[nagdu] Woman with guide dog says civil rights were violated

Marion & Martin swampfox1833 at verizon.net
Sun Jun 7 03:40:54 UTC 2009


Angie,
    My point was primarily to say that a Prosecutor may not bring the case 
foward because of the interpretation of the terminology, much like the one 
in Miami may interpret the law.

Fraternally,
Marion


----- Original Message ----- 
From: "Angie Matney" <angie.matney at gmail.com>
To: "'NAGDU Mailing List, the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Saturday, June 06, 2009 5:54 PM
Subject: Re: [nagdu] Woman with guide dog says civil rights were violated


> Hi Marion,
>
> Yes, it would depend on the judge's interpretation of the law. But the
> example you cited regarding a taxi company is very different than a law 
> that
> would contain the words "seeing eye." I really do not believe an attorney
> could win a case with only the "seeing-eye" argument.
>
> Best,
>
> Angie
>
>
>
> -----Original Message-----
> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
> Of Marion & Martin
> Sent: Saturday, June 06, 2009 5:09 PM
> To: NAGDU Mailing List, the National Association of Guide Dog Users
> Subject: Re: [nagdu] Woman with guide dog says civil rights were violated
>
> Angie,
>    You have stated what I meant by my comments. As for whether or not an
> attorney could win on this technicality might be up to a judge. we have a
> case currently in the works in Florida in which the State Attorney will 
> not
> file charges against a private taxi company that has denied access to two
> blind people. The SA is arguing that the taxi company has the right to
> refuse access to anyone for any reason and that, as a private company, it 
> is
>
> not a "public accommodation". The Attorney General's office is intervening
> for us on this question. I offer this example as one of a technicality 
> that
> may cause even someone who should be a legal advocate for the public as 
> one
> who is interpreting the law too narrowly and, in my opinion, incorrectly.
>
> Fraternally,
> Marion
>
> ----- Original Message ----- 
> From: "Angie Matney" <angie.matney at gmail.com>
> To: "'NAGDU Mailing List, the National Association of Guide Dog Users'"
> <nagdu at nfbnet.org>
> Sent: Saturday, June 06, 2009 12:02 PM
> Subject: Re: [nagdu] Woman with guide dog says civil rights were violated
>
>
>> Hi Jenine,
>>
>> I could be wrong, but I think Marion was talking about a possible 
>> criminal
>> case. I think he was suggesting that an attorney might argue that an
>> access
>> denial was not a crime if it didn't happen to a team from The Seeing Eye.
>> (Having said that, I don't remember if Texas has criminal access-denial
>> statutes or not.) In a criminal case, the ADA terminology wouldn't 
>> matter,
>> but as I said in my other email, I don't think an attorney could win an
>> argument on a technicality like that.
>>
>> -----Original Message-----
>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On 
>> Behalf
>> Of Jenine Stanley
>> Sent: Saturday, June 06, 2009 11:00 AM
>> To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
>> Subject: Re: [nagdu] Woman with guide dog says civil rights were violated
>>
>> Interesting logic, Marion, but federal law trumps state and local laws 
>> and
>> there's no such mention of the term "Seeing eye" in the ADA. Now I 
>> suppose
>> if a person just stuck with remedies provided under state law or local 
>> law
>> and such a term was still in place then it would matter, but hopefully a
>> good attorney could also argue against it as well as for it.
>>
>>
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