[nagdu] FW: Article: Council approves service animals ordinance

Steven Johnson blinddog3 at charter.net
Tue Mar 8 13:22:48 UTC 2011


Marion,
I am checking with a couple of friends who train mobility service dogs in
Minnesota to see if they know anything about this.  They are pretty
well-connected.  I will be in contact if I find anything out.

Steve


-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Marion Gwizdala
Sent: Tuesday, March 08, 2011 6:39 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] FW: Article: Council approves service animals ordinance

Julie,
    Such a thing is less of a concern to me than what is rumored to be 
happening in Minnesota. The Principle of Supremacy allows lower 
jurisdictions to make laws that are less restrictive but Minnesota, if the 
rumor is true and I am working to find out if it is, is trying to make a law

that is more restrictive by allowing public accommodations to use religion, 
fear, and allergies as reasons to deny access. This is a clear violation of 
the ADA and, thus, a violation of the U.S. Constitution. Article V, Clause 2

states

This Constitution, and the Laws of the United States which shall be made in 
Pursuance thereof; and all Treaties made, or which shall be made, under the 
authority of the United States, shall be the supreme Law of the land; and 
the Judges in every State shall be bound thereby, any Thing in the 
Constitution or Laws of any State to the Contrary notwithstanding.

Fraternally yours,
Marion



----- Original Message ----- 
From: "Julie J" <julielj at neb.rr.com>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Monday, March 07, 2011 10:04 PM
Subject: Re: [nagdu] FW: Article: Council approves service animals ordinance


>I just don't know what to say.  It's sad and sort of funny in a way that 
>you'd only understand if your familiar with small town local politics. 
>They don't seem to understand disability law or really much about 
>disabilities at all.  Once again it's only the green that matters in the 
>end.  Sad.
>
> Julie
>
> ----- Original Message ----- 
> From: "Steven Johnson" <blinddog3 at charter.net>
> To: "'NAGDU Mailing List,the National Association of Guide Dog Users'" 
> <nagdu at nfbnet.org>
> Sent: Monday, March 07, 2011 5:43 PM
> Subject: [nagdu] FW: Article: Council approves service animals ordinance
>
>
>>
>> Hesperia Star (Hesperia, CA)
>>
>>
>> March 3, 2011
>>
>>
>>
>>
>>
>> Council approves service animals ordinance
>>
>>
>> Councilman Blewett vows to repeal if ordinance leads to lawsuits against
>> local businesses
>>
>>
>> Beau Yarbrough <mailto:beau at hesperiastar.com> , Staff Writer
>>
>> The American with Disabilities Act will become more restrictive in its
>> definition of service animals this month, but the changes won't apply in
>> Hesperia.
>>
>> At their meeting Tuesday night, the Hesperia City Council voted to allow 
>> any
>> sort of service animal to be used by the disabled in Hesperia public
>> buildings and businesses, so long as they're accompanied by a doctor's 
>> note
>> certifying their status as service animals.
>>
>> On March 15, new federal guidelines will tighten the definition of 
>> service
>> animals in the ADA to just dogs. The act was signed into law by President
>> George H. W. Bush in July 1990 and never previously defined what 
>> constituted
>> a service animal.
>>
>> The city ordinance was drafted in response to a request from local 
>> resident
>> Danni Moore, who uses two rats riding on her shoulders to help control 
>> her
>> seizures.
>>
>> "All I ask is that the city council allows me to continue to come to pay 
>> my
>> bills [at city hall] and volunteer at the library," Moore told the 
>> council
>> on Tuesday.
>>
>> Disabled residents "have a right to be a person, to go to a store, to go 
>> to
>> a restaurant," argued resident Kim Jones. "There are some things that
>> [service] dogs can just not do."
>>
>> But not everyone agreed with Jones.
>>
>> "The needs of the many have to outweigh the needs of the few," said
>> Councilman Bill Holland. "It unnecessarily places Hesperia's businesses,
>> which quite frankly pay our way, in harm's way."
>>
>> "If I end up in a lawsuit over this, I'll move my business out of the 
>> city,
>> I'll be real honest with you," said Century 21 owner Don Jensen, the 
>> brother
>> of planning commissioner Bill Jensen.
>>
>> The ADA "hasn't affected Hesperia's businesses for the past 20, 50 
>> years,"
>> said Councilman Thurston "Smitty" Smith, "And this doesn't change 
>> anything."
>>
>> "I've never seen a service animal other than a dog in a restaurant other
>> than one time in Mexico," said Mayor Pro Tem Russ Blewett. "We have 18
>> percent of the people in this community unemployed, and we're talking 
>> about
>> service animals."
>>
>> The ordinance passes 4-d, with Holland dissenting. Although he voted in
>> favor of the measure, Blewett said he'd vote to repeal it if any business

>> is
>> sued under the city ordinance.
>>
>> The next regular meeting of the Hesperia City Council will take place on
>> March 15 at 6:30 p.m. at Hesperia City Hall, 9700 Seventh Avenue.
>>
>> Source: 
>> http://www.hesperiastar.com/news/service-3999-animals-council.html
>>
>>
>>
>>
>>
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>>
>> Steven C. Johnson, B.S., CIRS
>>
>> Social Service Specialist
>>
>> Aging and Disability Resource Center
>>
>> of Western Wisconsin
>>
>> La Crosse County Human Services Department
>>
>> 300 4th Street North, La Crosse, WI 54601
>>
>> 608-785-6055
>>
>>
>>
>> Our purpose is to provide information and assistance in accessing 
>> benefits
>> and services to adults and families relating to aging, disability, mental
>> health or substance abuse.
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