[nagdu] Legislative Consideration

Sun Jan 17 18:18:18 UTC 2010

Marion,

I could fake one up on my computer and print it out!  /grin/

So could anyone else with a computer and printer.

  I'm just to lazy and can't be bothered to waste the ink and card stock.
/smile/  Also, I don't need one!

Tami Smith-Kinney

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Marion & Martin
Sent: Sunday, January 17, 2010 6:58 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Legislative Consideration

Cheryl,
    If someone chooses to use the I.D. card, that is there choice; however, 
the guidance from the DOJ specifically asserts that no such documentation 
can be required as a condition of access. Some of us carry such cards and 
some of us do not: some of us have such cards and some of us do not! Do 
Julie, Tami, and the other owner trainers have the same protections as those

of us from programs? Where would one of them get such a card?

Fraternally yours,
Marion

----- 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 3:53 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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