[nagdu] Resolution Concerning Service Animals

Julie J julielj at windstream.net
Wed Jun 30 12:13:09 UTC 2010


I'm understanding from the resolution that:
1. state laws are not always in line with the ADA and we should work to fix 
that
and
2. adding criminal penalties for access denials in each state would be 
helpful

I'm not good at lawyer speak.  Did I get it correct?  If so, is there some 
model law or example to be used as a starting point to change individual 
states laws?

Julie

----- Original Message ----- 
From: "Michael Hingson" <info at michaelhingson.com>
To: "'NAGDU Mailing List,the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Tuesday, June 29, 2010 9:58 PM
Subject: Re: [nagdu] Resolution Concerning Service Animals


The Resolutions Committee has looked at it and assisted with its final
verbiage.  The committee members are in the loop.


The Michael Hingson Group, INC.
"Speaking with Vision"
Michael Hingson, President
(415) 827-4084
info at michaelhingson.com
www.michaelhingson.com


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-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Wayne Merritt
Sent: Tuesday, June 29, 2010 7:14 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Resolution Concerning Service Animals

I don't know much about the regulations regarding resolutions, but I'm
pretty sure that it will have to be presented to the Resolutions
Committee and receive a majority vote there before it can be
considered by the convention as a whole on Wednesday. I don't think
that it can be presented if it skips the Resolutions Committee, there
may be a way but there's where my knowledge of such things ends. In
any case, I'm pretty sure that resolutions that skip the committee
don't usually make it to the convention floor, but then again there
have probably been situations where it has happened. If any of that
makes sense, grin.

Wayne

On 6/29/10, Margo and Arrow <margo.downey at verizon.net> wrote:
> Marion, I like the resolution and will vote for it.
>
> I have a procedural question, however. Does this resolution have to come
> before the Resolutions committee on sunday?  I assume it does.  Should
some
> of us attend that meeting to speak to it?  also, how do we know when it'll
> come before the general convention body?  I'm leaving a day early and hope
> it gets presented before I have to leave.
>
> Margo and Arrow
> ----- 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.
>>
>
>
>
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----
>
>
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