[nagdu] homeless shelter refuses to accept blind man with his dog guide

Thu May 16 03:34:14 UTC 2013

rather insulting isn't it.
On 5/15/2013 2:05 PM, blind411 wrote:
> Buddy,
> 	It will be interesting to see how this shakes out! Though there are
> laws and implementing regulations, our system of justice is based upon case
> law - that which is decided in Court. I find it interesting, though, that
> the archaice belief that the disabled must be supervised is a part of this
> institution's defense.
>
> Fraternally yours,
> Marion
>
>
>
> -----Original Message-----
> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Buddy Brannan
> Sent: Wednesday, May 15, 2013 3:11 PM
> To: NAGDU Mailing List, the National Association of Guide Dog Users
> Subject: Re: [nagdu] homeless shelter refuses to accept blind man with his
> dog guide
>
> Another article I read on this has a statement from the shelter in question.
> Even if the shelter is correct in this (I'd say not, since they're providing
> shelter to the public, they'd say they're right because they're only
> providing shelter to Christians or seekers), I say they're hypocrites,
> they're morally wrong, and I hope they rot in hell. But anyway, here's the
> article:
>
> From
> http://www.ncnewsonline.com/opinion/x730878618/Guide-dog-dispute-sparks-comp
> laint-against-mission
>
> Guide dog dispute sparks complaint against mission
>
> NEW CASTLE — The City Rescue Mission has been charged with violating the
> federal Fair Housing Act over a guide dog.
>
> The U.S. Department of Housing and Urban Development filed the complaint
> against the mission Monday, arguing a member of its staff had violated
> federal rules by refusing to let a blind homeless man stay at its shelter
> with his guide dog.
>
> According to HUD, the charge followed an investigation into an incident that
> occurred in December 2011, where the man requested shelter and was told the
> mission had no accommodation for his service dog. Instead, alternative
> shelters were suggested.
>
> The man, whom HUD did not identify in information released to the media,
> then went to Lawrence County Community Action Partnership for assistance. A
> representative of that organization contacted the mission on the man’s
> behalf, HUD said. The complaint says mission representatives reiterated the
> guide dog could not be admitted, but the man would be allowed to stay there
> without the dog.
>
> The Fair Housing Act requires housing providers to make reasonable
> accommodations in their rules, policies, practices or services when needed
> to provide persons with disabilities an equal opportunity to use or enjoy a
> dwelling, HUD noted.
>
> “For many people with disabilities, guide dogs and other assistance animals
> are necessities, not options,” said John Trasviña, HUD assistant secretary
> for fair housing and equal opportunity. “HUD will enforce Fair Housing Act
> protections to ensure that housing providers grant reasonable accommodation
> requests.”
>
> Asked Monday to comment on HUD’s complaint, Kevin Green, executive director
> of the City Rescue Mission, responded to the New Castle News via email. He
> wrote:
>
> “Contrary to what many believe, we are not a government-funded homeless
> shelter.”
>
> The City Rescue Mission, he continued, “is a Christian ministry, organized
> as a church, offering compassionate care to the hungry and homeless as a
> gift of charity.”
>
> He noted that “care and provision” is offered “without any expectation of
> consideration or any return.
>
> “We do have limitations for whom and how we serve people due to the age and
> limitations of our facilities. We only have limited space where we can make
> a reasonable accommodation for those with disabilities, where they can be
> supervised and safe.
>
> “We do this out of love, as we are not a social service agency. We believe
> that due to the religious freedom set for us in the Constitution, we are not
> subject to the provisions of the Fair Housing Act.
>
> “We proceed praying that our outreach ministry will not be impaired by this
> litigation.”
>
> Green noted that last year, the mission served 641 men, 161 of them
> veterans, “many with physical and mental impairments. We can only do this
> through the loving contributions of our faithful donors.”
>
> HUD’s charge will be heard by a United States administrative law judge
> unless any party in the matter wants to have the case heard in federal
> district court. If an administrative law judge finds that discrimination has
> occurred, he may award damages. The judge also may order injunctive relief
> and other equitable relief, as well as payment of attorney fees.
>
> If the matter is decided in federal court, the judge also may award punitive
> damages.
>
> Although HUD did not identify the man who made the complaint, a civil
> lawsuit filed against the City Rescue Mission in Pittsburgh appears to
> describe an identical incident. The plaintiff in the case is Kenneth DeFiore
> of Edinburg.
>
> That lawsuit — still unresolved — was filed in November, alleging identical
> incidents and dates as in the complaint filed by HUD Monday.
>
> In responding to DeFiore’s allegations, the rescue mission argues state and
> federal housing rules do not grant “unfettered access to all housing.” In
> addition, it notes that applicable laws involving housing and discrimination
> allow for religious exemptions for entities such as the mission.
>
> This is particularly true, the response notes, because the mission accepts
> no federal funds for its homeless shelter.
>
> The response goes on to declare the mission rejects no one on the basis of
> race, color, national origin or disability. However, it requires the people
> it serves to abide by the mission’s rules and says it serves a specific
> segment of the population: “Christians and those who are genuinely open to
> the Christian ministry.”
>
> As for the guide dog, the mission’s response argues that accommodating it
> would be difficult in a cramped facility where other homeless people are
> lodged. The possibility other individuals at the shelter could be allergic
> to dogs was cited in the paperwork.
> --
> Buddy Brannan, KB5ELV - Erie, PA
> Phone: (814) 860-3194 or 888-75-BUDDY
>
>
>
> On May 15, 2013, at 12:25 PM, "Criminal Justice Major Extraordinaire"
> <orleans24 at comcast.net> wrote:
>
>> Sent: Wednesday, May 15, 2013 7:17 AM
>> Subject: homeless shelter refuses to accept blind man with his dog
>> guide
>> (Source: HUD) -- The U.S. Department of Housing and Urban Development
> (HUD) announced today that it is charging City Rescue Mission of New Castle
> (CRM) and one of its employees with refusing to accept a blind man and his
> guide dog at a homeless shelter in New Castle, PA.
>> HUD's investigation found that CRM denied a reasonable accommodation
> request to allow the man to keep his dog in the shelter, in violation of the
> Fair Housing Act.
>> The Fair Housing Act requires housing providers to make reasonable
> accommodations in their rules, policies, practices, or services when needed
> to provide persons with disabilities an equal opportunity to use or enjoy a
> dwelling.
>> "For many people with disabilities, guide dogs and other assistance
> animals are necessities, not options," stated John Trasviña, HUD Assistant
> Secretary for Fair Housing and Equal Opportunity. "HUD will enforce Fair
> Housing Act protections to ensure that housing providers grant reasonable
> accommodation requests."
>> According to HUD's charge, a blind, homeless individual contacted CRM in
> order to seek shelter. HUD's charge alleges that a CRM employee informed the
> man that he could not move into the shelter with his guide dog even after
> the man said that he could not be without his service animal.
>> When a caseworker from Lawrence County Community Action, an organization
> that assists low-income people, contacted the shelter and explained that the
> man needed the guide dog because of his disability, the CRM employee again
> refused, saying that the dog would have to go elsewhere.
>> HUD's charge will be heard by a United States Administrative Law Judge
> unless any party to the charge elects to have the case heard in federal
> district court. If an administrative law judge finds after a hearing that
> discrimination has occurred, he may award damages to aggrieved persons for
> the damages caused them by the discrimination.
>> The judge may also order
>> injunctive relief and other equitable relief to deter further
> discrimination, as well as payment of attorney fees.
>> In addition, the judge may impose fines in order to vindicate the public
> interest. If the matter is decided in federal court, the judge may also
> award punitive damages to aggrieved persons.
>> Persons who believe they have been denied a reasonable accommodation
>> request may file a complaint by contacting HUD's Office of Fair
>> Housing and Equal Opportunity at
>> (800) 669-9777 (voice)
>> or (800) 927-9275 (TTY).
>> Housing discrimination complaints may also be filed by going to
>> www.hud.gov/fairhousing or by downloading HUD's free housing
>> discrimination mobile application, which can be accessed through Apple
> devices, such as the iPhone, iPad, and iPod touch.
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>
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