[nagdu] FW: Article: Council approves service animals ordinance
Lyn Gwizdak
linda.gwizdak at cox.net
Wed Mar 9 22:53:04 UTC 2011
I agree, Marion.
Wouldn't this supposedly proposed law also be in violation of ADA? As to
people stirring up anti Islamic fear and hate - sounds like a Tea Party
tactic to me. Hate groups will use anything to stir the pot! Even disabled
folks and our dogs!!! Let's hope you're right. I have a friend in
Minneapolis and she would be quite mad if there was really a law like this
one.
Lyn and Landon
----- 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: Wednesday, March 09, 2011 4:20 AM
Subject: Re: [nagdu] FW: Article: Council approves service animals ordinance
> 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
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
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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,
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>>>>> health or substance abuse.
>>>>>
>>>>> We promote the rights, dignity, and preferences of the individual to
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>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
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>>>>
>>>>
>>>>
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