[nagdu] Going to Jail

Sun Oct 17 00:26:31 UTC 2010

Steve,
    How do you perceive the presence of a guide dog would fundamentally 
alter the nature of the goods or services offered by a prison? My thoughts 
are that they generally allow visitors under certain circumstances, such as 
for educational purposes, which is the case with Marsha. If they allow such 
visitors and Marsha met the guidelines for a visitor, would it not be 
discriminatory to tell her that she cannot be accompanied by her service 
animal? It seems as if the presence of visitors does not Fundamentally 
modify the nature of the services provided, how does a service animal? I 
feel they cannot claim a fundamental alteration nor that the presence of the 
service animal poses a direct threat to the health or safety of others that 
cannot be eliminated by a reasonable modification of policies, practices, 
and procedures. Would they disallow other forms of auxiliary aids, such as a 
cane, walker, or wheelchair?

Fraternally yours,
Marion


----- Original Message ----- 
From: "Steve Johnson" <stevencjohnson at centurytel.net>
To: "'NAGDU Mailing List, the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Saturday, October 16, 2010 5:55 PM
Subject: Re: [nagdu] Going to Jail


>I would assume that the fundamental alteration clause under the ADA2/504 
>has
> a strong possibility of kicking in here.
> JMT
> Steve
>
>
> -----Original Message-----
> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
> Of Marion Gwizdala
> Sent: Saturday, October 16, 2010 11:09 AM
> To: NAGDU Mailing List, the National Association of Guide Dog Users
> Subject: Re: [nagdu] Going to Jail
>
> Marsha,
>    We do not know that there is no legal precedence on this. Let's see 
> what
> some research deals us! When is the trip? would you like to be part of the
> legal precedence?
>
> Fraternally yours,
> Marion
>
>
> if there is
> ----- Original Message -----
> From: "Marsha Drenth" <marsha.drenth at gmail.com>
> To: "'NAGDU Mailing List, the National Association of Guide Dog Users'"
> <nagdu at nfbnet.org>
> Sent: Saturday, October 16, 2010 10:54 AM
> Subject: Re: [nagdu] Going to Jail
>
>
>> Thank you everyone for the support. I know its only advice and moral 
>> help.
>
>> I
>> do wish there was a legal presidence to this, as then my disicion would
>> not
>> be as hard, and I would not be going through this. I will keep everyone
>> updated on what happens. If the prison does deny me, then I know I have a
>> case to go further with.
>>
>> Marsha
>>
>>
>>
>>
>>
>> -----Original Message-----
>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On 
>> Behalf
>> Of Tamara Smith-Kinney
>> Sent: Saturday, October 16, 2010 12:27 AM
>> To: 'NAGDU Mailing List,the National Association of Guide Dog Users'
>> Subject: Re: [nagdu] Going to Jail
>>
>> Marsha,
>>
>> Ugh!  Sounds like you're in a bind because law enforcement won't obey the
>> law...  I can only offer moral support!
>>
>> Sounds like an interesting project, though.  I hope you are able to do it
>> for the sake of your studies.
>>
>> It's still just awfuly that you're being put in such a position.
>>
>> Tami Smith-Kinney
>>
>> -----Original Message-----
>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On 
>> Behalf
>> Of Marsha Drenth
>> Sent: Friday, October 15, 2010 1:27 PM
>> To: 'NAGDU Mailing List,the National Association of Guide Dog Users'
>> Subject: Re: [nagdu] Going to Jail
>>
>> Wow, never did know that I would spark such a debate. So here is the
>> update.
>> The great news, my professor and my college is standing up for my rights
>> 100
>> percent. The sad thing is that the prison I will be visiting, I have been
>> told, will most likely not allow my dog. And in fact will go to the 
>> extent
>> of cancelling the whole trip. Now they won't admit that, I am the reason
>> they are cancelling the trip. Apparently the superintendent, does NOT 
>> care
>> about access or rights of anyone. This is a state ran prison, and even
>> though they are ruled by state laws, apparently they do not follow them 
>> by
>> any means. The college is leaving it up to me on what I want to go or 
>> not.
>
>> I
>> want to take my guide. I have classes the rest of the day after the trip,
>> and don't think I can manage to navigate the campus with her. Before
>> anyone
>> jumps on me, I have good cane skills, but my vertigo and hearing loss,
>> prevents me from orientating well. The disability office has said, if I 
>> do
>> not take my guide on the trip and then, come to class they will help me
>> around the campus.
>>
>> So my hands are tied, push to take her. And have the trip cancelled. Or
>> not
>> take her, use my cane, but let the prison get away with violating my
>> rights,
>> and not be able to get around my campus after the trip. I don't know how
>> far
>> to push this, I almost feel like retaining a lawyer. Would there be 
>> anyone
>> who I could call about this, maybe they could call the prison and 
>> advocate
>> for me?
>>
>> Thank you for all the responses. Glad this is become such a debate.
>>
>> For anyone interested, I chose to go on this trip for my political 
>> science
>> class. It's a requirement to go on 2 trips. I wanted to go to this 
>> prison,
>> not for the politicalness of it, but for the psychology. I am curious why
>> people commit crimes.
>>
>> Marsha
>>
>>
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