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

Thu May 16 17:00:45 UTC 2013

some do but not all.  I guess there are more homeless men than there are 
women and children that's why they live in a car if they have one!  I'm 
saying that with tongue in cheek just so know one takes it the wrong way!
Julie Phillipson
----- Original Message ----- 
From: "Cindy Ray" <cindyray at gmail.com>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Wednesday, May 15, 2013 4:38 PM
Subject: Re: [nagdu] homeless shelter refuses to accept blind man with his 
dog guide

They wouldn't let a lot of us in because the rescue mission just takes men. 
I think it is a very weak argument about being a church because of their 
ministry.

CL

On May 15, 2013, at 2:26 PM, Marsha Drenth <marsha.drenth at gmail.com> wrote:

> Buddy,
> You feel a tad strong about that, huh? *smile* Its all good, I do too.
> BTW where is New Castle, PA? Perhaps we should all go with our guides, 
> wonder what they would do then? LOL
>
>
> Marsha drenth
> Sent with my IPhone
>
> On May 15, 2013, at 3:11 PM, Buddy Brannan <buddy at brannan.name> wrote:
>
>> 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-complaint-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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