[Ohio-talk] Deborah Kendrick Column Please read

Thu Oct 8 03:46:13 UTC 2015

Hello Cheryl,
I agree with you insofar as legal channels should not be our first 
resort. It would, however, be helpful--I would think anyway--to know 
whether they would even be an option in this instance. The best 
approach, I think, would be to do what the NFB usually does--that is, 
approach the managers of the offending facilities and try to have a 
civil, constructive dialogue with them. If they ignore us or don't take 
us seriously, then perhaps other avenues, including legal action, should 
be considered. I also agree that this conduct harms us insofar as it 
violates our basic dignity and autonomy as presumptively reasonable 
adults who can make such basic decisions for ourselves. The difficulty 
is persuading the sighted public, whose collective attitude is likely to 
be summed up as: "At least you got help, so you're welcome, and why are 
you complaining?" Again, let me emphasize that this is not my 
perspective at all but one that we may and probably will encounter.
With all best wishes,
James
P.S. This thread also reminds me of a recent experience I had during a 
visit to Emory law school, one of the places I was considering before 
picking Ohio state. Upon my arrival, a technician was installing a TTY 
machine and other equipment for use by the deaf in the hotel room, and 
when my wife questioned this at the front desk (I usually handle these 
things myself but had a very pressing engagement), she got a lot of 
attitude in return. Needless to say, the rest of the visit was equally 
unimpressive for reasons not relevant to this discussion.

On 10/7/2015 8:56 PM, Cheryl Fischer via Ohio-talk wrote:
> Hello James,
>
> It's good to see you and your thoughts on Ohio Talk!
>
> I, for one, am not interested in addressing this through legal channels, but I do think we are harmed by such bizarre treatment.
>
> Many of our Country's laws addressing rights of minorities have been established both to inform and to compel people to treat each other with respect. The law provides us with an opportunity and context in which to communicate what we consider respectful or disrespectful, proper or improper, helpful or harmful.
>
> Cheryl
>
> From: Ohio-talk [mailto:ohio-talk-bounces at nfbnet.org] On Behalf Of James Fetter via Ohio-talk
> Sent: Wednesday, October 07, 2015 5:32 PM
> To: NFB of Ohio Announcement and Discussion List
> Cc: James Fetter
> Subject: Re: [Ohio-talk] Deborah Kendrick Column Please read
>
> Dear Cheryl and all,
> I have been following this thread with considerable interest, because I too have had this experience; indeed, it happened to me once at the Cincinnatti airport, and the person "providing assistance" made several entirely inappropriate comments about random women we were passing as well as at least one border-line racist comment. In other words, it seems that these jobs are often given to people who ought not be in any sort of customer service role whatsoever. As for solving this through legal channels, the biggest problem I foresee is that courts may be very skeptical as to whether being ordered to sit in a wheelchair constitutes harm, which, in turn, would make it hard to get any sort of standing to bring a lawsuit. I have just started law school, so I am far from an expert on this matter. I can, however, do some research and let you all know what I find, if that would be helpful.
> All Best,
> James
>
>
> Sent from my iPhone
>
>> On Oct 7, 2015, at 4:05 PM, Cheryl Fischer via Ohio-talk <ohio-talk at nfbnet.org> wrote:
>>
>> Barbara,
>>
>>  From what you write below, we do have the right to refuse an accommodation, which is important and applies to the situation where we are ordered to sit in a wheelchair, but that leaves the question of whether the entity we are asking accommodation from (airline or airport) is then required to provide us a different accommodation of our choosing.
>>
>> I believe that there is another part of the ADA which says that the person with a disability has the right to provide input concerning what accommodation they need or prefer and that their preferred accommodation should be implemented unless it can be shown to be an undue burden.
>> If I am also right about this second point, then putting the two together, we should be able to address this issue successfully.
>>
>> Cheryl
>>
>>
>> -----Original Message-----
>> From: Ohio-talk [mailto:ohio-talk-bounces at nfbnet.org] On Behalf Of
>> barbara.pierce9366--- via Ohio-talk
>> Sent: Wednesday, October 07, 2015 8:12 AM
>> To: NFB of Ohio Announcement and Discussion List
>> Cc: barbara.pierce9366 at gmail.com
>> Subject: Re: [Ohio-talk] Deborah Kendrick Column Please read
>>
>> We were the hold-outs in the passage of the ADA, insisting that a section appear in Title II, I think, that says that a person has the right to refuse any accommodation at any time. We were thinking of being forced into ADA rooms at a hotel or being forced to sit in the handicapped seats at the front of the bus. Jim Gashel can quote the language of the section, and I used to know the citation, but I have forgotten it. I know we can find it if necessary.
>>
>> Barbara
>> Barbara Pierce
>> President Emerita
>> National Federation of the Blind of Ohio Barbara.pierce9366 at gmail.com
>> 440-774-8077
>> The National Federation of the Blind knows that blindness is not the characteristic that defines you or your future. Every day we raise the expectations of blind people, because low expectations create obstacles between blind people and our dreams. You can live the life you zwant; blindness is not what holds you back.
>>
>>> On Oct 6, 2015, at 6:07 PM, Deborah Kendrick via Ohio-talk <ohio-talk at nfbnet.org> wrote:
>>>
>>> Cheryl,
>>> This is fabulous -- your effort to get it and your reminiscing, too.
>>> FYI, I got a call from Disability Right a little while ago, saying they'd seen my column and wondered if I'd like their help.
>>> "Well," I told them, "I do want to sue anyone.  I just want to educate.  But, if you can find somewhere in the ADA or other disability law that people have the right to choose their own accommodations, I'd be grateful to have it."
>>> She said to give them 3-5 days, which kind of stinks, but now that I know you called national center, I'm betting we'll get the info sooner!
>>>
>>> Thanks much and I'll stay most tuned.
>>>
>>> Deborah
>>>
>>> -----Original Message-----
>>> From: Ohio-talk [mailto:ohio-talk-bounces at nfbnet.org] On Behalf Of
>>> Cheryl Fischer via Ohio-talk
>>> Sent: Tuesday, October 06, 2015 5:03 PM
>>> To: 'NFB of Ohio Announcement and Discussion List'
>>> Cc: Cheryl Fischer
>>> Subject: Re: [Ohio-talk] Deborah Kendrick Column Please read
>>>
>>> Deborah,
>>>
>>> I've got a call in to an Anna Kresmar at the Jernigan Institute to try to find this block of text. Now I'm uncertain if it is in the language of the law itself or if it might be in a supporting document explaining how the law was to be implemented. In any case, I remember that 25 years ago, the NFB would not sign on as an organization in support of the Americans with Disabilities Act until and unless such language was added.
>>>
>>> When the ADA was not passed yet, the NFB was getting criticized for it's opposition to the ADA being passed without this language. People feared that without the NFB's support, the Act might not be passed at all. I believe that the language the NFB wanted was finally added, and so the NFB did sign on.
>>>
>>> I bet there are others of us who remember this?
>>>
>>> Cheryl
>>>
>>>
>>>
>>> -----Original Message-----
>>> From: Ohio-talk [mailto:ohio-talk-bounces at nfbnet.org] On Behalf Of
>>> Deborah Kendrick via Ohio-talk
>>> Sent: Tuesday, October 06, 2015 3:42 PM
>>> To: 'NFB of Ohio Announcement and Discussion List'
>>> Cc: Deborah Kendrick
>>> Subject: Re: [Ohio-talk] Deborah Kendrick Column Please read
>>>
>>> Cheryl,
>>> If you could locate that block of text, I would be inclined to send it to the offending airline along with my column.
>>> I didn't name them because I was already over allotted length and to name the bad guy would have led to naming the goodguys, too, and there just wasn't room.  But it has occurred to me that I should figure out how to get this info to the folks who might do something about it.
>>> And Marianne, do please tell us the Philadelphia story!  Reading your last comment has me on the edge of my proverbial seat!
>>>
>>> Deborah
>>>
>>>
>>> -----Original Message-----
>>> From: Ohio-talk [mailto:ohio-talk-bounces at nfbnet.org] On Behalf Of
>>> Cheryl Fischer via Ohio-talk
>>> Sent: Tuesday, October 06, 2015 3:09 PM
>>> To: 'NFB of Ohio Announcement and Discussion List'
>>> Cc: Cheryl Fischer
>>> Subject: Re: [Ohio-talk] Deborah Kendrick Column Please read
>>>
>>> What about the line(s) in the ADA that say that a person with a disability should have say in what accommodation they receive, if any, and that no accommodation that the person with the disability says is inappropriate for them may be forced upon them?  I wonder if a page or so of the ADA with this part highlighted might help, if not at the moment we are treated wrongly, then afterward if we make a public issue of the incident and/or the ongoing problem.
>>>
>>> -----Original Message-----
>>> From: Ohio-talk [mailto:ohio-talk-bounces at nfbnet.org] On Behalf Of
>>> Marianne Denning via Ohio-talk
>>> Sent: Tuesday, October 06, 2015 12:14 PM
>>> To: NFB of Ohio Announcement and Discussion List
>>> Cc: Marianne Denning
>>> Subject: Re: [Ohio-talk] Deborah Kendrick Column Please read
>>>
>>> You are so right about that Barbara.  I don't think the Philadelphia
>>> airport will ever let me back in again because of the reputation I
>>> earned on my last trip through there.  (smile)
>>>
>>>> On 10/6/15, barbara.pierce9366--- via Ohio-talk <ohio-talk at nfbnet.org> wrote:
>>>> This is a home run. I love the way you capture the exhaustion and
>>>> desperation. These things never seem to happen when we are fresh and
>>>> patient.
>>>>
>>>> Barbara
>>>> Barbara Pierce
>>>> President Emerita
>>>> National Federation of the Blind of Ohio
>>>> Barbara.pierce9366 at gmail.com
>>>> 440-774-8077
>>>> The National Federation of the Blind knows that blindness is not the
>>>> characteristic that defines you or your future. Every day we raise
>>>> the expectations of blind people, because low expectations create
>>>> obstacles between blind people and our dreams. You can live the life
>>>> you zwant; blindness is not what holds you back.
>>>>
>>>>> On Oct 5, 2015, at 10:26 PM, Marianne Denning via Ohio-talk
>>>>> <ohio-talk at nfbnet.org> wrote:
>>>>>
>>>>> This is excellent and so true.  Next step, what can we do about this?
>>>>> I have had the same thing happen on many occasions.
>>>>>
>>>>>> On 10/5/15, Eric Duffy via Ohio-talk <ohio-talk at nfbnet.org> wrote:
>>>>>> This is a good read. The problem Deborah describes continues to be
>>>>>> a problem for many of us. Spread the word. Let people know that
>>>>>> Deborah’s experience
>>>>>> is not an    isolated incident. .
>>>>>>
>>>>>> Eric
>>>>>>
>>>>>> Deborah Kendrick commentary: Airports can mean humiliation for
>>>>>> some travelers. A recent midnight flight from San Francisco to
>>>>>> Cincinnati held the elements all blind travelers dread most: The
>>>>>> moment when one disability is mistaken for another, and
>>>>>> deep-rooted misconceptions engender humiliation. When the last
>>>>>> plane landed, I'd been traveling for 13 hours.
>>>>>> It
>>>>>> was 11:00 a.m., and I was exhausted. Here is the scenario. My ride
>>>>>> home is in the cell phone lot. I ask the gate agent if someone can
>>>>>> walk with me.
>>>>>> This is a simple enough request and one I have made hundreds of
>>>>>> times in dozens of airports. I am a blind person carrying a long
>>>>>> white cane. My request is for someone to walk with me who knows
>>>>>> the way. The gate agent is smart, courteous, eager to assist. She
>>>>>> makes the call. ... And another.
>>>>>> ...
>>>>>> And another. When five minutes has gone by, I am impatient. At
>>>>>> ten, I am agitated. At twenty, with a red-eye flight behind me and
>>>>>> the knowledge that my ride home is just a few minutes' walk away,
>>>>>> I am close to meltdown. I hear the agent say into the phone, "No,
>>>>>> she doesn't need a wheelchair.
>>>>>> Just
>>>>>> needs someone to walk with her. At 25 minutes, the somewhat
>>>>>> embarrassed gate agent comes over where I am leaning on the wall,
>>>>>> trying not to cry, wishing I weren't so tired and could just start
>>>>>> walking, exploring, figuring it out.
>>>>>> "The problem," she informs me, "is that they won't come unless you
>>>>>> will sit in the wheelchair. She is apologetic, sees the folly of
>>>>>> this supposed "rule". But I am ready to disassemble with fatigue
>>>>>> and humiliation and thus I acquiesce. The young woman who comes
>>>>>> with the wheelchair tells me that if I don't sit in it, she will be fired.
>>>>>> She will either leave me here or I will ride. I sit down. For the
>>>>>> half-mile distance from gate to exit, I pray no one sees me who
>>>>>> knows me. Don't get me wrong. There is no shame in using a
>>>>>> wheelchair. For my friends who use them with purpose, the
>>>>>> wheelchair is a tool of freedom and flight and euphoria. No, for
>>>>>> me, the shame was rooted in the fear that others would think me a
>>>>>> shirker, a faker, a jerk able to walk who commandeered some
>>>>>> deserving passenger's wheelchair. The subtext here, the message
>>>>>> conveyed, is
>>>>>> this: Because I happen to be blind, I am not worthy of the same
>>>>>> respect as any other paying passenger. If I need assistance, I
>>>>>> will shut up, sit down, be addressed like a child (or piece of
>>>>>> furniture), and be grateful. This, regrettably, is not an isolated
>>>>>> incident. I have scores of stories from others - blind lawyers,
>>>>>> athletes, and CEO's -- recounting similar nightmares. Kaiti
>>>>>> Shelton, a University of Dayton music therapy major, returned from
>>>>>> a college abroad trip in June. The emotional high sparked by
>>>>>> success in another country, the joy of having been treated as an
>>>>>> equal by the residents there and her fellow college students,
>>>>>> plummeted quickly in an American airport. She, too, was given the
>>>>>> ultimatum "no wheelchair, no assistance. Eric Duffy of Columbus,
>>>>>> president of the National Federation of the Blind of Ohio, says
>>>>>> the wheelchair argument has happened more times than he can count.
>>>>>> "I can be coming back from a powerfully positive experience,
>>>>>> meeting with members of Congress on Capitol Hill or participating
>>>>>> in negotiations with other leaders, and then the [emotional]
>>>>>> balance shifts at the airport. The disrespect leaves me feeling
>>>>>> insulted and angry. The only consistency in flying, if you happen to be blind, is inconsistency.
>>>>>> Sometimes, the curb to curb process is rich with encounters of
>>>>>> mutual respect, jumpstarting your business trip or vacation with a
>>>>>> general love of humankind. Another time, the misconceptions held
>>>>>> by airport workers result in degradation. You are grabbed, pulled,
>>>>>> talked about in the third person, and given inappropriate
>>>>>> "assistance". One TSA worker might allow you to move through the
>>>>>> line without any particular notice, while another wants to hold
>>>>>> your hands and talk to you in the sing-song tones reserved for
>>>>>> preschoolers. One flight attendant might order you into the
>>>>>> bulkhead row while another just as quickly orders you out of it.
>>>>>> One day you might ask for someone to walk to the gate with you and
>>>>>> the employee who arrives is so engaging that you have exchanged
>>>>>> life stories by the time you arrive. And another day, the request
>>>>>> results in a stripping of dignity.
>>>>>> Disability awareness varies widely from one airline/airport to another.
>>>>>> Not
>>>>>> surprisingly, that difference seems to be in direct correlation to
>>>>>> the source of training for employees. If you want to know how best
>>>>>> to treat people with disabilities, ask them. And then listen to what they say.
>>>>>> Deborah Kendrick is a Cincinnati writer and advocate for people
>>>>>> with disabilities. .
>>>>>>
>>>>>>
>>>>>> _______________________________________________
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>>>>>> e
>>>>>> nningweb.com
>>>>>
>>>>> --
>>>>> Marianne Denning, TVI, MA
>>>>> Teacher of students who are blind or visually impaired
>>>>> (513) 607-6053
>>>>>
>>>>> _______________________________________________
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>>>>> e
>>>>> 9366%40gmail.com
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>>> --
>>> Marianne Denning, TVI, MA
>>> Teacher of students who are blind or visually impaired
>>> (513) 607-6053
>>>
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