[nagdu] Legislative Consideration

cheryl echevarria cherylandmaxx at hotmail.com
Sun Jan 17 02:08:14 UTC 2010


I know, just some ideas.


Cheryl Echevarria
Independent Contractor
www.Echevarriatravel.com
1-866-580-5574
Reservations at echevarriatravel.com
Affiliated as an Independent Contractor with Montrose Travel CST-1018299-10


----- Original Message ----- 
From: "Julie J" <julielj at windstream.net>
To: "NAGDU Mailing List,the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Saturday, January 16, 2010 6:09 PM
Subject: Re: [nagdu] Legislative Consideration


> Cheryl,
>
> There are a few problems with what you are proposing with just showing the
> ID that the school gave you.
> 1. the Department of Justice guidance on the ADA is very clear that no ID 
> is
> required
> 2. that ID you have isn't any sort of official document
> 3. anyone with even the most basic computer skills could make an ID
> 4. the ID doesn't guarantee that  the animal is well behaved, groomed  or
> under the handler's control
> 5. under the federal ADA it is illegal for a business to insist that a
> handler show ID, making showing ID a state law would just cause a lot of
> expense in legal fees associated with the state having to undo the mess 
> they
> created.  State laws cannot be more restrictive than the federal law.
>
> Just some things to think about.
> Julie
>
> ----- Original Message ----- 
> From: "cheryl echevarria" <cherylandmaxx at hotmail.com>
> To: "NAGDU Mailing List,the National Association of Guide Dog Users"
> <nagdu at nfbnet.org>
> Sent: Saturday, January 16, 2010 2:53 PM
> Subject: Re: [nagdu] Legislative Consideration
>
>
> > Well if someone impersonates you it is against the law, if it is us, and
> > someone asks for an I.D. such as the one we get from the schools then
> > there is no problem, I don't mind using my  card that is given to me by
> > the schools to show proof, if some one has a service animal they should
> > have a card to prove it.
> >
> > Isn't that proof enough, I know some people don't like the idea of a 
> > card,
> > but then again, the schools give them to us shouldn't we use them.\
> >
> > Cheryl Echevarria
> > Independent Contractor
> > www.Echevarriatravel.com
> > 1-866-580-5574
> > Reservations at echevarriatravel.com
> > Affiliated as an Independent Contractor with Montrose Travel
> > CST-1018299-10
> >
> >
> > ----- Original Message ----- 
> > From: "Nicole B. Torcolini" <ntorcolini at wavecable.com>
> > To: "NAGDU Mailing List,the National Association of Guide Dog Users"
> > <nagdu at nfbnet.org>
> > Sent: Saturday, January 16, 2010 3:09 PM
> > Subject: Re: [nagdu] Legislative Consideration
> >
> >
> >> 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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> >> >> for
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> >> >> http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/flmom2006%40gmail.com
> >> >
> >> >
> >> > _______________________________________________
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> >>
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