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

Sun Sep 2 23:56:06 UTC 2012

OH! GOD! Yes! And those of us who were dog users at the time were laughing 
so hard that none of us could correct the dogs!
Albert Sanchez

----- Original Message ----- 
From: "Mike Freeman" <k7uij at panix.com>
To: "'NFB of Washington Talk Mailing List'" <nfbwatlk at nfbnet.org>
Sent: Sunday, September 02, 2012 1:20 PM
Subject: Re: [nfbwatlk] Living History: No Justice for Jackie ... Yet

> 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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