to know that it is now common practice to not
>> permit
>> someone you know to fill
>> out the paperwork with you.  The justification is that you might not be
>> honest with them in your
>> answers.  This requires you to take the time of a staff person, and even
>> if
>> they are willing, they are
>> often required to tend to other tasks.
>>
>> Were you working with a branch of the Red Cross there in Duluth or is it
>> another type of blood bank?
>>
>> Best regards,
>>
>> Steve Jacobson
>>
>> On Fri, 16 Dec 2011 12:22:35 -0600, James Kelm wrote:
>>
>>>Dear friends,
>>
>>>    Well an interesting thing happened to my wife and I last Friday, and 
>>> I
>>>thought that I'd see what you all thought.  It seemed to be a relevant
>>>story, based upon the recent conversations here on this list.
>>
>>>    Wanting to do something good for our fellow human beings, my wife and
>>> I
>>>decided that we would donate blood at one of our local blood banks.  We
>>>arrived, filled out the necessary paper work, and waited in the waiting
>> room
>>>to do our duty.
>>
>>>    After a few minutes, a gentleman came out and requested that we 
>>> follow
>>>him to his office.  I am assuming that this gentleman was some kind of a
>>>manager.  After entering his office, he politely informed us that he had
>>>spoken to his corporate office, and learned that they currently had no
>>>policy in place to assure my safety in the case of an emergency, so
>>>unfortunately they did not allow blind people to donate blood.  He then
>>>turned to my wife, who is sighted but like many middle-aged people, wears
>>>reading glasses.  The gentleman went on to explain that unless my wife
>>>went
>>>home to retrieve her reading glasses and thereby demonstrating that she
>>>was
>>>not blind, they also would not allow her to donate.  I politely explained
>>>that the corporate office should be aware that their company policy
>> violated
>>>Federal anti-discrimination laws, and they did not have the legal luxury
>>>of
>>>determining which laws they were, or were not prepared to follow.  The
>>>gentleman told me that he understood, but that he had to comply with his
>>>corporate office's instructions to not allow the blind to donate blood.
>>
>>>    This situation came as a bit of surprise to me.  Of course most of us
>>>blind folks are use to vague and concealed discrimination, but I was
>>>caught
>>>off guard to face such an open and obvious demonstration of one's civil
>>>rights being disregarded.  It was rather shocking to be directly told by 
>>>a
>>>business, that they did not want the blind!
>>
>>
>>>Your Brother in Christ,
>>>Pastor James Kelm
>>>True Hope Church of Duluth
>>>Web Site: www.thcduluth.org
>>>Office E-mail: office at thcduluth.org
>>>Phone: 218-727-4186
>>
>>>_______________________________________________
>>>blindtlk mailing list
>>>blindtlk at nfbnet.org
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>> blindtlk:
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> i
>> .com
>>
>>
>>
>>
>>
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