[Blindtlk] Refusal To Use A Cane

[Steven Johnson]

Peter,
Although I am not an attorney, I am well-versed in the ADA, and with all due
respect, I do not believe the ADA has any application here as the concept of
direct threat, applies to Title I, covering provisions of employment; not
Titles II or III.  It's a choice by this individual to go out into public
without the use of an aide such as a cane, or guide, but their choice is
sighted guide.  They are not posing a risk to anyone but themselves, but I
can assure you that if this person was employed, the application might be
viable.

Steve
-----Original Message-----
From: blindtlk [mailto:blindtlk-bounces at nfbnet.org] On Behalf Of Peter
Donahue
Sent: Sunday, December 16, 2012 6:53 AM
To: nfb-talk at nfbnet.org
Cc: NFBnet Blind Talk Mailing List; Daniel Carr; NFBnet Blind Law Mailing
List; NFB of Florida Internet Mailing List
Subject: [Blindtlk] Refusal To Use A Cane

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


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