[Nyagdu] Legislative Consideration

Sun Jan 17 14:30:20 UTC 2010

Cheryl,
    we did not introduce the resolution last year; however, we will do so 
this year.

Fraternally yours,
Marion


----- Original Message ----- 
From: "cheryl echevarria" <cherylandmaxx at hotmail.com>
To: "New York Association of Guide Dog Users" <nyagdu at nfbnet.org>
Sent: Saturday, January 16, 2010 11:43 AM
Subject: Re: [Nyagdu] Legislative Consideration


> Albert:
>
> We have been working on this, I was not at convention last year, but I 
> believe and Marion can correct me, but we have resolution put before the 
> NFB Board of Directors to work on this.
>
> Again, if I am wrong can someone correct me.
>
> If I was so presented, which I will look again, it would be in the 
> August/September or October/November 2009 Edition of the Braille Monitor 
> and can be downloaded or read on the NFB.org website.
>
> Cheryl Echevarria
> Independent Contractor
> www.Echevarriatravel.com
> 1-866-580-5574
> Reservations at echevarriatravel.com
> Affiliated as an Independent Contractor with Montrose Travel 
> CST-1018299-10
>
>
> ----- Original Message ----- 
> From: "Albert J Rizzi" <albert at myblindspot.org>
> To: "'Marion & Martin'" <swampfox1833 at verizon.net>; "'New York Association 
> of Guide Dog Users'" <nyagdu at nfbnet.org>
> Sent: Saturday, January 16, 2010 11:44 AM
> Subject: Re: [Nyagdu] Legislative Consideration
>
>
>> Boy oh boy, merry has had a tough go of it as of late.  I would whole
>> heartedly support any measure to extend the types of protections as are
>> afforded in Florida.  It should be unlawful to represent ones self or 
>> their
>> animal as individuals  or animals afforded protection under the ADA.
>> Perhaps we could start a nation wide campaign to ask all states to adopt
>> legislation like that of Florida. Consistency from state to state would 
>> be a
>> key factor and should be a concern included in our dialogues going 
>> forward.
>> I would be all to happy to open a conversation with the proper state
>> officials here in new york to start that ball rolling when appropriate.
>> Would you think that addressing this issue as a violation of the ADA 
>> would
>> be best addressed at the federal level or the state?
>>
>> Albert J. Rizzi, M.Ed.
>> CEO/Founder
>> My Blind Spot, Inc.
>> 90 Broad Street - 18th Fl.
>> New York, New York  10004
>> www.myblindspot.org
>> PH: 917-553-0347
>> Fax: 212-858-5759
>> "The person who says it cannot be done, shouldn't interrupt the one who 
>> is
>> doing it."
>>
>>
>> Visit us on Facebook LinkedIn
>>
>>
>> -----Original Message-----
>> From: nyagdu-bounces at nfbnet.org [mailto:nyagdu-bounces at nfbnet.org] On 
>> Behalf
>> Of Marion & Martin
>> Sent: Saturday, January 16, 2010 11:11 AM
>> To: FLAGDU List
>> Cc: NYAGDU List; NAGDU List
>> Subject: [Nyagdu] Legislative Consideration
>>
>> Dear All,
>>     Last week, someone claiming protection under the ADA brought what 
>> they
>> purported to be a service animal onto a Hillsborough Area Regional 
>> Transit
>> (HART) vehicle and this animal bit the employee. Though we are unclear 
>> about
>> all of the circumstances, such as if it was a fixed route or para transit
>> vehicle or if the dog was a legitimate service animal, the incident has
>> caused some issues.
>>     When Merry was coming home from her internship last Wednesday, the
>> operator told her she needed to provide documentation for Kappie, which 
>> she
>> refused to do. He refused to move the vehicle while he contacted the
>> dispatcher. ITM, Merry called me concerning this. When I called the
>> dispatcher, I was told that HART had implemented a new policy that "all
>> animals, including service animals, must show proof of vaccination" (his
>> words). I advised him that such a policy was in violation of the ADA, to
>> which he asserted it was not. When I asked him if he was an attorney, he
>> said he was not but he would be happy to transfer me to HART's legal
>> counsel. He also told me that Merry could ride this time, but would need 
>> to
>> provide such documentation  of vaccination the next time she traveled.
>>     I left a message for HART's counsel, Sylvia Berrien,  and received a
>> return call the following morning. I have discussed this issue with Ms.
>> Berrien, with HART's  Director of Customer Service, Sylvia Castillo, and
>> Katherine Eagan, HART's Chief of Route Development, all of whom 
>> apologized
>> for the incident, assured me that there was no such policy, and 
>> immediately
>> issued a memorandum to all HART operators concerning this.
>>     This all leads me to the subject of this message. Florida statute
>> 316.1301, Commonly known as the "White Cane Law", states in paragraph 
>> (1),
>> "It is unlawful 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. A person who is convicted of a violation 
>> of
>> this subsection is guilty of a misdemeanor of the second degree". In
>> addition to this incident (HART seems to believe this animal was not a
>> service animal under the definition of the ADA), we have encountered 
>> others
>> claiming their pets were service animals in order to gain access with 
>> them.
>>     How would you feel about a measure to create a criminal penalty for
>> those who pass their pets off as service animals in order to gain access
>> with them, similar to those provisions mentioned above? I am also
>> circulating this message to other affiliate divisions and to the NAGDU 
>> list
>> to gain input on this issue. All comments are invited!
>>
>>
>>
>> Fraternally yours,
>>
>> Marion Gwizdala, President
>>
>> National Association of Guide Dog Users
>>
>> National Federation of the Blind
>>
>>
>>
>>
>>
>>
>>
>>
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>
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