[Nfbf-l] [NFBF-Leaders] Convention Transportation option for Monday 5/27.

Nicole D Fincham-Shehan ndfinchamshehan at yahoo.com
Wed May 1 16:23:53 UTC 2019


Again, I will re-iterate and re-state for those who have not read my previous emails. First transit is a para transit provider, first transit is a para transit provider, first transit is a para transit provider!!! They are willing to donate their services on Monday, May 27, 2019 to assist us with transportation needs since Palm Tran is closed due to the Memorial day holiday. Again, it is important for us to know who will need transportation, how many individuals will be traveling with you, do you have any mobility aids or service animals and all of this because we know everyone will have luggage. Therefore, we want to ensure that we have adequate space to accommodate all individuals and their belongings adequately to transport to their destinations safely. This was not meant to be discriminatory towards anyone or to open up a debate about transportation. This was simply a question that was asked so that we can ensure all individuals will have safe, effective and efficient transportation to their destinations. If you find this to be offensive, then we sincerely apologize, however, we are trying to accommodate everyone. In addition, like I previously mentioned in other emails, there also can be medical concerns for those who may have allergies will be allergic to service animals. We are not trying to have any unnecessary emergencies her that can be prevented by asking simple questions. Again, nothing was asked to be offensive or discriminatory anyone. We just want to make sure that we have accurate and correct   

Again, this was not meant to be offensive and if you found it to be offensive, we sincerely apologize. We just want to make sure again that everyone is safe and get to their destinations. If this bothers you that much, then at this point, all I can say is to please find your own transportation. We are looking out for the safety and well-being of all individuals who will be needing assistance.


Nicole D. Fincham-Shehan 
ADA Consultant
Health Educator 
Work Phone: 561-328-8191
Cell Phone: 410-493-4461 
Email Address: ndfinchamshehan at yahoo.com 


On May 1, 2019, at 12:10 PM, Marion Gwizdala via Nfbf-l <nfbf-l at nfbnet.org> wrote:

Marilyn,

I understand what you are stating and will reiterate what I have asserted in a previous message. Those para transit systems which utilize sedans need to have this information, since space is critically restricted. Those systems utilizing vans or small buses, though, do not have the same restrictions, so the question is moot. The issue with which I have concern is that we have been asked to notify First Transit of the presence of the guide dog. First transit is not a para transit system. As a guide dog user and advocate for guide dog users, I know that advance notification tends to create more challenges than they resolve; therefore, I generally object to advance notification.

Fraternally yours,
Marion

-----Original Message-----
From: Nfbf-l [mailto:nfbf-l-bounces at nfbnet.org] On Behalf Of Marilyn Baldwin via Nfbf-l
Sent: Wednesday, May 1, 2019 11:12 AM
To: NFB of Florida Internet Mailing List
Cc: Marilyn Baldwin; Jeanette Torres
Subject: Re: [Nfbf-l] [NFBF-Leaders] Convention Transportation option for Monday 5/27.

I agree with Nicole. I have volunteered in the TD program and served as a Commissioner on the TD Commission, and still serve on our local TD Local Coordinating Board. This question is asked on the eligibility applications and on reservations call lines, just as we are asked if we are using a mobility device. It is asked for space requirements as others who may be using mobility devices and carrying personal items, will also be riding with you. We want all riders to be comfortable and their medical needs to be considered.There is nothing discriminatory about this question. No one is refused transportation because of the use of a guide dog or service animal on our systems. If you are refused travel,  you are encouraged to file a complaint with your local system or FTA. Once in awhile someone who is not trained will make an error, but it is the law that all eligible individuals and their service animals may ride on community transportation systems. 

Marilyn Baldwin, Chairwoman 
Diversity and Inclusion Committee 

Sent from my iPad

> On May 1, 2019, at 8:30 AM, Nicole D Fincham-Shehan via Nfbf-l <nfbf-l at nfbnet.org> wrote:
> 
> Well, you were given incorrect information. I have a transportation background and have work in the field and I am extremely familiar with the FDA guidelines as far as para transit goes.
> 
> 
> Use this scenario and think about it! If you are allergic to peanuts and you get on a flight and they serve peanuts, you will go into anaphylactic shock. So, the same scenario can occur if an individual is allergic to service animals and is on a vehicle. Many individuals who have asthma, not all individuals, but many kid not be around pets and have been found to be allergic to pets. So, like I said look at the scenario if you are allergic to peanuts or peanut butter and you are put into a situation where they are being served, you can become severely ill.
> 
> Again, it’s not to be discriminatory to anyone who uses service animals. However, in today’s society, you need to think of others with illnesses. In addition, it was just to make sure that there is enough room because they will be individuals with mobility aids and luggage. Like was previously mentioned by someone else who commented, when you reserve any para transit ride, they ask are you going to have any mobility aids or a service animal. So, the original comment was not me to offend anyone, but we want to ensure that there is plenty of room to accommodate all individuals who will need transportation   We do not want to exclude anyone!!!
> 
> Nicole D. Fincham-Shehan 
> ADA Consultant
> Health Educator 
> Work Phone: 561-328-8191
> Cell Phone: 410-493-4461 
> Email Address: ndfinchamshehan at yahoo.com 
> 
> 
> On May 1, 2019, at 7:41 AM, Jeanette Torres via Nfbf-l <nfbf-l at nfbnet.org> wrote:
> 
> That was not what I was told from guide dog schools when I had guide dogs.
> Jeanette Torres
> 
> -----Original Message-----
> From: Nicole D Fincham-Shehan [mailto:ndfinchamshehan at yahoo.com]
> Sent: Wednesday, May 1, 2019 7:15 AM
> To: Jeanette Torres <jtorres3263 at gmail.com>
> Cc: NFB of Florida Internet Mailing List <nfbf-l at nfbnet.org>
> Subject: Re: [Nfbf-l] [NFBF-Leaders] Convention Transportation option for Monday 5/27.
> 
> It’s not against the law to enforce someone who is allergic or has medical conditions and cannot ride with service animals. If you put that individual with someone who has a service animal and they have anaphylactic shock or some other reaction because they are allergic, you are putting them at serious health risk and harm. This can lead the transit provider to a lawsuit, especially if there is medical documentation proving that the individual is not able to ride with the service animal. Again, it is no way offending or discriminating against individual with the service animal. However, you need to accommodate all individuals.
> 
> 
> Nicole D. Fincham-Shehan
> ADA Consultant
> Health Educator
> Work Phone: 561-328-8191
> Cell Phone: 410-493-4461
> Email Address: ndfinchamshehan at yahoo.com 
> 
> 
> On May 1, 2019, at 4:16 AM, Jeanette Torres <jtorres3263 at gmail.com> wrote:
> 
> allergic to service animals and cannot ride with them due to medical conditions is against the law to enforce.
> Jeanette Torres
> 
> -----Original Message-----
> From: Nfbf-l [mailto:nfbf-l-bounces at nfbnet.org] On Behalf Of Nicole D Fincham-Shehan via Nfbf-l
> Sent: Tuesday, April 30, 2019 8:39 PM
> To: NFB of Florida Internet Mailing List <nfbf-l at nfbnet.org>
> Cc: Nicole D Fincham-Shehan <ndfinchamshehan at yahoo.com>
> Subject: Re: [Nfbf-l] [NFBF-Leaders] Convention Transportation option for Monday 5/27.
> 
> Actually, to clarify, the provider that is providing transportation on memorial day, my date May 27, 2019 is a para transit provider. They are one of our subcontracted companies and have a greed to provide this service for us as a donation to the convention.
> 
> Secondly, if the para transit agency is providing a sedan, three individuals and three guy dogs can not fit comfortably in the backseat. I come from a system in Baltimore where they use a lot of sedans and it is virtually impossible for three individuals to fit in the backseat, in addition to add three service animals. The back space is not large enough to accommodate all individuals. Like I mentioned, we can barely accommodate three individuals depending upon the size of the persons.
> 
> Thirdly, I did not address this concern previously. But you may have some individuals who are allergic to service animals and cannot ride with them due to medical conditions. Therefore, it is imperative to know if a service animal will be on board a particular vehicle because that may hinder that vehicle for another individual where they may need to be reassigned.
> 
> Thank you
> Nicole
> 
> Vice President
> NFB of Palm Beach
> Coordinator of Blind Parents Connect
> NFB of Florida 
> 
> 
> Nicole D. Fincham-Shehan 
> ADA Consultant
> Health Educator 
> Work Phone: 561-328-8191
> Cell Phone: 410-493-4461 
> Email Address: ndfinchamshehan at yahoo.com 
> 
> 
> On Apr 30, 2019, at 7:41 PM, Marion Gwizdala via Nfbf-l <nfbf-l at nfbnet.org>
> wrote:
> 
> Pat,
> 
> There are two things I would like to say based upon your message.
> Firstly, though what you say about para transit services is so, I believe
> that the only time this would be an issue is when the transit provider is
> using a sedan to transport their customers. On the average mini van or small
> bus, space is not an issue. In fact, In 2015 when I was denied a ride on
> para transit using this excuse, I offered to demonstrate that three people
> and three dogs could comfortably and safely ride. My offer was declined;
> they would rather sit in their ignorance rather than be proven wrong! Though
> this excuse sounds good, it is an arbitrary inference that is false.
> Secondly, from what I gather from the message, the transportation provider
> in question concerning the notification request is not a para transit
> provider but a charter service.
> 
> I believe that we, the blind who use guide dogs, have the capacity
> to assess whether there is enough space for us and our dogs. We hear this
> reasoning from guide dog training programs and the airlines who claim it is
> best for us to ride in the bulkhead seat where our dogs are not secured and
> take up our leg room. They believe they know what is best for us! Pardon me!
> I know what is best for me! I am an adult and can make my own decisions
> based upon my experience. JMHO!
> 
> Fraternally yours,
> Marion
> 
> -----Original Message-----
> From: Nfbf-l [mailto:nfbf-l-bounces at nfbnet.org] On Behalf Of PLipovsky via
> Nfbf-l
> Sent: Tuesday, April 30, 2019 5:56 PM
> To: 'NFB of Florida Internet Mailing List'
> Cc: PLipovsky
> Subject: Re: [Nfbf-l] [NFBF-Leaders] Convention Transportation option for
> Monday 5/27.
> 
> Hello.
> 
> I know this doesn't concern me,  but I just wanted to mention that it has
> been my experience from riding paratransit throughout this state and also in
> other states with my Seeing Eye dog that each company will ask if you are
> traveling with a dog so as to make sure they allow enough room on the
> vehicle.  It has nothing to do with stepping out of the boundaries of the
> law.
> 
> Thanks.
> f
> -----Original Message-----
> From: Nfbf-l <nfbf-l-bounces at nfbnet.org> On Behalf Of Nicole D
> Fincham-Shehan via Nfbf-l
> Sent: Tuesday, April 30, 2019 5:19 PM
> To: Marion Gwizdala <marion.gwizdala at verizon.net>
> Cc: Nicole D Fincham-Shehan <ndfinchamshehan at yahoo.com>; NFB of Florida
> Internet Mailing List <nfbf-l at nfbnet.org>; NFB of Florida List for Leaders
> <nfbf-leaders at nfbnet.org>
> Subject: Re: [Nfbf-l] [NFBF-Leaders] Convention Transportation option for
> Monday 5/27.
> 
> Hello
> 
> 
> Thank you for your email and your concerns. However, I did not write this
> original email giving out the transportation information. I simply replied
> to the email and had given my home telephone number out for everyone to
> have, in addition, to the cell phone number and email address that was given
> to them in the original email.
> 
> I did make mention on the telephone call last night asking for individuals
> to let me know if they had a service animal, and it was not to offend
> anyone. It was just simply to inquire that we would have enough space
> considering that everyone would have luggage. In addition, it was made clear
> to me last night that if the individual has a service animal or not would be
> irrelevant, and I said nothing further of the nature.
> 
> Therefore, I would appreciate it if you would apologize to me, again because
> I did not write this original email and send it out to everyone   So, you
> may want to go to the start of this original thread.
> 
> Thank you 
> Nicole
> 
> Vice President 
> NFB of Palm Beach
> NFB of Florida 
> 
> 
> Nicole D. Fincham-Shehan 
> ADA Consultant
> Health Educator 
> Work Phone: 561-328-8191
> Cell Phone: 410-493-4461 
> Email Address: ndfinchamshehan at yahoo.com 
> 
> 
> On Apr 30, 2019, at 3:57 PM, Marion Gwizdala <marion.gwizdala at verizon.net>
> wrote:
> 
> Nicole,
> 
> I am deeply troubled by the implications of this message. As the
> president of the National Association of Guide Dog Users, I generally advise
> against giving advance notice of the presence of a guide dog. Title III of
> the Americans with Disabilities Act and 413.08 f.s.  requires entities to
> modify their policies, practices, and procedures to allow an individual
> accompanied by a service animal equal access to the goods and services
> offered. The presence of a service dog is irrelevant, as it is considered
> discriminatory for an entity to deny access to individuals accompanied by a
> service animal or providing individuals accompanied by service animals
> unequal or separate benefits. As a leader in this organization, I take issue
> with asking individuals accompanied by service animals to give advance
> notice, as such a requirement is in violation of the implementing
> regulations of the Americans with Disabilities Act found at 28 CFR Section
> 36.302 and 413.08 f.s. For the past several years, the National Association
> of Guide Dog Users and the National Federation of the Blind have been
> advocating for the rights of blind people to travel unencumbered with their
> guide dogs as several airlines have implemented requirements of advance
> notification that we are traveling with our guide dogs inviolation of
> federal law. Other Title III entities, such as over-the-road buses,
> taxicabs, restaurants, and hotels,  have attempted to implement policies
> requiring individuals accompanied by service animals to provide advance
> notice and the Department of Justice has ruled against them, assessing
> significant fines. This message asks individuals accompanied by guide dogs
> to give advance notice, contrary to the ADA, state law, and the efforts of
> the National Federation of the blind. 
> 
> As a member of the NFB, you have pledged to support the policies and
> practices of the Federation. If this requirement was something taken upon by
> an individual, it would be good to consult with our guide dog users'
> division leaders for guidance before making such a requirement. If this is
> something required by the transportation service, it should have been
> brought to the attention of our leadership so we could have educated the
> company of their obligation to comply with state and federal law. In either
> case, I urge you to edit this message and recirculate it with this
> requirement removed.
> 
> Fraternally yours,
> Marion Gwizdala, President
> National Association of Guide Dog Users
> National Federation of the Blind
> 
> 
> -----Original Message-----
> From: NFBF-Leaders [mailto:nfbf-leaders-bounces at nfbnet.org] On Behalf Of
> Nicole D Fincham-Shehan via NFBF-Leaders
> Sent: Tuesday, April 30, 2019 12:15 PM
> To: NFB of Florida Internet Mailing List
> Cc: Nicole D Fincham-Shehan; NFBF
> Subject: Re: [NFBF-Leaders] [Nfbf-l] Convention Transportation option for
> Monday 5/27.
> 
> Hello All
> 
> 
> I can also be locally contacted at 561-328-8191. This is my home number.
> 
> Thank you 
> Nicole
> 
> Vice President 
> NFB of Palm Beach 
> Coordinator of Blind Parents Connect
> NFB of Florida 
> 
> 
> 
> Nicole D. Fincham-Shehan 
> ADA Consultant
> Health Educator 
> Work Phone: 561-328-8191
> Cell Phone: 410-493-4461 
> Email Address: ndfinchamshehan at yahoo.com 
> 
> 
> On Apr 30, 2019, at 12:06 PM, Denise Valkema via Nfbf-l <nfbf-l at nfbnet.org>
> wrote:
> 
> 
> Palm Tran is providing paratransit services for incoming travelers using
> Tri-Rail, Amtrak and Greyhound. Any members needing to use paratransit while
> in Palm Beach must request visitor status in order to receive these
> services. Palm Tran will not be in operation on Monday, May 27, due to the
> Memorial Day holiday. First Transit is providing services for convention
> attendees to return them to the train station in West Palm Beach  and local
> residences. 
> 
> If you wish to take this option for transportation, please provide your
> information to Nicole Fincham-Sheehan, including addresses (if local
> residents), departure time for train/bus, how many individuals are
> travelling together and whether passengers have mobility aids or service
> animals. The deadline to submit your information to Nicole is Wednesday, May
> 15.  Nicole can be reached by phone: at (410) 493-4461 or email:
> Ndfinchamshehan at yahoo.com.
> 
> We are just wanting to give you travel options  for you to consider in
> planning your own travel to and from convention. 
> 
> We will have an open convention planning  teleconference on Wednesday, May
> 8,  2019 @ 8pm by dialing: (712) 775-7031, code: 938047311#. All are
> welcome!
> 
> Together, 
> Denise Valkema, President
> National Federation of the Blind of Florida
> President at nfbflorida.org
> (305)972-8529
> WWW.NFBFLORIDA.ORG
> Follow us @nfbflorida
> Live the life you want.
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