[nagdu] Legislative Consideration

Sun Jan 17 03:26:29 UTC 2010

It's easy enough for states and the government to ad a line of text on an 
official "id" that lets people know that the driver of a car must be wearing 
glasses while driving, could something similar be done with disabilities ? 
Not certifying that any particular animal is certified as a service animal, 
but that the person using the animal has the right to use a service animal? 
Somewhat like a license to use a service animal?
----- 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 8:08 PM
Subject: Re: [nagdu] Legislative Consideration


>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
>> >> >>
>> >> >>
>> >> >>
>> >> >>
>> >> >>
>> >> >>
>> >> >>
>> >> >>
>> >> >> _______________________________________________
>> >> >> nagdu mailing list
>> >> >> nagdu at nfbnet.org
>> >> >> http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>> >> >> To unsubscribe, change your list options or get your account info 
>> >> >> for
>> >> >> nagdu:
>> >> >> http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/flmom2006%40gmail.com
>> >> >
>> >> >
>> >> > _______________________________________________
>> >> > nagdu mailing list
>> >> > nagdu at nfbnet.org
>> >> > http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>> >> > To unsubscribe, change your list options or get your account info 
>> >> > for
>> >> > nagdu:
>> >> > http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/ntorcolini%40wavecable.com
>> >>
>> >>
>> >> _______________________________________________
>> >> nagdu mailing list
>> >> nagdu at nfbnet.org
>> >> http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>> >> To unsubscribe, change your list options or get your account info for
>> >> nagdu:
>> >> http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/cherylandmaxx%40hotmail.com
>> >>
>> >
>> > _______________________________________________
>> > nagdu mailing list
>> > nagdu at nfbnet.org
>> > http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>> > To unsubscribe, change your list options or get your account info for
>> > nagdu:
>> > http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/julielj%40windstream.net
>> >
>>
>>
>>
>> _______________________________________________
>> nagdu mailing list
>> nagdu at nfbnet.org
>> http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>> To unsubscribe, change your list options or get your account info for 
>> nagdu:
>> http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/cherylandmaxx%40hotmail.com
>>
>
> _______________________________________________
> nagdu mailing list
> nagdu at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for 
> nagdu:
> http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/bryanbrown%40solarus.biz
>