[nagdu] Legislative Consideration

Sun Jan 17 22:50:44 UTC 2010

Peter,
    I am not sure what you mean by this message. I will check it out, but we 
have not removed the summaries from the website. If there are some that are 
not accessible, it is probably due to a improper link. Please let us know 
which ones are not working so we can get this fixed.

Fraternally yours,
Marion


----- Original Message ----- 
From: "Peter Donahue" <pdonahue1 at sbcglobal.net>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Sunday, January 17, 2010 12:35 PM
Subject: Re: [nagdu] Legislative Consideration


> Hello Marion and everyone,
>
>    If the law summaries were left on the division's Web site until they
> could be replaced with copies of actual statutes you would have had some 
> of
> them. New Hampshire has such a statute. It imposes penalties against those
> that fraudulently pass off pets as guide dogs. Sorry guys but I feared 
> that
> the removal of the state law summaries would come back to haunt us one day
> and it looks like  it did. They should have been left on the site until 
> they
> could be replaced with complete language of each state law. Again sorry to
> get up on the wrong side of the bed. All the best for a great weekend.
>
> Peter Donahue
>
> ----- Original Message ----- 
> From: "Marion & Martin" <swampfox1833 at verizon.net>
> To: "NAGDU Mailing List, the National Association of Guide Dog Users"
> <nagdu at nfbnet.org>
> Sent: Sunday, January 17, 2010 8:33 AM
> Subject: Re: [nagdu] Legislative Consideration
>
>
> Peter,
>    When you say that "several other white Cane Laws have such a 
> provision",
> are you referring to the violation for carrying a white cane or for
> fraudulently passing off a service animal? If the latter, do you have
> citations for this? If so, it would certainly help our efforts.
>
> Fraternally yours,
> Marion
>
>
> ----- Original Message ----- 
> From: "Peter Donahue" <pdonahue1 at sbcglobal.net>
> To: "NAGDU Mailing List, the National Association of Guide Dog Users"
> <nagdu at nfbnet.org>
> Sent: Saturday, January 16, 2010 12:44 PM
> Subject: Re: [nagdu] Legislative Consideration
>
>
>> Hello Marion and listers,
>>
>> Several other state white cane laws all ready have such a provision.
>> Go for it.
>> Peter Donahue
>>
>> ----- 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 10:10 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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