[nagdu] Up date on PA HB 123

Thu Jul 1 17:07:52 UTC 2010

Passel,
    This provision establishes criminal intent. No crime is committed unless 
the perpetrator has criminal intent. This is one of the reasons I always 
tell people that, when they are denied access to a place of public 
accommodation the very first thing one should say is "I am disabled; this is 
my service animal." Once this fact has been established, such a denial is 
then done with intent.
    We had a case in Florida in which a taxicab driver denied access to a 
blind person with her guide dog. The case was thrown out because the blind 
person admitted that she had not told the driver she was blind and the dog 
was her service animal. The driver contended that he did not know this fact 
and his attorney argued there was no criminal intent. Without knowing he was 
denying access to a disabled person with a service animal, how could he have 
intentionally violated her civil rights?

Fraternally yours,
Marion Gwizdala


----- Original Message ----- 
From: "Passle Helminski" <passle at roadrunner.com>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Wednesday, June 30, 2010 10:51 PM
Subject: Re: [nagdu] Up date on PA HB 123


> Hi Ginger,
>
> You are right.  I am not happy with the Senate amendment but it has to go 
> back to the House before it becomes law. I may not be law this time as you 
> know it is never a done deal.  I will not stop until we have a law in PA.
>
> Thanks Ginger.
> Passle
>
>
>
>>Passle & all,
>>
>>The original language as introduced read:
>>(2.2)  (i)  A person commits a misdemeanor of the second degree
>>if he is the owner or co-owner of a dog that kills, maims or
>>disfigures a guide dog of an individual who is blind, a hearing
>>dog of an individual who is deaf or audibly impaired or a service
>>dog of an individual who is physically limited without
>>provocation by the guide, hearing or service dog or the
>>individual.
>>
>>The new amendment adds the following language to the above:
>>(ii)  A person commits an offense under this paragraph only if
>>the person knew or should have known that the dog he owns or
>>co-owns had a propensity to attack human beings or domestic
>>animals without provocation.
>>
>>Adding knowledge as an attendant circumstance substantially
>>waters down this bill but as you and Marion have pointed out,
>>getting anything in Pennsylvania's criminal code is in itself a
>>huge step. Kudos to you and all others who've worked so hard to
>>secure increased protection for your dogs.
>>
>>Best,
>>
>>Ginger
>>
>>
>>-----Original Message-----
>>From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org]
>>On Behalf Of Passle Helminski
>>Sent: Tuesday, June 29, 2010 10:05 PM
>>To: NAGDU Mailing List,the National Association of Guide Dog
>>Users
>>Subject: Re: [nagdu] Up date on PA HB 123
>>
>>Hi Marion,
>>
>>You are so right. That is what I have been telling folks for
>>years.
>>No Bill is perfect that why we have amendments.  Just getting a
>>Bill in our Criminal Code on the books has taken more than 8
>>years and it may take more than 8 more years but we will get it
>>done.  There are too many dogs, trainers and schools that need
>>this Bill to happen.
>>
>>Artfully yours,
>>
>>Passle, Kate and Ariel
>>
>>>Passel,
>>>     What is most important in these things is to get something
>>passed,
>>>even if it is not everything we want. Later, we can go back and
>>amend
>>>it further. Please let us know what the amendment is, though!
>>>
>>>Fraternally yours,
>>>Marion
>>>
>>>----- Original Message ----- From: "Passle Helminski"
>>><passle at roadrunner.com>
>>>To: <nagdu at nfbnet.org>
>>>Sent: Tuesday, June 29, 2010 4:02 PM
>>>Subject: [nagdu] Up date on PA HB 123
>>>
>>>>   >
>>>>>>
>>>>>>Hi,
>>>>>
>>>>>
>>>>>>   The bill has been amended in
>>>>>>Judiciary, and the amendment is not posted to the computer
>>screen
>>>>>>yet, so I have no idea what it contains.  However, the vote
>>was 14-0
>>>>>>to report the amended bill to the floor.
>>>>>>
>>>>>>   I hope to be able to find out more about the amendment
>>tomorrow.
>>>>>>I got the
>>>>>>impression that it was to make the language accord with
>>existing
>>>>>>Crimes Code provisions - so that lawyers could not throw out
>>cases
>>>>>>on technicality.
>>>>>>
>>>>>>-Passle
>>>>>>
>>>>
>>>>
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>>>
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