[nagdu] Jordan: My Reply to Your Assertions

Marion Gwizdala blind411 at verizon.net
Fri Dec 10 15:00:31 UTC 2010


Jordan,
    I will send you our exchanges off-list.

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 1:03 PM
Subject: Re: [nagdu] Jordan: My Reply to Your Assertions


> You apparently missed the part that stated that I was completely enrolled
> and would be attending as of January 2010.  Well, I did not attend there
> because of that issue and noone, TSE included would deal with it.  GDB 
> came
> through and delt with it when I brought it to their attention.
> 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 10:07 AM
> To: NAGDU Mailing List, the National Association of Guide Dog Users
> Subject: [nagdu] Jordan: My Reply to Your Assertions
>
> 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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