[nagdu] Resolution Concerning Service Animals

[cheryl echevarria]

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----- Original Message ----- 
From: "Marion Gwizdala" <blind411 at verizon.net>
To: "NAGDU List" <nagdu at nfbnet.org>; "FLAGDU List" <FLAGDU at NFBNET.ORG>
Sent: Tuesday, June 29, 2010 8:49 PM
Subject: [nagdu] Resolution Concerning Service Animals


Dear All,
    Pasted below and attached to this message is a resolution we will 
present at the 2010 annual meeting of the National Association of Guide Dog 
Users and to the general assembly. Please take the time to read this 
resolution and ask any questions you may have. The membership will be asked 
to vote on endorsing this resolution before it is presented to the entire 
convention.

fraternally yours,
Marion Gwizdala, President
National Association of Guide Dog Users
National Federation of the Blind
813-626-2789
Blind411 at Verizon.net



RESOLUTION 2010-XX

Regarding Civil Rights Protection of Blind Persons

and Their Service Animals in Public Accommodations

Proponent: Marion Gwizdala





WHEREAS, the purpose of the National Federation of the Blind is "the removal 
of the legal, social, and economic barriers faced by the blind" so that we 
will achieve "full integration into society on terms of equality"; and



WHEREAS, discrimination by places of public accommodation is one of the 
barriers faced by the blind, especially among those who choose to use a 
guide dog as their mobility tool; and



WHEREAS, state laws vary in the protection from discrimination that they 
offer to their blind citizens; and



WHEREAS, the Americans with Disabilities Act (ADA) prohibits discrimination 
on the basis of disability in public accommodations and offers greater 
protection against discrimination than many state laws; and



WHEREAS, many states have laws that contain provisions that are incongruent 
with the ADA, such as requirements that service animals must wear specific 
gear, provisions for muzzling, requirements for documentation, language 
concerning certifications that do not exist, and prohibitions of service 
animals in zoos, all of which are considered discriminatory under the ADA; 
and



WHEREAS, although the ADA has been in existence for twenty years, many 
states have not bothered to change their laws to conform with the ADA; and



WHEREAS, a large majority of states provide criminal penalties for 
discrimination on the basis of disability, allowing law enforcement to 
intervene, generally resulting in an immediate resolution of such access 
issues, while providing appropriate penalties for more serious infractions; 
and



WHEREAS, criminal penalties allow for a more expeditious resolution of such 
access issues (benefiting the disabled community, in general, and society as 
a whole) by addressing discrimination at the local level, while relieving 
individuals from the burden of costly litigation and prolonged civil 
processes:  Now, therefore,



BE IT RESOLVED by the National Federation of the Blind in Convention 
assembled this seventh day of July, 2010, in the city of Dallas, Texas, that 
this organization call upon state legislatures to examine their statutes for 
parity with the ADA, removing provisions that are not in conformity with 
this Federal law; and



BE IT FURTHER RESOLVED that this organization call upon the remaining states 
that do not provide criminal penalties for discrimination against blind 
guide dog users to more effectively promote and protect the equal rights of 
their blind citizens by creating criminal penalties for acts of 
discrimination; and



BE IT FURTHER RESOLVED that this organization urge all states to protect the 
civil rights of the blind by vigorous enforcement of the law.