[nagdu] Advance Notification

Julie J. julielj at neb.rr.com
Wed Mar 28 17:17:30 UTC 2012


Hmmmm...that's a sticky legal question.  I'm not sure what the answer 
is.  I'll take a guess and say that it's only illegal to make showing an 
ID a condition of access.  In the end it is the act of not being able to 
partake of goods and services that is illegal and enforceable.

I'll be interested to hear what others think.
Julie
On 3/28/2012 11:58 AM, Pickrell, Rebecca M (TASC) wrote:
> Isn't it illegal to demmand id before granting access though?
>
>
> -----Original Message-----
> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Julie J.
> Sent: Wednesday, March 28, 2012 12:48 PM
> To: NAGDU Mailing List, the National Association of Guide Dog Users
> Subject: Re: [nagdu] Advance Notification
>
> The only reason I can immediately think of that this approach might not
> work is because you wouldn't be denied access.  In your scenario I'm
> understanding that you go to enter the store with guide dog, the store
> wants to see ID claiming that their policy, you show ID with the caveat
> that they provide in writing the play by play of the event, then you
> enter the store and shop as usual.  If I'm understanding this example
> correctly, you would not actually have been denied access to the store,
> which doesn't then qualify as a civil rights violation.
>
> But that's assuming that you'd go the route of wanting to file a legal
> complaint or get the police involved with a criminal action.  If you
> intend to follow up the situation with an advocate, letters to the head
> office or some other similar action, then I think getting the event in
> writing could work well.
>
> a long, long while ago I saw a fill in the blank sort of form letter
> that could be used in access denial situations.  The premise was that
> when confronted by an employee who refused you entry because of your
> guide dog, you would politely request they fill out the form, then you
> would leave to call the police or take whatever action you deemed
> appropriate.  a The letter was basically short paragraph that said
> something to the effect of:
> I, insert name, am denying access to John Smith who is blind and uses a
> guide dog. to insert store name, because John Smith is accompanied by a
> guide dog.  John Smith has clearly stated that he is blind and that his
> dog is in fact a trained guide dog.   I understand that my refusal to
> allow John Smith to enter insert store name is a violation of state and
> federal laws.  Signed by insert employee signature on this insert date.
>
> I always thought it would be most satisfactory to try this approach just
> to see the reaction  of the difficult employee.  I never have though.
>
> Julie
>
>
>
>
>
>
> On 3/28/2012 10:47 AM, Pickrell, Rebecca M (TASC) wrote:
>> My husband and I discussed this.
>> His solution was "show the id, get the store manager to put in writing that this is their policy, then get the law involved".
>> This way, you get what you need so the trip isn't wasted, you can still use the store while the case is being sorted out, and the store knows it did something bad.
>> Anybody know why this wouldn't work?
>>
>>
>> -----Original Message-----
>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Sheila Leigland
>> Sent: Tuesday, March 27, 2012 6:31 PM
>> To: NAGDU Mailing List, the National Association of Guide Dog Users
>> Subject: Re: [nagdu] Advance Notification
>>
>> Rebeccca you have a valid point. I do carry tres's id card from the school but havenn't been asked to show it. There are times when I will do what needs to be done and that is just the way it has to be.
>>
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