[nagdu] Jordan: My Reply to Your Assertions

Wed Dec 8 16:07:03 UTC 2010

Jordan,
    If you can cite the section of the ADA that mentions "service animals", 
I will send you $20.00 cash! Service animals are part of the implementing 
rules, but not a part of the Americans with Disabilities Act.
    As for the contention that I did nothing to resolve your concern and you 
have chosen to make this assertion publicly on more than one occasion, I 
will reply publicly, as well. I ignored the first message you posted 
concerning this but choose to not ignore it the second time. A review of my 
records indicate that you contacted me on November 18, 2009 bringing a 
policy concerning service animals to my attention. I replied to this message 
on November 19, 2009 asking if you were a student at this institution. You 
replied that same day stating that you "planned" to attend this university 
but changed your mind upon reading this policy. You went on to imply that 
you knew other students at this university who were guide dog users. I asked 
you to have one of those affected by this policy get in touch with me, as I 
am only capable of helping to resolve issues  that actually affect someone. 
There was no further contact from you or anyone affected by this policy, so 
I did not pursue it. There are many policies that need to be changed; 
however, I can only help change those policies that have an actual effect of 
discrimination. A policy is only discriminatory when it results in 
discriminatory behavior.
    In the future, I would encourage you to refrain from making inflammatory 
statements about me or anyone else not founded in fact, especially on a 
public list that can be viewed by anyone with an internet connection. If you 
would like to review our email communications on this issue, I would be more 
than happy to forward them to you!

fraternally yours,
Marion


----- Original Message ----- 
From: "Jordan Gallacher" <jgallacher1987 at gmail.com>
To: "'NAGDU Mailing List, the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Wednesday, December 08, 2010 9:59 AM
Subject: Re: [nagdu] a couple questions


> Dan,
> Actually,
> Service animals are mentioned.  Where did Marrion get that?  I have 
> written
> papers and give speeches on guide dog use, and have made reference to the
> ADA several times.  I'm really getting annoyed with Marrion's attitude, 
> and
> get this, there was a major ADA violation at one of the universities in my
> state, and he refused to do a thing.
> Jordan
>
> -----Original Message-----
> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
> Of Marion Gwizdala
> Sent: Wednesday, December 08, 2010 8:43 AM
> To: NAGDU Mailing List, the National Association of Guide Dog Users
> Subject: Re: [nagdu] a couple questions
>
> Dan,
>    Actually, service animals are not mentioned in the Act itself. Title II
> (which applies to public entities) and Title III (which applies to private
> entities that provide public accommodations) refers to the entities
> requirements to "modify policies, practices, and procedures" to allow an
> individual with a disability the right to use "auxiliary aids and 
> services".
>
> A service animal is like a wheelchair, walker, or some other auxiliary aid
> or service.
>    The United States legal system is built on case law. the decisions of
> the Courts defines the law, not necessarily the written word. In the case 
> of
>
> Hawaii, the Court has determined that they are within their rights to 
> impose
>
> the rules they have established. Changing this case law will be up to a
> higher court with jurisdiction.
>
> fraternally yours,
> Marion Gwizdala
>
>
>
> ----- Original Message ----- 
> From: "Dan Weiner" <dcwein at dcwein.cnc.net>
> To: "'NAGDU Mailing List, the National Association of Guide Dog Users'"
> <nagdu at nfbnet.org>
> Sent: Wednesday, December 08, 2010 9:18 AM
> Subject: Re: [nagdu] a couple questions
>
>
>> What about Title III? If I'm not mistaken that's the one talking about
>> access for guide and service dogs?
>>
>> Dan W.
>>
>>
>>
>> -----Original Message-----
>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On 
>> Behalf
>> Of Marion Gwizdala
>> Sent: Wednesday, December 08, 2010 6:17 AM
>> To: NAGDU Mailing List, the National Association of Guide Dog Users
>> Subject: Re: [nagdu] a couple questions
>>
>> Jordan,
>>    Though I am not an attorney, I do not feel Hawaii's rules are contrary
>> to the ADA. Can you give us specific provisions of Hawaii's rules and
>> which
>> provision of the ADA you feel is violated by these rules?
>>
>> Fraternally yours,
>> Marion
>>
>>
>> ----- Original Message -----
>> From: "Jordan Gallacher" <jgallacher1987 at gmail.com>
>> To: "'NAGDU Mailing List, the National Association of Guide Dog Users'"
>> <nagdu at nfbnet.org>
>> Sent: Tuesday, December 07, 2010 2:11 PM
>> Subject: Re: [nagdu] a couple questions
>>
>>
>>> Well, I agree with Dan completely.  Let me reiterate that we have every
>>> right to freely travel to any state without needing to go through the
>>> process.  HI is subject to the same federal laws as all the other 
>>> states,
>>> and HI is acting like it is a foreign country.
>>> Jordan
>>>
>>> -----Original Message-----
>>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On
>>> Behalf
>>> Of Meghan Whalen
>>> Sent: Tuesday, December 07, 2010 9:02 AM
>>> To: NAGDU Mailing List,the National Association of Guide Dog Users
>>> Subject: Re: [nagdu] a couple questions
>>>
>>> This is the last thing I will say, because there is definitely a
>>> communication/reasoning ap between us, but, maybe we should be able to,
>>> but
>>> we need to respect and value the fact that HI is free of fleas and
>>> rabies,
>>> and we should be willing to do our small part to make sure it stays that
>>> way.  You are welcome to your opinion, and I am welcome to mine.  I
>>> respect
>>> but do not agree with yours.
>>>
>>> Meghan
>>>
>>>
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