[nagdu] EXTERNAL:Re: EXTERNAL: Reasonable Accommodation?

Tue Sep 7 17:39:24 UTC 2010

Tami, 
I must be dense today. Get a lawyer if you need to get a contractual
obligation fulfilled and that hasn't been done. If you had a contract
saying that x y and z would happen, the reason shouldn't matter. If x y
and z didn't happen, make it happen.
I'm sorry, I'm just not getting the problems you're having. 

From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On
Behalf Of Tamara Smith-Kinney
Sent: Tuesday, September 07, 2010 1:21 PM
To: 'NAGDU Mailing List,the National Association of Guide Dog Users'
Subject: EXTERNAL:Re: [nagdu] EXTERNAL: Reasonable Accommodation?

Rebecca,

It's pretty much not blindness related, except that it affects me and my
guide dog.  Only attempting to handle things as I did when I was sighted
now
yields odd results which do seem to indicate that the other party -- or
whoever I approach for information of even advocacy -- makes it about
blindness nad guide dogs and thus won't talk to me anymore.  Since when
I
was sighted, the same approach and presentation to stuff yielded
positive
results, it does seem that the response I get that is different must
have
something to do with their reaction to my blindness...  Even if whatever
it
is has nothing to do with it...  This is especially true if whatever it
is
involves their not meeting their responsibilities in some way...  Well,
when
I get that attitude over small stuff, it's no big because I can just
deal
and feel a bit grumpy about the extra time and effort I need to spend
because someone else is being irresponsible and stupid.  I hardly notice
these days and just treat them like humans while I educate and go about
my
business.

But with big stuff that affects me profoundly on a daily basis, as this
does, I can spend a lot of time searching and writing and calling for
information and checking with this advocacy group or that...  Well,
advocacy
on any issue around here involves answering a hotline number (or calling
back when they get to your message days or weeks later) to give you
another
number, where you can get another number....  In comparing notes with
others
(the phone call trail gets long and I know several people who have
stubbornly followed the treasure hunt into the double digits of phone
calls
and referrals), the only difference I have experienced is that they
suggest
I call the Oregon Commission for the Blind and Guide Dogs for the
Blind...
>From many of these voices on the other end of the line, the clear
implication appears to be that the phone calls themselves will solve my
problem.  I've tried writing letters to other agencies and officials
about
the bad behavior of the Oregon Commission for the Blind, and they get
back
to me telling me I should call Oregon Commission for the Blind if I have
a
problem realating to blindness, so I begin to feel there's something
wrong
somewhere.  /grim smile/

So anyway, in the real world according to real laws and real common
sense
and even real rules of basic courtesy and good behavior, you are
absolutely,
positively correct.

The problem is that I keep finding out that my blindness seems to have
caused a startling number of other people to behave according to the
rules
and customs of some alternate reality that I don't like and would rather
not
visit...  Very strange, and difficult to actually figure out since I had
originally thought I was still living in 21st century America and all
just
like I used to when I was not blind...  Figuring it out makes me batty
sometimes, especially when whatever it is affects my ability to just
live my
life...  

So maybe that's what you're missing?  You look at the situation with
logic
and knowledge and an understanding of the issues and the laws.  In this
case, none of those things apply on the other end, so a perfectly
logical,
reasonable and even illegal situation makes no sense...  Sigh.  Well,
I'm
figuring out what to do bit by bit.

Tami Smith-Kinney

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On
Behalf
Of Pickrell, Rebecca M (TASC)
Sent: Tuesday, September 07, 2010 8:46 AM
To: NAGDU Mailing List,the National Association of Guide Dog Users
Subject: Re: [nagdu] EXTERNAL: Reasonable Accommodation?

Tami, 
If you had a contract and it didn't get fulfilled, handle it the way you
did when you were sighted. 
Not sure why this is a blindness issue. 
Our yard has a bunch of trees. They've never been a problem, save for
the mean one that took out the swing set. And this folks, is why home
owners' insurance is a good idea. They do have renter's insurance too. 
I'm not real sure why this issue is blindness related? What amI missing?

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On
Behalf Of Tamara Smith-Kinney
Sent: Saturday, September 04, 2010 8:32 PM
To: 'NAGDU Mailing List,the National Association of Guide Dog Users'
Subject: EXTERNAL:[nagdu] Reasonable Accommodation?

Er...  Is there a secret key to requesting reasonable accommodation
under
the FHA (we're talking a single rule in this case)?

In other words, can I just write a quick letter saying I need to do X
with
my dog so I am requesting ye olde reasonable accommodation?  And that's
that?

Er...  Um...  What if the reason I need reasonable accommodation in this
case is because the people I'm requesting it from have not met their
legal
and contractual responsbilities when it comes to the safety of the land
we
rent from them for the home we own...

This is Oregon, BTW.  Dealing with it directly by, say, hiring an
attorney
and stuff like that is not, as near as anyone I know has ever
discovered,
will not happen.  Some of the people I know and have discussed such
matters
with are working feverishly to do something about Oregon landlord/tenant
law
while trying to provide advocacy for tenants, but the problem is so
hopeless
and so overwhelming that they just come out and tell you that the best
they
can do is to give you a list of numbers to call but that nobody at the
other
end of those numbers will do a dange thing.

So...  We fenced off our backyard, after getting proper approval and
such
when we purchased the house, and they promised they would fix the back
yard
so it was safe to walk around on and ready for us to landscape.  This
would
required heavy equipment and the like but they would get it in and do it
before we moved in.  Also, of course, they would get the trees removed,
since they create a safety hazard for me especially and since we
included
the removal of those trees in our purchase contract.  We purchased the
home
from the landowners we rent the lot from.

Anyway, a year and a half later, and I still cannot exercise with the
dogs
in the backyard.  So I need reasonable accommodation to do so with Mitzi
in
my front yard, which is safe for both of us, except for no fence between
us
and the street.  Side street, limited traffic, most of it slow, but
still!
Mitzi is off leash and boundary trained -- although she will still push
the
envelope a bit on the boundaries, then turn around and run back.  At the
age
of 4, she's got it down to 4 feet (hers, as opposed to one toe) over the
line, and then hardly ever.  So it's our safest option to get the
exercise
we both need without having to risk death going to a dog park, since
they
are now belatedly upgrading the infrastructure out here to accommodate
the
population, so it's crazy out there.  /smile/

Anyway, I'm feeling quite lost in it all because as far as the park
manger
(the one who is supposed to be getting the work done) is concerned, I am
breaking a rule by playing with my dog in my own front yard, which he
translates as letting her run loose around the entire park.  Er...  I
did
attempt to discuss the situation, and DD has done so as well, but they
called the Oregon Commission for the Blind about it...  And I think GDB,
too, though I can't remember for sure.  I thought I made it clear it had
nothing to do with my blindness or Mitzi's work as a guide dog, beyond
the
added value of her training, which they are crazy to think I will
endanger
just willy nilly...  

There is also, apparently, an issue with Mitzi's being off-leash in the
front yard because of Daisy.  Who has nothing to do with it and is
*never*
off leash anywhere except in the house, the back yard or the car.
Nevertheless, last I heard, my playing/training/exercising my poodle in
my
own front yard is a terrible, terrible problem and danger because we
can't
have Daisy loose out there.

I will remind you, I live in Oregon.  There is not a dang thing I can do
or
anyone to call or write on the state level who will do anything or even
record the call or put my letter in a file ... Very much the same as
with
OCB.   Well, since I'm blind and my dog also happens to be a guide dog
when
she's working, I can get referred to the OCB or to GDB...  /lol/  Even
when
it's clearly not a blindness or guide dog related issue.  And even if it
was, my dog is not from GDB, so...  I can't quite figure out how they
come
into it, except that they happen to be there and I happen to have a
guide
dog.  /lol/

I've been asking around here and there to see if maybe some randome
person
will know something I don't that will make the way things are around
here
make sense...More than one such random human has suggested I call OCB
and
GDB, seeming quite assured that that will take care of everything...
OCB is
militant in protecting information relating to blindness or blindness
issues, although a sighted person can't be expected to know that, I
guess.

As for GDB...  Have I been living this close to them all this time
without
ever catching on that they're actually Hogwarts?  /lol/  Even if I did
call
them about the issue, why would they possibley care?  Or why would they
assume that I am not a crackpot myself, on the basis that I have called
them
out of the blue about an issue that has nothing to do with them or one
of
their dogs or anything, with the expectation that they will fix it?

Now that I have attempted to ask the question and try to outline the
situation, I am feeling like a crazy crackpot, so I guess I'll have my
guide
dog take me to the store and hope we live to tell the tale...  It's not
the
traffic on Farmington that's the problem, I have decided.  It's the
people
driving the traffic...  Also since there is nowhere to walk but the bike
lane most of the way, and since drivers assume the bike lane is there
for
them to pass on...  Whaddaya do? /smile/

Tami Smith-Kinney

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On
Behalf
Of Sherri
Sent: Friday, September 03, 2010 7:12 PM
To: NAGDU Mailing List,the National Association of Guide Dog Users
Subject: Re: [nagdu] harness pouch

Thank you. That's where mine came from too, however, it is worn out. 
Perhaps a harness pouch with the NFB logo and a picture of a dog or 
something like that would be a good item that NAGDU could sell for 
fund-raising as well.

----- Original Message ----- 
From: "Charlene Ota" <caota at hawaii.rr.com>
To: "'NAGDU Mailing List,the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Friday, September 03, 2010 10:01 PM
Subject: [nagdu] harness pouch

> Sherri, just to let you know, I found out that the harness pouch that
I 
> was
> given is actually the sign that says something like "Don't pet working

> dog"
> and it was purchased from Guide Dogs Incorporated for $20. The sign is
a
> small pouch that fits over the harness with two straps. The pouch has 
> GDUI's
> logo on it but I don't think the sign does and thsign is basically a
small
> pouch in itself and has room enough for pooh bags and maybe a foldable

> water
> bowl or things like that.
>
> That's about all I know. I'm not sure where else to get harness pouchs
or
> signs like it.
> _______________________________________________
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>
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