[nagdu] Re NAGDU resolution and guide dogs at zoos

[Cathryn Bonnette]

Elizabeth and all,

Last time I checked, rational basis was the standard of review when
disability is the basis for a civil rights violation. That means, if I
understand correctly, that any plausible rational basis that justifies the
alleged discrimination will win in court. If a zoo management can explain a
need to exclude service animals including guide dogs from a zoo, (I can
think of multiple possibilities to add to those previously mentioned) the
zoo management wins. 

It seems important to avoid this type of claim from going to court for such
an adverse ruling. Credibility is sufficiently problematic in the blind
community without this particular set back. Meanwhile there are pressing
issues such as decreasing numbers of blind persons in federal employment in
a poor economy etc.

Does this make any sense?

Thanks for listening.

Cathryn (& Abby)
-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
of Elizabeth Rene
Sent: Wednesday, June 30, 2010 3:14 PM
To: nagdu at nfbnet.org
Subject: [nagdu] Re NAGDU resolution and guide dogs at zoos

Michael and Rebecca, your points about red herrings and individual 
discretion are well taken.

But I raise my own point because our resolution supports the criminalization

of activity that might have a rational basis other than discrimination.

As a former prosecuting attorney, and one with a guide dog, I've learned to 
be careful about when criminal sanctions should be invoked.  I also believe 
in filing charges and going to the matt for a conviction when needful.

Very few, if any, rights are absolute, and just about every right carries 
responsibility.  I believe that when we engage the life of another being in 
the pursuit of our right to independence, then we have a corresponding 
responsibility to protect that life, and to uphold laws that honor its 
quality and dignity.

No human is an island.

Elizabeth



_______________________________________________
nagdu mailing list
nagdu at nfbnet.org
http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
To unsubscribe, change your list options or get your account info for nagdu:
http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/cathrynisfinally%40ve
rizon.net
No virus found in this incoming message.
Checked by AVG - www.avg.com 
Version: 8.5.439 / Virus Database: 271.1.1/2972 - Release Date: 06/30/10
06:36:00