[nagdu] Legislative Consideration

[Tamara Smith-Kinney]

Wow!  Poor Merry!  I'm glad she stood up for herself.  And knew whom to
call!  /grin/

Overall, I'm in favor of making passing off a pet as a service animal --
especially if it injuries someone or causes damages -- a criminal offense.

My only concern is the thought of having it turned around on me (or anyone
else) so I get hauled into court to prove I'm really blind!  I don't' know
how much possibility there would be of that sort of scenario.

Anyway, those are my thoughts, and they are worth the paper they're printed
on!  /grin/

Tami Smith-Kinney

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Marion & Martin
Sent: Saturday, January 16, 2010 8:11 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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