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

Fri May 17 13:20:30 UTC 2013

Thanks, Julie; that is what I believed, too, but the proof is in the
pudding, as they say.
Darla & Precious Roxy

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Julie Phillipson
Sent: Thursday, May 16, 2013 3:29 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

emergency shelter including those run by the red cross must allow service
animals.  Since hurricane Katrina the homeland security  administration made
it clear that red cross shelters allow service animals.  it remains to be
seen if this will actually happen.
Julie Phillipson
----- Original Message -----
From: "Darla Rogers" <djrogers0628 at gmail.com>
To: "'NAGDU Mailing List, the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Thursday, May 16, 2013 3:21 PM
Subject: Re: [nagdu] homeless shelter refuses to accept blind man with his
dog guide

God; this is disgusting; where is a homeless blind person, who chooses to
use a guide dog, to go?  I have heard and read horror stories of problems in
shelters, but they can't be worse than being on the street.
Hmm; this could morph into another topic, not germane for the list, about
churches, in general being accepting of blind members.
Toa topic that is germane, think about disaster shelters, as many of us are
in the middle of our seasons to have tornadoes, fires, hurricanes, etc.

Darla & Precious Roxy

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Buddy Brannan
Sent: Wednesday, May 15, 2013 2:11 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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