[Njagdu] [Fwd: [nagdu] Resolution Concerning Service Animals]

[Tracy Carcione]

Below is a message our NAGDU president, Marion Gwizdala, sent to the NAGDU
list regarding a resolution he is bringing to the national convention.
Tracy


---------------------------- Original Message ----------------------------
Subject: [nagdu] Resolution Concerning Service Animals
From:    "Marion Gwizdala" <blind411 at verizon.net>
Date:    Tue, June 29, 2010 8:49 pm
To:      "NAGDU List" <nagdu at nfbnet.org>
         ""FLAGDU List"" <FLAGDU at NFBNET.ORG>
--------------------------------------------------------------------------

Dear All,
    Pasted below and attached to this message is a resolution we will
present at the 2010 annual meeting of the National Association of
Guide Dog Users and to the general assembly. Please take the time to
read this resolution and ask any questions you may have. The
membership will be asked to vote on endorsing this resolution before
it is presented to the entire convention.

fraternally yours,
Marion Gwizdala, President
National Association of Guide Dog Users
National Federation of the Blind
813-626-2789
Blind411 at Verizon.net



RESOLUTION 2010-XX

Regarding Civil Rights Protection of Blind Persons

and Their Service Animals in Public Accommodations

Proponent: Marion Gwizdala





WHEREAS, the purpose of the National Federation of the Blind is "the
removal of the legal, social, and economic barriers faced by the blind" so
that we will achieve "full integration into society on terms of equality";
and



WHEREAS, discrimination by places of public accommodation is one of the
barriers faced by the blind, especially among those who choose to use a
guide dog as their mobility tool; and



WHEREAS, state laws vary in the protection from discrimination that they
offer to their blind citizens; and



WHEREAS, the Americans with Disabilities Act (ADA) prohibits
discrimination on the basis of disability in public accommodations and
offers greater protection against discrimination than many state laws; and



WHEREAS, many states have laws that contain provisions that are
incongruent with the ADA, such as requirements that service animals must
wear specific gear, provisions for muzzling, requirements for
documentation, language concerning certifications that do not exist, and
prohibitions of service animals in zoos, all of which are considered
discriminatory under the ADA; and



WHEREAS, although the ADA has been in existence for twenty years, many
states have not bothered to change their laws to conform with the ADA; and



WHEREAS, a large majority of states provide criminal penalties for
discrimination on the basis of disability, allowing law enforcement to
intervene, generally resulting in an immediate resolution of such access
issues, while providing appropriate penalties for more serious
infractions; and



WHEREAS, criminal penalties allow for a more expeditious resolution of
such access issues (benefiting the disabled community, in general, and
society as a whole) by addressing discrimination at the local level, while
relieving individuals from the burden of costly litigation and prolonged
civil processes:  Now, therefore,



BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this seventh day of July, 2010, in the city of Dallas, Texas,
that this organization call upon state legislatures to examine their
statutes for parity with the ADA, removing provisions that are not in
conformity with this Federal law; and



BE IT FURTHER RESOLVED that this organization call upon the remaining
states that do not provide criminal penalties for discrimination against
blind guide dog users to more effectively promote and protect the equal
rights of their blind citizens by creating criminal penalties for acts of
discrimination; and



BE IT FURTHER RESOLVED that this organization urge all states to protect
the civil rights of the blind by vigorous enforcement of the law.
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