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

Wed Mar 9 12:20:58 UTC 2011

Lisa,
    I am still trying to confirm the introduction of the measure that was 
mentioned on this list a week or so ago with the NFB of Minnesota. I am 
beginning to believe it was an urban legend designed to create anti Islamic 
outrage. It troubles my soul to think that there are those with such hatred 
in their hearts as to perpetrate such a thing! And they most likely think 
they are doing God's will! So sad!

Fraternally yours,
Marion


----- Original Message ----- 
From: "Lisa Irving" <lirving1234 at cox.net>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Tuesday, March 08, 2011 9:23 PM
Subject: Re: [nagdu] FW: Article: Council approves service animals ordinance


> Marion, I'm uninformed about the anti constitutional conduct taking place 
> in MN. This brings me to overall California Disability Law vrs the ADA. In 
> Cali., and perhaps other states, which ever disability law is the 
> strongest over rides the other law.
>
> I don't know stanza and verse of either law. What I am aware of from a 
> hand full of personal encounters, via the  Southern California U. S. 
> District Federal Courts, is that Cali. Disability Law is more detailed and 
> has greater protections about businesses providing equal access to their 
> "goods and services"
>
> What's the likelihood MN has, very negatively, designed legislation that 
> supersedes federal ADA legislation. I am stunned and  not totally 
> surprised that religion and allergies has been tossed into the complicated 
> mix of things. I hope the NFB gets behind this regressive legislation.
>
> Lisa and Bernie
> ----- Original Message ----- 
> From: "Marion Gwizdala" <blind411 at verizon.net>
> To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
> <nagdu at nfbnet.org>
> Sent: Tuesday, March 08, 2011 4:38 AM
> 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
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> PRIVATE AND CONFIDENTIAL
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>>>> If you are not the correct recipient please notify the sender of the
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>>>> Prohibited, and may result in liability and damages for misuse of this
>>>> information.
>>>>
>>>> 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
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>>>>
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>>>>
>>>>
>>>>
>>>>
>>>>
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>>>
>>>
>>>
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>>
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