[Nfbc-info] Discrimination in Oakland
Aziza
daydreamingncolor at gmail.com
Tue Feb 9 18:15:57 UTC 2010
Agreed.
----- Original Message -----
From: "Darian Smith" <dsmithnfb at gmail.com>
To: "NFB of California List" <nfbc-info at nfbnet.org>
Sent: Tuesday, February 09, 2010 12:00 AM
Subject: Re: [Nfbc-info] Discrimination in Oakland
> This situation is not only unfortunate an frustrating, but
> absolutely out of line.
> I have a few thoughts, if I may:
> 1. a very frustrating thing is it seems as if Law enforcement knows
> not it's responsibility to enforce all of the laws it must. It
> almost seems as if Police officers and the like have no
> understanding of the ADA and/or how to operate around individuals
> with disabilities.
>
> 2. in addition to the information given, would it not be wise to
> include Shannon Dillon's contact information- as she is the current
> president of cagdu-- the state where this all took place is in
> california, after all.
> Also, what's the harm in having either Mary willows/ Chuck
> Krugman, or both contact these individuals as needed?
> somehow, I'm thinking it does not matter if they were members of
> ACB, NFV or PETA; the main thing is that these indivviduals should be
> made aware that not only do they have resources, but actual people-
> people in state that can support them should they need it.
> Please forgive my corniness, but these people are blind people
> like you and I, they have been treated unfairly and unjustly by
> so-called professionals that are supposed to provide the highest
> quility of service and they've far from done this. We in the NFB
> want first- class citizanship for all blind people and if we truly
> want this, there is little doubt in my mind that we should be ready
> and willing to step in as needed.
> just my thoughts,
> Darian
>
>
> On 2/8/10, Aziza <daydreamingncolor at gmail.com> wrote:
>> I think by supplying the information we have provided, both in resources
>> and
>> oppinion, the people involved will probably make the right decision as to
>> wehter or not they should go forward in this issue. I believe that at the
>> moment the affiliation does not matter, what matters is that we have done
>> what we can at the moment to provide the information necessary to move
>> forward if they wish to do so. It is up to the parties involved to ask
>> for
>> further assistance if they find it necessary to do so.
>> Aziza
>> ----- Original Message -----
>> From: "Mike Freeman" <k7uij at panix.com>
>> To: <nfbc-info at nfbnet.org>
>> Sent: Monday, February 08, 2010 5:42 PM
>> Subject: Re: [Nfbc-info] Discrimination in Oakland
>>
>>
>>> Given the affiliation of the aggrieved parties, perhaps it would be wise
>>> to ascertain if they wish assistance in putting their case.
>>>
>>> Mike Freeman
>>>
>>> ----- Original Message -----
>>> From: unknown <ckrugman at sbcglobal.net>
>>> To: "NFB of California List" <nfbc-info at nfbnet.org>
>>> Date: Monday, Feb 8, 2010 17:15:29
>>> Subject: Re: [Nfbc-info] Discrimination in Oakland
>>>
>>>>
>>>>
>>>> The appropriate things to do regarding this matter are as follows:
>>>> 1. If the City of Oakland has an ADA coordinator file an official
>>>> complaint
>>>> with the City as if this is a paratransit company under contract with
>>>> the
>>>> city to provide paratransit services they are responsible. for
>>>> implementation of service and a need to insure that staff are
>>>> appropriately
>>>> trained. 2. Officially file a complaint with U.S. Department of Justice
>>>> as a
>>>> definite ADA violation occurred. The procedures for filing such a
>>>> complaint
>>>> are available at www.ada.gov.
>>>> While it is important to make people aware of what happened change can
>>>> only
>>>> occur if official documentation in the form of ADA complaints are
>>>> filed.
>>>> For
>>>> the record I am not aware of any circumstances where a public transit
>>>> driver
>>>> can refuse to transport a properly identified service animal. Not only
>>>> is
>>>> this clearly a violation of the ADA it is also a violation of
>>>> California
>>>> law
>>>> as well. If needed I can research and furnish the appropriate citation.
>>>> Chuck Krugman, M.S.W., Paralegal
>>>> President, NFB Central Valley Chapter
>>>> 1237 P Street
>>>> Fresno ca 93721
>>>> 559-266-9237
>>>> ----- Original Message -----
>>>> From: "Anne Ward" <inland2wards at att.net>
>>>> To: <Undisclosed-Recipient:;@smtp127.sbc.mail.sp1.yahoo.com;>
>>>> Sent: Monday, February 08, 2010 12:29 PM
>>>> Subject: [Nfbc-info] Discrimination in Oakland
>>>>
>>>>
>>>> > This was sent to me this morning by Judith Lesner, who asked me to
>>>> > distribute it widely.
>>>> >
>>>> > Anne Ward
>>>> >
>>>> >
>>>> >
>>>> > Discrimination in Oakland?
>>>> >
>>>> >
>>>> >
>>>> > Last night my very good friend Marvelena Quesada was told that she
>>>> > had
>>>> > to
>>>> > "sit in the back of the bus". In this case, an East Bay ParaTransit
>>>> > bus.
>>>> > The person givithng the order was the bus's dispatcher. Marvelena's
>>>> > status that led up to the banishment to the back of the bus was her
>>>> > traveling with Darla. Marvelena is blind and Darla is her seeing eye
>>>> > dog.
>>>> >
>>>> >
>>>> >
>>>> > To start at the beginning, Marvelena and her husband Chris Gray came
>>>> > to
>>>> >
>>>> > my
>>>> > house for dinner. They are both blind and Chris is the past
>>>> > president
>>>> > of
>>>> > the American Council of the Blind which is a national consumer group.
>>>> > They had arranged to be picked up by East Bay ParaTransit for a ride
>>>> > home.
>>>> > At about 9:15 they got a call that their ride was outside. I walked
>>>> > out
>>>> > with them to bus number 352. The driver asked if the dog was going
>>>> > along
>>>> > too. Marvelena replied that it was. The driver then decided that
>>>> > her
>>>> > bus
>>>> > was not positioned correctly and drove about a half block down the
>>>> > street.
>>>> > By the time we got to her she was on her cell phone and refused entry
>>>> > to
>>>> > Chris and Marvelena, yelling at them through the partially opened
>>>> > door
>>>> > that no one had said anything about a dog and that she had "issues"
>>>> > with
>>>> > dogs. She said they had to wait for another paratransit bus to come
>>>> > and
>>>> > take them. Chris said that they had a legal right to get on the bus
>>>> > with
>>>> > the dog and forced his way through the partially opened door and got
>>>> > on
>>>> > the bus. The driver slammed the door and wouldn't let Marvelena and
>>>> > Darla
>>>> > on the bus.
>>>> >
>>>> >
>>>> >
>>>> > Meanwhile the driver was speaking to her dispatcher on a speaker
>>>> > phone.
>>>> > That was when the dispatcher made her Solomon like decision to end
>>>> > the
>>>> > impasse, "Go take the dog and sit in the back of the bus". I
>>>> > informed
>>>> > the
>>>> > driver and dispatcher that it was no longer the 50's where they could
>>>> > get
>>>> > away with that. Chris and Marvelena said that she would not move to
>>>> > the
>>>> > back. While this was going on, Marvelena and Darla managed to get on
>>>> > the
>>>> > bus. Marvelena was calling paratransit and she and I and another
>>>> > friend
>>>> > were conferring through the open door. At that point the passenger
>>>> > on
>>>> > the
>>>> > bus said that she had had it with waiting so long and would walk the
>>>> > rest
>>>> > of the way home. She got off the bus and left. The driver reported
>>>> > that
>>>> > the passenger had left the bus because of the dog which was a
>>>> > baldfaced
>>>> > lie. The driver then said that the company was sending another bus
>>>> > to
>>>> > take them home.
>>>> >
>>>> >
>>>> >
>>>> > This all went on for some time when the driver closed the doors so
>>>> > that
>>>> >
>>>> > we
>>>> > could no longer talk to Chris and Marvelena, turned out the lights
>>>> > and
>>>> > left the bus. Marvelena and Chris were left alone in a locked bus
>>>> > while
>>>> > the driver walked half a block away and spoke on her cell phone.
>>>> > Chris
>>>> > then called 911 and two Oakland policemen arrived shortly there
>>>> > after.
>>>> >
>>>> >
>>>> >
>>>> > One of the police asked my friend and I what was happening. I
>>>> > explained
>>>> > the situation. The policeman said something to the effect that it
>>>> > depended on the bus company's policy. I said that was nonsense.
>>>> > That
>>>> > it
>>>> > had nothing to do with the bus company, it was a federal law called
>>>> > the
>>>> > ADA. Marvelena and her dog had the same right of access to public
>>>> > places
>>>> > as Marvelena did on her own. He seemed unaware of the law.
>>>> >
>>>> >
>>>> >
>>>> > Finally, after the police arrived, another bus arrived to take them
>>>> > home.
>>>> > The altercation took about an hour and involved the waste of two bus
>>>> > drivers' time as well as that of two Oakland police personnel.
>>>> >
>>>> >
>>>> >
>>>> > Questions that arise:
>>>> >
>>>> > 1.. Why when so many people with disabilities are using service
>>>> > animals
>>>> > does a company whose sole clientele are people with disabilities hire
>>>> > a
>>>> > driver who will not drive a bus with a dog on it?
>>>> > 2.. If the company feels compelled to hire folks who are afraid of
>>>> > dogs,
>>>> > why do they not routinely ask passengers if they are traveling with
>>>> > service animals so that they can send a not-afraid driver?
>>>> > 3.. Why were the driver and the dispatcher not trained by the
>>>> > company
>>>> > to
>>>> > know the laws about access and seeing eye dogs?
>>>> > 4.. Why was the driver not trained in basic courtesy? She routinely
>>>> > yelled at us, slammed doors and at one point told me to "move him."
>>>> > She
>>>> > was referring to Chris. I explained that he was a person and he
>>>> > moved
>>>> > himself, I did not move him.
>>>> > 5.. Why are the Oakland Police not trained in the fundamentals of
>>>> > ADA
>>>> > access laws?
>>>> >
>>>> >
>>>> > Issues to note:
>>>> >
>>>> > 1.. Darla was wearing a regulation Seeing Eye harness, did not make
>>>> > any
>>>> > noise, did not show any aggression despite the shouting of the driver
>>>> > and
>>>> > lay on the floor of the bus near Marvelena's feet the entire time.
>>>> > _______________________________________________
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>>>> > Nfbc-info at nfbnet.org
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>>>>
>>>>
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>>>
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>>
>>
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>
>
> --
> Darian Smith
> Skype: The_Blind_Truth
> Windows Live: Lightningrod2010 at live.com
> The National Federation of the Blind has launched a nationwide teacher
> recruitment campaign to help attract energetic and passionate
> individuals into the field of blindness education, and we need your
> help! To Get Involved go to:
> www.TeachBlindStudents.org
>
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