[nagdu] Legislative Consideration

Sat Jan 16 20:09:58 UTC 2010

I actually think that a different angle should be taken on this.  Why was 
attention drawn to the dog in the first place?  Because it bit the driver. 
If it had not bitten the driver, it is possible that no question would have 
been raised.  I think there needs to be more of a penalty on misbehaving 
dogs rather than passing off a dog as a service animal.  Regardless of 
whether or not a dog is a service animal, if it goes around biting people 
and dogs, then it should not be allowed in public.

----- Original Message ----- 
From: "Sherri" <flmom2006 at gmail.com>
To: "NAGDU Mailing List,the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Saturday, January 16, 2010 11:06 AM
Subject: Re: [nagdu] Legislative Consideration

> Marion and list,
>
> I think this is an excellent idea! The ADA had gotten so watered down with 
> acceptance of every kind of dog you can think of as a service animal that 
> there has to be some penalty for those who pretend that their animal is a 
> service dog. I will help in whatever way I can. I feel bad that Merry had 
> such a problem on the bus, but it is problems like this that cause change. 
> Think of Rosa Parks!
> Sherri
> ----- 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: [nagdu] 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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