[nagdu] Legislative Consideration

Nicole B. Torcolini ntorcolini at wavecable.com
Sun Jan 17 05:02:45 UTC 2010


That's a whole new can of worms.  Every time you "certify" something, you 
have to come up with guidelines and definitions.

----- Original Message ----- 
From: "Bryan Brown" <bryanbrown at solarus.biz>
To: "NAGDU Mailing List,the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Saturday, January 16, 2010 7:26 PM
Subject: Re: [nagdu] Legislative Consideration


> 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
>>> >> >>
>>> >> >>
>>> >> >>
>>> >> >>
>>> >> >>
>>> >> >>
>>> >> >>
>>> >> >>
>>> >> >> _______________________________________________
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>>> >> >
>>> >> >
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>>> >>
>>> >>
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>>>
>>>
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>>
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