[nfbwatlk] Living History: No Justice for Jackie ... Yet

[Mike Freeman]

Yeah ... remember when we all started chanting: "Guide dogs inside!" and
every last one of them turned in at the next building entrance? <g>

Mike


-----Original Message-----
From: nfbwatlk-bounces at nfbnet.org [mailto:nfbwatlk-bounces at nfbnet.org] On
Behalf Of Albert Sanchez
Sent: Sunday, September 02, 2012 8:55 AM
To: NFB of Washington Talk Mailing List
Subject: Re: [nfbwatlk] Living History: No Justice for Jackie ... Yet

My feet still hurt from that event! What a time we all had, dogs included.
Albert Sanchez
----- Original Message ----- 
From: "Mike Freeman" <k7uij at panix.com>
To: <nfbwatlk at nfbnet.org>
Sent: Sunday, September 02, 2012 11:44 AM
Subject: [nfbwatlk] Living History: No Justice for Jackie ... Yet


> Braille Monitor
> November 1985
>
>
> No Justice for Jackie ... Yet
> But the Battle has Just Begun!
>
>
> by Scott H. Lewis
>
> (The National Federation of the Blind is constantly vigilant to protect 
> the
> rights of the blind. The Federation observes, analyzes, and acts. This is
> true not only at the national level but also at the state and local 
> levels.
> Scott Lewis is a past president of the National Federation of the Blind of
> Washington.)
>
> Last March 9 Jackie Galloway, a blind grandmother living in Port Townsend,
> had never even heard of the National Federation of the Blind. She had 
> never
> thought much about civil rights and blind persons. But then, again, Jackie
> had never had need to. Blindness was still fairly new to her, and she had
> only been using a guide dog for a few months.
>
> But on the afternoon of March 9 Jackie took her two daughters and two
> grandchildren to a theater to see a matinee performance of "Pinocchio," 
> and
> events took place that quite literally changed her life.
>
> The theater's owner, Richard Wiley, met Jackie in the theater lobby and 
> told
> her that dogs were not allowed in the theater--and that there was no
> exception for guide dogs. He told her that her guide dog would have to go,
> but that she could stay. When Jackie tried to show him a copy of
> Washington's White Cane Law, Wiley grew impatient and angry. He lost his
> temper, yelled that there would be no dogs in his theater, and that he
> didn't much care what the law said. Jackie Galloway stood up for her 
> rights.
> She would not agree to be separated from her guide dog to satisfy the
> arbitrary whim of a man who didn't care what the law said. She decided,
> tearfully, to leave. But she decided also to fight for her rights. Jackie
> contacted the Port Townsend police, who cited Wiley for violation of the
> White Cane Law. Then, she contacted the state Human Rights Commission, and
> made a complaint pursuant to the state's law against discrimination.
>
> These two actions generated some attention in the press, and alerted 
> members
> of the National Federation of the Blind to Jackie Galloway's plight.
> Federation representatives contacted Jackie and offered assistance, which
> she accepted.
>
> In addition to the police citation and the Human Rights complaint, the
> Federation helped Jackie file a citizen's complaint charging Wiley with
> assault and reckless endangerment. NFB found her an attorney, and a civil
> lawsuit was filed against Wiley asking money damages for the 
> discrimination
> suffered at the hands of Richard Wiley.
>
> The time came for prosecution. Early in May Jackie and her supporters
> gathered at the Jefferson County courthouse as city attorney Keith Harper
> was prepared to argue the case against Wiley, and Wiley's attorney, Harry
> Holloway, III, was ready to argue for his client. But just before the 
> trial
> was to begin the judge refused to hear the case, claiming that the charges
> brought against Wiley were violations of state law and that a city 
> attorney
> cannot prosecute such violations in a municipal court. The case would have
> to be brought again, the judge said. The case would have to be prosecuted 
> by
> the county prosecuting attorney, and they would have to be brought in
> district court.
>
> Now we faced a new challenge: The city attorney said that the judge was
> wrong, but that he wouldn't appeal. The county prosecutor said he didn't
> think he could prosecute the case, but that he'd think about it.
>
> On July 20 prosecuting attorney John Raymond was still "thinking," but he
> was telling newspaper reporters that he probably wouldn't do anything to
> bring Wiley to trial. So members of NFB from Washington and Oregon, along
> with a number of Jackie's friends and neighbors, gathered again at the
> courthouse to stage what was termed an "old fashioned civil rights march"
> through downtown Port Townsend, to the prosecutors office, and then to the
> "scene of the crime--the Uptown Theater. About sixty persons marched 
> through
> Port Townsend's tourist-packed streets that Saturday afternoon waving
> placards and chanting slogans: "Justice for Jackie!" "Hey Prosecutor, 
> Don't
> Be a Disgrace. We Want Justice in the Galloway Case!" "Ban the Bigot!"
> "Guide Dogs Can Be Trained. Wiley Can't!"
>
> It was a serious demonstration, conducted in support of a cause, even more
> than simply in support of an individual. Yet, it was also festive and
> joyful. It was a day for solidarity, of the blind of the region joining
> together to tell the people of Jefferson County (and through Seattle
> television news, the people of Western Washington) that the blind have
> fought hard to secure their rights by way of laws, and that we would not
> passively sit and watch those rights be diluted.
>
> Wiley and the prosecutor were invited, publicly, to come and speak to the
> group. Prosecutor Raymond chose to go sailing. Wiley spoke to the press
> briefly from his theater, then fled as the marchers drew near.
>
> Two weeks after the march the prosecuting attorney wrote Bill Knebes, a 
> Port
> Angeles attorney NFB helped Jackie retain to fight her legal battle, and
> said that he would not prosecute the case against Wiley. His reasons were
> appalling. Too much time had passed between the incident and early August,
> Raymond said. Secondly, he said that if the law was broken, it was a minor
> violation only and there would likely only be a suspended sentence and no
> fine imposed. Thirdly, Raymond said that Jackie could have her day in 
> court
> when her civil suit was heard.
>
> Look carefully at what the prosecutor said. He had sat on the case too 
> long,
> but the case was not to be prosecuted because too much time had passed. 
> His
> concern was for the people in the theater, and if Jackie Galloway's civil
> rights had been violated, this was too small a matter to concern him.
> Finally, he takes the absurd position that criminal prosecution is
> unnecessary because Jackie can file a civil suit.
>
> In short, the county prosecuting attorney placed a civil rights violation 
> on
> a level lower than a traffic ticket. Even the smallest traffic ticket is
> prosecuted. If a person shoplifts a $2 item from a drugstore, the state
> prosecutes the offense, and then the merchant can file a civil suit. But
> discriminate against the blind in Jefferson County, and you can expect no
> help from the prosecutor.
>
> A message has been sent out, and we cannot ignore that message. You can 
> bet
> that our opponents won't ignore it either. Discrimination may be illegal,
> but it is okay, they 'll say. Laws that aren't enforced are useless.
>
> The battle isn't over. But instead of fighting one theater owner, we have
> been forced now to also fight the one man whose job it is to enforce the
> law. Discrimination takes many forms and often is found in the most 
> unlikely
> places.
>
> The civil trial will not likely be heard until December, 1985, or early
> 1986. NFB has assured Jackie Galloway that she will have everything her
> attorney needs to insure that her case is successful. We will stand with
> her, united, because her cause is truly ours. Nor do we intend to let the
> prosecutor have the final word. NFB of Oregon has contributed funds to 
> help
> support Supreme Court litigation that would force the prosecutor to bring
> criminal charges against Richard Wiley. We are consulting with attorneys 
> who
> specialize in civil rights appeals, and will take such action as is
> appropriate to protect the rights of the blind.
>
> It is important to emphasize that the actions we take in support of Jackie
> Galloway are most valuable in a broader sense. What we do to protect 
> Jackie,
> we do to protect ourselves. Our legal system is based upon precedent. As a
> result, how the courts treat discrimination cases in the future is
> predicated upon how similar cases were treated in the past.
>
> The justice demanded by the marchers has not yet been dealt. But the 
> battle
> is far from over. We have the law on our side, and Jackie Galloway has a
> stout heart. She is becoming a true Federationist, and she recognizes the
> importance of the struggle she is helping to lead.
>
> And in the end there will not only be "Justice for Jackie," but also for 
> all
> of the blind of the state.
>
>
>
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