[Flagdu] Legislative Consideration

[Sherri]

Sounds sensible to me Merry.
----- Original Message ----- 
From: "Merry Schoch" <merrys at verizon.net>
To: "Marion & Martin" <swampfox1833 at verizon.net>; "Florida Association of 
Guide Dog Users" <flagdu at nfbnet.org>
Sent: Sunday, January 17, 2010 9:03 AM
Subject: Re: [Flagdu] Legislative Consideration


> Marion,
> Instead of reinventing the wheel, would it be easier to add on "or to use 
> a guide dog, dog guide, etc., with possible a bit of explanation as is 
> note for the white cane,  to the already existing statement as follows: 
> (1), "It is unlawful for any person, unless totally or partially blind or 
> otherwise incapacitated, while on any public street or highway, to carry 
> in a raised or extended position a cane or walking stick which is white in 
> color or white tipped with red ....or to use a guide dog.
>
> JMHO,
> Merry
>
> ----- Original Message ----- 
> From: "Marion & Martin" <swampfox1833 at verizon.net>
> To: "FLAGDU List" <flagdu at nfbnet.org>
> Cc: "NYAGDU List" <nyagdu at nfbnet.org>; "NAGDU List" <nagdu at nfbnet.org>
> Sent: Saturday, January 16, 2010 11:10 AM
> Subject: [Flagdu] Legislative Consideration
>
>
>> Dear All,
>>    Last week, someone claiming protection under the ADA brought what they 
>> purported to be a service animal onto a Hillsborough Area Regional 
>> Transit (HART) vehicle and this animal bit the employee. Though we are 
>> unclear about all of the circumstances, such as if it was a fixed route 
>> or para transit vehicle or if the dog was a legitimate service animal, 
>> the incident has caused some issues.
>>    When Merry was coming home from her internship last Wednesday, the 
>> operator told her she needed to provide documentation for Kappie, which 
>> she refused to do. He refused to move the vehicle while he contacted the 
>> dispatcher. ITM, Merry called me concerning this. When I called the 
>> dispatcher, I was told that HART had implemented a new policy that "all 
>> animals, including service animals, must show proof of vaccination" (his 
>> words). I advised him that such a policy was in violation of the ADA, to 
>> which he asserted it was not. When I asked him if he was an attorney, he 
>> said he was not but he would be happy to transfer me to HART's legal 
>> counsel. He also told me that Merry could ride this time, but would need 
>> to provide such documentation  of vaccination the next time she traveled.
>>    I left a message for HART's counsel, Sylvia Berrien,  and received a 
>> return call the following morning. I have discussed this issue with Ms. 
>> Berrien, with HART's  Director of Customer Service, Sylvia Castillo, and 
>> Katherine Eagan, HART's Chief of Route Development, all of whom 
>> apologized for the incident, assured me that there was no such policy, 
>> and immediately issued a memorandum to all HART operators concerning 
>> this.
>>    This all leads me to the subject of this message. Florida statute 
>> 316.1301, Commonly known as the "White Cane Law", states in paragraph 
>> (1), "It is unlawful for any person, unless totally or partially blind or 
>> otherwise incapacitated, while on any public street or highway, to carry 
>> in a raised or extended position a cane or walking stick which is white 
>> in color or white tipped with red. A person who is convicted of a 
>> violation of this subsection is guilty of a misdemeanor of the second 
>> degree". In addition to this incident (HART seems to believe this animal 
>> was not a service animal under the definition of the ADA), we have 
>> encountered others claiming their pets were service animals in order to 
>> gain access with them.
>>    How would you feel about a measure to create a criminal penalty for 
>> those who pass their pets off as service animals in order to gain access 
>> with them, similar to those provisions mentioned above? I am also 
>> circulating this message to other affiliate divisions and to the NAGDU 
>> list to gain input on this issue. All comments are invited!
>>
>>
>>
>> Fraternally yours,
>>
>> Marion Gwizdala, President
>>
>> National Association of Guide Dog Users
>>
>> National Federation of the Blind
>>
>>
>>
>>
>>
>>
>>
>>
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>
>
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