[Nfbk] Model White Kane Law

[Joey Couch]

Model White Cane Law
1: It is the policy of this State to encourage and enable the blind,
the visually handicapped, and the otherwise physically disabled to
participate fully in the social and economic life of the State and to
engage in remunerative employment.

2 (a): The blind, the visually handicapped, and the otherwise
physically disabled have the same right as the able-bodied to the full
and free use of the streets, highways, sidewalks, walkways, public
buildings, public facilities, and other public places;


2 (b): The blind, the visually handicapped, and the otherwise
physically disabled are entitled to full and equal accommodations,
advantages, facilities, and privileges of all common carriers,
airplanes, motor vehicles, railroad trains, motor buses, street cars,
boats or any other public conveyances or modes of transportation,
hotels, lodging places, places of public accommodation, amusement or
resort, and other places to which the general public is invited,
subject only to the conditions and limitations established by law and
applicable alike to all persons;

2 (c): Every, totally, or partially blind person shall have the right
to be accompanied by a guide dog, especially trained for the purpose,
in any of the places listed in section 2 (b) without being required to
pay an extra charge for the guide dog; provided that he shall be
liable for any damage done to the premises or facilities by such dog.

3: The driver of a vehicle approaching a totally or partially blind
pedestrian who is carrying a cane predominantly white or metallic in
color (with or without a red tip) or using a guide dog shall take all
necessary precautions to avoid injury to such blind pedestrian, and
any driver who fails to take such precautions shall be liable in
damages for any injury caused such pedestrian; provided that a totally
or partially, blind pedestrian not carrying such a cane or using a
guide dog in any, of the places, accommodations or conveyances listed
in section 2, shall have all of the rights and privileges conferred by
law upon other persons, and the failure of a totally, or partially
blind pedestrian to carry such a cane or to use a guide dog in any
such places, accommodations or conveyances shall not be held to
constitute nor be evidence of contributory negligence.

4: Any person or persons, firm or corporation, or the agent of any
person or persons, firm or corporation who denies or interferes with
admittance to or enjoyment of the public facilities enumerated in
section 2 or otherwise interferes with the rights of a totally or
partially blind or otherwise disabled person under section 2 shall be
guilty of a misdemeanor.

5: Each year, the Governor shall take suitable public notice of
October 15 as White Cane Safety Day. He shall issue a proclamation in
which:

(a) he comments upon the significance of the white cane;

(b) he calls upon the citizens of the State to observe the provisions
of the White Cane Law and to take precautions necessary to the safety
of the disabled;

(c) he reminds the citizens of the State of the policies with respect
to the disabled herein declared and urges the citizens to cooperate in
giving effect to them;

(d) he emphasizes the need of the citizens to be aware of the presence
of disabled persons in the community and to keep safe and functional
for the disabled the streets, highways, sidewalks, walkways, public
buildings, public facilities, other public places, places of public
accommodation, amusement and resort, and other places to which the
public is invited, and to offer assistance to disabled persons upon
appropriate occasions.

6: It is the policy of this State that the blind, the visually
handicapped, and the otherwise physically disabled shall be employed
in the State Service, the service of the political subdivisions of the
State, in the public schools, and in all other employment supported in
whole or in part by public funds on the same terms and conditions as
the able-bodied, unless it is shown that the particular disability
prevents the performance of the work involved.

In some States blind and otherwise disabled persons have been having
difficulty renting, leasing, or buying suitable housing. Another
section (Section 7) is herewith set forth for those States which have
no protection for disabled people in the housing area.

7 (a): Blind persons, visually handicapped persons, and other
physically disabled persons shall be entitled to full and equal
access, as other members of the general public, to all housing
accommodations offered for rent, lease, or compensation in this State,
subject to the conditions and limitations established by law and
applicable alike to all persons.

7 (b): "Housing accommodations" means any real property, or portion
thereof, which is used or occupied or is intended, arranged, or
designed to be used or occupied, as the home, residence, or sleeping
place of one or more human beings, but shall not include any
accommodations included within sub-section (a) or any single family
residence the occupants of which rent, lease, or furnish for
compensation not more than one room therein.

7 (c): Nothing in this section shall require any person renting,
leasing, or providing for compensation real property to modify his
property in any way or provide a higher degree of care for a blind
person, visually handicapped person, or other physically disabled
person than for a person who is not physically disabled.

7 (d): Every totally or partially blind person who has a guide dog, or
who obtains a guide dog, shall be entitled to full and equal access to
all housing accommodations provided for in this section, and he shall
not be required to pay extra compensation for such guide dog but shall
be liable for any damage done to the premises by such a guide dog.

Joey Couch
cell phone 606-216-8033
email
joey.couch at gmail.com
or
ki4vjd at arrl.net
My twitter page can be found at http://www.twitter.com/ki4vjd
facebook joey.couch at gmail.com