[nfbmi-talk] FW: [Chapter-presidents] Orange cane

Sun Nov 13 02:52:09 UTC 2011

I think that canes should be neon orange or yellow.  I always put stuff on 
top of my canes so I know who's they are as well!  I have a goofy on one and 
a yoda on the other.  People who know me automatically know my canes!
----- Original Message ----- 
From: "Fred wurtzel" <f.wurtzel at comcast.net>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Saturday, November 12, 2011 9:09 PM
Subject: [nfbmi-talk] FW: [Chapter-presidents] Orange cane

Hello,

To me, the only purpose for the whiteness of a cane is for others.  It in no
way makes it more useful as a travel aid.  I have put a red ribbon around my
cane in a spiral around Christmas to make it more festive.  Mary puts things
on the top of hers to decorate it and to distinguish it from other people's
canes.

Each state has different laws.  In michigan drivers must stop within 15 feet
of a person carrying a white cane.  This does not mention whether the blind
person is in a cross walkor crossing randomly in the middle of rush hour
traffic.  personally, I would not wish to test the legal knowledge of
drivers on this 15 foot rule.

Warmest Regards,

Fred

From: chapter-presidents-bounces at nfbnet.org
[mailto:chapter-presidents-bounces at nfbnet.org] On Behalf Of Mike Klimisch
Sent: Saturday, November 12, 2011 7:30 PM
To: NFB Chapter Presidents discussion list
Subject: [Chapter-presidents] Orange cane

In a way it's interesting all this is coming up. When I was a student at
BLIND in Minneapolise on St. Patrick's Day we went to see the big parade St.
Paul has. One student decided to evoke curiosity by putting a bright
fluorescent tape on his cane while no one else did. There was not one person
who asked questions until we were on a bus heading back to the student
apartments. One of the passengers saw about 4 or 5 of us on this particular
bus and was asking questions about blindness and stuff. He asked us why we
had white canes and why the one guy's was orange. The student with the
orange cane explained that he did it as a joke and to see if anyone would
say or ask questions about it.

For those of you who remember Andy Virdin, he told me a story where he had a
really old cane that had turned a sickly greenish-yellow as I have seen some
very old NFB canes that were painted. He was using this cane when he was
stopped by a cop who told Andy he couldn't use his cane unless he could get
it to turn bright white.

Also of note, some state laws for motorists to stop for us are very
particular where, such as streets, alleys, or other public crossings where
motorists go. Others say only when a driver comes in contact with us and
does not state where. We had an article in our local newspaper about White
Cane safety and the police gave the impression that a blind person could
cross wherever they need to.

I looked into what it said about South Dakota and the state codified law
states the following:

Here are some web links to bookmark and look at. The first site is in regard
to service animals in South Dakota codified laws. There are some links
toward the bottom about harassment of people with service animals. (40-1-38,
40-1-39, 40-1-40).

Hope this info is helpful.

http://www.animallaw.info/statutes/stussdguidedoglaws.htm

Next is a link concerning traffic. The ones worth reading are 32-27-1,
32-27-6, 32-27-7, and 32-27-8.

http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=32-27
<http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=32-27&Type=St
atute> &Type=Statute

Note that 32-27-7 states "the driver of every vehicle approaching the
intersection, or place where such pedestrian is attempting to cross, shall
bring his vehicle to a full stop before arriving at such intersection or
place of crossing"

Here is what the laws say regarding pedestrians in 32-27-1

32-27-1

Yielding right-of-way to pedestrian making proper crossing--Regulated
intersections--Violation as petty offense. The driver of any vehicle upon a
highway within a business or residence district shall yield the right-of-way
to a pedestrian crossing the highway within any clearly marked crosswalk or
any regular pedestrian crossing included in the prolongation of the lateral
boundary lines of the adjacent sidewalk at the end of a block, except at
intersections where the movement of traffic is being regulated by traffic
officers or traffic direction devices. However, no pedestrian may suddenly
leave a curb or other place of safety and walk or run into the path of a
vehicle which is so close as to constitute an immediate hazard. A violation
of this section by a driver is a petty offense.

Source: SDC 1939, § 44.0318; SL 1945, ch 188; SL 1989, ch 255, § 184; SL
2010, ch 167, § 1.

23-27-1.1

 Pedestrian defined. The term, pedestrian, when used in this chapter means
any person moving or traveling on foot, including any person wearing roller
skates, riding on a skateboard, or riding on an electric personal assistive
device.

Source: SL 1987, ch 237; SL 2002, ch 161, § 4.

Regarding blindness

32-27-7

Duty of motorist to stop for pedestrian carrying cane or guided by
dog--Violation as misdemeanor. Whenever a pedestrian is crossing or
attempting to cross a public street or highway, guided by a guide dog or
carrying in a raised or extended position a cane or walking stick which is
white in color or white tipped with red, the driver of every vehicle
approaching the intersection, or place where such pedestrian is attempting
to cross, shall bring his vehicle to a full stop before arriving at such
intersection or place of crossing, and before proceeding shall take such
precautions as may be necessary to avoid injuring such pedestrian. A
violation of this section is a Class 2 misdemeanor.

Source: SL 1949, ch 176, §§ 2, 4; SDC Supp 1960, §§ 44.0318-1, 44.9932; SDCL
§ 32-27-9; SL 1980, ch 232.

Regarding blind persons not carrying a cane:

32-27-8

Rights of blind persons not carrying cane or guided by dog--Contributory
negligence. Nothing contained in § 32-27-6 or 32-27-7 shall be construed to
deprive any totally or partially blind or otherwise incapacitated person,
not carrying such a cane or walking stick or not being guided by a dog, of
the rights and privileges conferred by law upon pedestrians crossing streets
or highways, nor shall the failure of such totally or partially blind or
otherwise incapacitated person to carry a cane or walking stick, or to be
guided by a guide dog upon the streets, highways, or sidewalks of this
state, be held to constitute nor be evidence of contributory negligence.

Source: SL 1949, ch 176, § 3; SDC Supp 1960, § 44.0318-1.

Impersonating a blind person

32-27-6

Blind persons--Use of cane by sighted persons as petty offense. It is a
petty offense for any person, unless totally or partially blind or otherwise
incapacitated, while on any public street or highway, to carry in a raised
or extended position a cane or walking stick which is white in color or
white tipped with red.

Source: SL 1949, ch 176, §§ 1, 4; SDC Supp 1960, §§ 44.0318-1, 44.9932; SDCL
§ 32-27-9.

I did a search on codified laws on blindness. Don't know if this link will
work.

http://legis.state.sd.us/statutes/StatutesTextSearch.aspx

A search on stuff about service animals.

http://legis.state.sd.us/statutes/StatutesTextSearch.aspx

This is what I found pertaining to the city of Sioux Falls in the 2006 Sioux
Falls Pedestrian Plan

5. Pedestrians who are blind with a guide dog or white guide cane in an
extended

position shall be allowed the right-of-way to cross the street by all
vehicles.

(SDCL 32-27-7)

There is an ordinance of 40-298 which states this:

Sec. 40-298.  Pedestrian's right-of-way.

(a)     The driver of any vehicle upon a highway within a business or
residence district shall yield the right-of-way to a pedestrian crossing
such highway within any clearly marked crosswalk or any regular pedestrian
crossing included in the prolongation of the lateral boundary lines of the
adjacent sidewalk at the end of a block, except at intersections where the
movement of traffic is being regulated by traffic officers or traffic
direction devices.

(b)     Whenever any vehicle has stopped at a marked crosswalk or at any
intersection to permit a pedestrian to cross a roadway, it shall be unlawful
for the operator of any other vehicle approaching from the rear to overtake
and pass such stopped vehicle.

(1957 Rev. Ords., § 13.111)

State law references: Similar provisions, SDCL 32-27-1.

Sorry so long and a lot of info but might give folks insight and get
curiosity growing concerning what your city/state says about us.

-- 
Mike Klimisch
The Falls Chapter
NFB of Sioux Falls, SD
fallsnfb at gmail.com

phone 605 339-9207

Falls chapter meeting place: (Usual)

Caille Library

4100 S. Carnegie Circle

SF, SD  57105

Library phone (605) 367-8144

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