[nagdu] Legislative Consideration

[Marion & Martin]

Susan,
    I believe that the presence of one makes the passage of the other 
easier; however, I do not believe we could use the one to enforce the other, 
as the language is very specific.

Fraternally yours,
Marion


----- Original Message ----- 
From: "Susan Jones" <sblanjones11 at sbcglobal.net>
To: "'NAGDU Mailing List, the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Saturday, January 16, 2010 12:00 PM
Subject: Re: [nagdu] Legislative Consideration


>I think, if you can prosecute someone for passing a white cane off as a
> fraud, you sure should be able to prosecute someone for passing an animal
> off as a service animal that is not.
> JMHO.
> Susan
>
>
> -----Original Message-----
> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
> Of Marion & Martin
> Sent: Saturday, January 16, 2010 11:11 AM
> To: FLAGDU List
> Cc: NYAGDU List; NAGDU List
> 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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