[Nyagdu] Legislative Consideration

Sun Jan 17 19:06:58 UTC 2010

thank you, Marion.  I am all for the criminalization resolution.

Margo and Arrow
----- Original Message ----- 
From: "Marion & Martin" <swampfox1833 at verizon.net>
To: "New York Association of Guide Dog Users" <nyagdu at nfbnet.org>
Sent: Sunday, January 17, 2010 9:30 AM
Subject: Re: [Nyagdu] Legislative Consideration

> 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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>>
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>
>
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