[Nfbc-info] Discrimination in Oakland
tina thomas
tinadt at sbcglobal.net
Tue Feb 9 18:28:58 UTC 2010
Hello Darian- First of all, Chris Grey is the immediate past president of
the ACB and is well aware of the resources offered to him and his wife. I'm
sure he has notified both GDUC as well as GDUI of this situation which are
the state and national guide dog affiliates of ACB, and it would be best if
we let Chris deal with this situation in his own way. Now I'm not saying
that CAGDU wouldn't help, however at this juncture it would be
inappropriate for us to presumably tread were we are not wanted or needed.
Tina Thomas
Vice President (CAGDU) NFBC
"Trust your own instinct. Your mistakes might as well be your own instead of
someone else's."
- Billy Wilder
-----Original Message-----
From: nfbc-info-bounces at nfbnet.org [mailto:nfbc-info-bounces at nfbnet.org] On
Behalf Of Darian Smith
Sent: Tuesday, February 09, 2010 12:00 AM
To: NFB of California List
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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>>>
>>>
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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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