[nagdu] Access problems in San Diego
Marion Gwizdala
blind411 at verizon.net
Fri Jan 28 09:45:07 UTC 2011
Lyn,
Though it may be true that California has a very statute of limitations
for second degree misdemeanors, any such statute governs the time one has to
report the crime. From your messages, you reported the crime in a timely
manner, stopping the clock on the statute of limitations!. It was the
failure of law enforcement to investigate the offense in a timely manner and
there may not be any such limitations on that process. If I were you, I
would take your concerns to the office of the Chief of Police, asking that
the case be re-opened. If they refuse to do so, I would again go to the
place of business to see if they will now comply. After all, this is what
you want. If you have any questions, please feel free to give me a call.
Fraternally yours,
Marion Gwizdala, President
National Association of Guide Dog Users
National Federation of the Blind
813-626-2789
President at NAGDU.ORG
HTTP://NAGDU.ORG
----- Original Message -----
From: "Lyn Gwizdak" <linda.gwizdak at cox.net>
To: "NAGDU Mailing List, the National Association of Guide Dog Users"
<nagdu at nfbnet.org>
Sent: Thursday, January 27, 2011 12:49 PM
Subject: Re: [nagdu] Access problems in San Diego
> Hi everyone,
> Just an update about my access problem. I went to the police station near
> the Humane Society the other day. I talked with the police officer at the
> front desk - an avid dog lover! She just ADORED Landon and she gave me a
> little dog treat for Landon to have.
>
> Anyway, after greetings for Landon, she and I talked about my access
> problem that happened in December. She did tell me that it was too late
> to do anything about the December incident now. But, she did say if I
> wanted to try to access the business again - with a friend as a witness -
> I could do that again and then call the regular police number which is in
> my cell phone. She said that eventually, some officers would come and
> then let the access problem happen in front of the officer. If the guy in
> the store still said "No dog" or restated his earlier statement of, "I
> don't care" when I said that his actions were in violation of the law, if
> the officer hears this, the officer can issue a ticket which would mean a
> court date for the guy.
>
> So, when my friend and I have time, we will attempt to go into this
> store. I really don't care if I ever go into this store again - the
> Mexican restaurant next door is much more worthy of my money - but I want
> to make a point to the guy that denying access to people with service dogs
> isn't the thing to do. In the Mexican place, I can get a nice big cup of
> raspberry iced tea and a breakfast burrito!
>
> I'll keep ya'll posted when we test the guy again!
>
> Lyn and Landon
> ----- Original Message -----
> From: "Ann Edie" <annedie at nycap.rr.com>
> To: "NAGDU Mailing List,the National Association of Guide Dog Users"
> <nagdu at nfbnet.org>
> Sent: Wednesday, January 12, 2011 12:53 PM
> Subject: Re: [nagdu] Access problems in San Diego
>
>
>> Hi, Lyn,
>>
>> Speaking from my personal experience, if the local police will not put in
>> an appearance to let the business owner know that they are required under
>> the ADA to allow a person with a disability access to their business
>> accompanied by their service animal, then you have several options for
>> getting the problem solved:
>>
>> You can file a complaint with the US Department of Justice which is
>> charged with implementing this part of the ADA. Or, you can file a
>> complaint with your state's Human Rights Division which will eventually
>> hold a hearing to establish the facts of the case and then issue a ruling
>> as to whether discrimination did occur, and then help mediate some
>> remedy. Both of these methods take a lot of time to get results. And
>> either organization may decide that your little complaint will not
>> deliver enough bang for the buck, so to speak, and that they cannot spend
>> their very limited resources on such a little case.
>>
>> So you may decide to take more direct and personal action: that is, take
>> a couple of guide dog user friends with you for moral support and go to
>> the business and enter the business and proceed as usual, with the
>> expectation of receiving the same polite and considerate service as any
>> other members of the public. If the business owner shouts "No dogs!",
>> attempt to politely inform him/her of your rights under the ADA (if
>> he/she is able to listen and able to understand.) If the business owner
>> is not physically pushing you out the door or blocking your passage into
>> the store, then I would continue to enter and see if the business owner
>> will serve you despite their protestations about the dog(s). This tactic
>> has worked for me in some cases--I just pretend I didn't understand what
>> they are saying about the dog, like I can't understand their attempt at
>> speaking English, or maybe my disability includes deafness, or maybe I
>> have a cognitive impairment or something--but I just keep walking and
>> keep smiling, and sometimes they just decide that it is easier to serve
>> me and get it over with rather than continuing to cause a scene by
>> resisting.
>>
>> If you get in and they ignore you or refuse to serve you, then you can
>> call the police and see if the mere appearance of the police, or the
>> threat of their appearance, will be enough to cause the business owner to
>> give in. If the business is one which has any traffic at all, then the
>> sight of several citizens with disabilities and their service animals
>> standing in the entrance and the business owner trying to refuse them
>> service will surely be bad for business and cause the business owner to
>> think twice about persisting. If the police do arrive and refuse to
>> enforce the law, and I'm sure that California has State laws which
>> parallel the provisions of the ADA, then you can choose to leave
>> peacefully, or you can choose to stay. If you choose not to leave the
>> business, perhaps the police will arrest you and your friends for
>> disturbing the peace or something, which will give you a date in court
>> and a platform for gaining the attention of the local press and the
>> justice system.
>>
>> If you're up for a good fight, you could inform the local TV/media press
>> of the denial of access, and you could arrange to have press coverage of
>> another attempt by you and your friends to gain entry and service at the
>> business. Usually, once the situation is exposed to the light of public
>> scrutiny, the business owner "sees the light" pretty quickly. They
>> usually try to pass it off as a misunderstanding and swear that they
>> never meant to deny service to a person with a disability, but in any
>> case, the situation does get resolved, and sometimes they bend over
>> backward to try to make up for their mistaken policy.
>>
>> Oh, one other thing, if the business is one which prepares/serves food,
>> and they are using this as the excuse for refusing you entry with the
>> dog, saying that the Health Department won't allow dogs, you can call the
>> County Health Inspector's office and ask them to inform the business
>> owner that no health regulation requires the exclusion of persons with
>> disabilities accompanied by service animals from stores or restaurants
>> where food is displayed/prepared/served. In fact, the exception for
>> service animals is written into the health codes.
>>
>> Anyway, good luck, and I hope you can muster the good old activist spirit
>> of the 1960's civil rights era (and of the NFB), and get your civil
>> rights recognized and enforced!
>>
>> Best,
>> Ann
>>
>> ----- Original Message -----
>> From: "Lyn Gwizdak" <linda.gwizdak at cox.net>
>> To: "NFBnet NAGDU Mailing List,the National Association of Guide Dog
>> Users" <nagdu at nfbnet.org>
>> Sent: Wednesday, January 12, 2011 12:49 PM
>> Subject: [nagdu] Access problems in San Diego
>>
>>
>>> Marion,
>>> Below is a response my friend, Lisa, got from the police here when she
>>> asked them what recourse we had in response to an access denial in a
>>> business here.
>>>
>>> She emailed the officer on my behalf after I told her about an incident
>>> of denial of access in this guy's business because of my guide dog. the
>>> guy appeared to be Arab by his accent and he didn't care if he was
>>> violating the law - NO DOG. I called my City Councilmember. they gave
>>> me the number for San Diego Disability coordinator's office. they said
>>> they only intervene if the access denial happened in a City owned
>>> building or office. they told me to go to the State AG office. They
>>> were no help either - no real person to talk to and no way to get one.
>>> I called the State CCB office and got someone from their guide dog
>>> grooup. they told me to talk to our police department. And this below
>>> is their response to the incident.
>>>
>>> "the situation you described is not criminal and that is what the Police
>>> Department deals with, Criminal matters. What your friend is
>>> experiencing is a Civil matter. I attached some basic laws that your
>>> friend with the Guide Dog should know or have been told. These are very
>>> common laws that even businesses should be aware of. There is a number
>>> at the bottom you can call for more help. Good luck!
>>>
>>>
>>> Luis A. Roman
>>> "Louie"
>>> Community Liaison Officer (820s) & Facilities
>>> Mid-City Division, San Diego Police Dept.
>>> 4310 Landis Street, MS-785
>>> San Diego, CA. 92105
>>> Desk: (619) 516-3038
>>> Fax: (619) 516-3058
>>> lroman at pd.sandiego.gov "
>>>
>>>
>>>
>>> This officer then attached a copy of a "Question and Answer" thing from
>>> the ADA.
>>>
>>>
>>>
>>> My question is how to enforce the law here???? The incident occured in
>>> early December while I was downtown before an appointment. The store
>>> owner now thinks it's OK to keep service dogs out and that it is OK to
>>> do as he pleases in regards to obeying the laws of this country.
>>>
>>>
>>>
>>> Any California listers who read this - what do you recommend I do?
>>>
>>>
>>>
>>> Lyn and Landon
>>>
>>> 619-405-5554
>>> _______________________________________________
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>>
>>
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>
>
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