[stylist] disability law advice

Anita Adkins aadkins7 at verizon.net
Thu Nov 25 00:40:59 UTC 2010


I agree with you on that.  Sorry if I was unclear and made it sound 
otherwise.  I was only voicing my concern that drivers' interaction with 
less skilled blind travelers may cause drivers to feel it is necessary for 
blind people to have more help than is necessary.  My plan is to contact the 
company, to learn what the policies are, and to stress that blind travelers 
should have the right to choose where they prefer to sit and that sighted 
travelers should not be required to move to accomodate blind travelers. 
And, just because I am an educator and not a lawyer, I may volunteer to 
provide a training seminar where I talk about blindness and alternative 
tecchniques of blindness for those who work at the company.  If the policy 
needs change, I may just take the matter to my local NFB group so that 
someone there who is more knowledgeable can figure out the right steps to 
improving the policy.  Again, thanks to all for the advice.  Anita
----- Original Message ----- 
From: "Donna Hill" <penatwork at epix.net>
To: "Writer's Division Mailing List" <stylist at nfbnet.org>
Sent: Wednesday, November 24, 2010 7:32 PM
Subject: Re: [stylist] disability law advice


> Anita,
> I think there's a little line where I may disagree here. The important 
> thing to me is not to limit those who aren't skilled or to force them to 
> get training they don't want, but that the bus company policy should be 
> clear that it is the wishes of the person as an individual not a policy 
> that is imposed unilaterally.
> Let us know how it works out. I'm sure that it is just this kind of 
> interaction and your response to it that makes the difference in 
> grassroots advancements.
>
> Donna
>
> Read Donna's articles on
> Suite 101:
> www.suite101.com/profile.cfm/donna_hill
> Ezine Articles:
> http://ezinearticles.com/?expert=D._W._Hill
> American Chronicle:
> www.americanchronicle.com/authors/view/3885
>
> Connect with Donna on
> Twitter:
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>
> Hear clips from "The Last Straw" at:
> cdbaby.com/cd/donnahill
> Apple I-Tunes
> phobos.apple.com/WebObjects/MZStore.woa/wa/viewAlbum?playListId=259244374
>
> Check out the "Sound in Sight" CD project
> Donna is Head of Media Relations for the nonprofit
> Performing Arts Division of the National Federation of the Blind:
> www.padnfb.org
>
>
> On 11/24/2010 6:16 PM, Anita Adkins wrote:
>> Sounds as if you and I agree.  I am glad I asked the question because you 
>> told me what I had mentally thought to do in the first place.  As someone 
>> who is interested in the field of blindness and in teaching about 
>> blindness, I do want to see what the bus company believes and why they 
>> believe it. Maybe, the bus company has a policy this driver had been 
>> instructed to folow, and he simply believed it to be law.  Either way, I 
>> need to find out what their policy says and educate them about blindness 
>> and why asking a sighted person to move for a blind person is 
>> unacceptable.  Also, I need to be persistent and to insist I be heard 
>> about what it means to be blind.  I agree that if there is such a law, it 
>> needs done away with.  Not being that knowledgeable about laws and how to 
>> learn if they exist, I wanted to bring it up to the list because if such 
>> a law did exist, someone on here would know it.  One thing that crosses 
>> my mind is that blind people who have not received training in 
>> alternative techniques may not be skillful enough to move or control 
>> balance as a result of the bus movement when walking back, and so their 
>> policy might be useful for this person.  But, in my mind, if a blind 
>> rider is not capable of successfully and independently riding the bus in 
>> a safe way, he or she should receive training on how to do so and he or 
>> she should not ride the bus unassisted if he or she is not confident 
>> enough to do so.  My point in reference to requiring a sighted person to 
>> move for a blind person is that blind people are thought of as helpless 
>> with such a procedure, and therefore, the procedure needs to be changed. 
>> Drivers need to be trained.  Also, it seems to me that if we ask someone 
>> to move just so we can sit there, we are saying to them that we are 
>> helpless, and this is why I would rather say thank you, but to move to a 
>> different seat further back.  I have no problem with sitting in the front 
>> seat as I generally prefer it; I do have a problem with someone thinking 
>> I should sit there because I am incapable.  Thanks for your response, and 
>> thanks in advance for all other responses.  Anita
>> ----- Original Message ----- From: "Donna Hill" <penatwork at epix.net>
>> To: "Writer's Division Mailing List" <stylist at nfbnet.org>
>> Sent: Wednesday, November 24, 2010 5:03 PM
>> Subject: Re: [stylist] disability law advice
>>
>>
>>> Hi Anita,
>>> I've been traveling with a guide dog for 40 years, having lived in the 
>>> Philadelphia area for most of that time. I used public transportation a 
>>> lot, and your experience and question bring up many thoughts.
>>>
>>> First, I've never heard of such a law and will be outraged into action, 
>>> if I find it actually exists. The best I can come up with in trying to 
>>> make sense of it is that there might be something about asking someone 
>>> to move if a person has a disability which would make navigating further 
>>> back in the bus particularly difficult. If there is, he could have 
>>> placed his own assumptions upon it and come up with his current beliefs 
>>> that this is necessary for all blind people.
>>>
>>> When I was using the commuter railroads, I often encountered conductors 
>>> who wanted me to sit in the first seat in a given car. I refused. My dog 
>>> was trained to find me an empty seat and I was not about to allow 
>>> someone to tell me where to sit. Additionally, the first seat had less 
>>> floor space for the dog (heat vent, if I recall).
>>>
>>> On the other hand, I had a friend who used a cane and who later became a 
>>> lawyer. I found out one day that she had allowed someone to escort her 
>>> off a bus several blocks before she had intended to get off. She said it 
>>> happened a lot, but she just couldn't get her point across without being 
>>> rude.
>>>
>>> Anyone who knows me knows that I tend to be on the abraisive side. I 
>>> understand the importance of courtesy, but it's a two-way street. I 
>>> often had problems with people grabbing my arm to help me across the 
>>> street. I stood my ground and had an evasive maneuver to get them off 
>>> me. I also insisted on waiting for the next light so my dog could truly 
>>> do his job. Grabbing a person who can't see you and hasn't had the 
>>> benefit of hearing your voice and the courtesy of being asked if they 
>>> want help seems like the height of rudeness and stupidity. How am I 
>>> supposed to know in that instant if the person is seeking me harm. If 
>>> someone was, I wouldn't have but a split second to extract myself from 
>>> the situation.
>>>
>>> I think we all have to make up our own minds about how to handle these 
>>> situations. For your current question, though, I would contact the bus 
>>> company and get the contact info for the highest up person there and 
>>> write about what happened to you, suggesting that drivers may need a bit 
>>> of a refresher course on dealing with people with disabilities. Again, 
>>> if there is a law or something, we need to speak out about it. Black 
>>> people were forced to the back of the bus, and blind people to the 
>>> front. I don't see the difference. In both cases we are asked to accept 
>>> less freedom and inclusion than the general society.
>>> Best,
>>> Donna Hill
>>>
>>>
>>> Read Donna's articles on
>>> Suite 101:
>>> www.suite101.com/profile.cfm/donna_hill
>>> Ezine Articles:
>>> http://ezinearticles.com/?expert=D._W._Hill
>>> American Chronicle:
>>> www.americanchronicle.com/authors/view/3885
>>>
>>> Connect with Donna on
>>> Twitter:
>>> www.twitter.com/dewhill
>>> LinkedIn:
>>> www.linkedin.com/in/dwh99
>>> FaceBook:
>>> www.facebook.com/donna.w.hill.
>>>
>>> Hear clips from "The Last Straw" at:
>>> cdbaby.com/cd/donnahill
>>> Apple I-Tunes
>>> phobos.apple.com/WebObjects/MZStore.woa/wa/viewAlbum?playListId=259244374
>>>
>>> Check out the "Sound in Sight" CD project
>>> Donna is Head of Media Relations for the nonprofit
>>> Performing Arts Division of the National Federation of the Blind:
>>> www.padnfb.org
>>>
>>>
>>> On 11/24/2010 4:01 PM, Anita Adkins wrote:
>>>> Hello everyone,
>>>>
>>>> I am hoping it is okay for me to ask this on this particular list.  It 
>>>> is a writing list, and I prefer to write down my more serious thoughts 
>>>> at times.  I didn't know which list would be appropriate for it, and so 
>>>> please forgive me if this is not the appropriate way to ask about this.
>>>>
>>>> Today, I took the bus to and from another town in my area.  On the way 
>>>> home, I caught the Grene line.  Using my cane, I identified an 
>>>> individual in seat 1 behind the driver.  My other favorite choice is 
>>>> the first seat on the left, but this was also taken.  After this, I 
>>>> just remain on this side and check each seat until an empty one 
>>>> presents itself.  In this case, it was the very next seat, and so I sat 
>>>> down and buckled up.  As I was doing this, the bus driver proceeded to 
>>>> tell the lady who was sitting behind him that it was the law that she 
>>>> move and allow a blind person to have that seat.  Stubborn me 
>>>> immediately spoke up and said that was discriminating against the 
>>>> blind.  It is also probably discriminating against this lady who had 
>>>> every right to sit where she was sitting. Having a sighted person move 
>>>> so a blind person could sit in the front seat is also offensive to the 
>>>> blind because it suggests they are helpless, which is not true.  I 
>>>> tried to tell the driver how this w
>>>>   as discrimination, but he kept speaking about how it was the law and 
>>>> how it would be so dangerous if a blind person was moving back on the 
>>>> bus, and he had to slam on his brakes.  I let him have the last word 
>>>> because having the last word isn't always my goal.  Now, my sollution 
>>>> to this situation is to first identify is such a law does exist.  I 
>>>> think he said it was a federal law, but he may have said public law.  I 
>>>> googled a touch, but one of my weaknesses is dealing with laws and all 
>>>> that, and so I could not find anything.  The rest of my sollution is 
>>>> for us blind to purposefully choose to sit farther back on the bus if 
>>>> the seats in front are taken.  By farther back, I mean in the first 
>>>> available seat we happen to come to.  Also, I believe that training for 
>>>> bus drivers about blindness and somehow building their confidence in 
>>>> the blind is in order. I am not angry with this particular driver 
>>>> because I realize he holds negative views of blindness as a result of 
>>>> the lesson taug
>>>>   ht to him by society.  He was not purposefully discriminating against 
>>>> me, and he certainly wasn't intending to offend me and other blind 
>>>> people.  However, I feel he and other bus drivers need enlightened to 
>>>> our capabilities.  My question for you is:
>>>> What should be done about this?
>>>> One answer is nothing.
>>>> Another answer is just to move back and take up a different seat, 
>>>> refusing to sit in front even if the person does move.  In addition, 
>>>> one would simply say thank you to the person.
>>>> Another sollution would be to train bus drivers about blindness.
>>>> Another answer might to do what I just said, but to include blindness 
>>>> training shades to develop confidence.
>>>> IIn my opinion, the real answer, whether it be dealing with school 
>>>> teachers who will be likely to work with blind children, or public 
>>>> employees who will deal with blind customers, is to train them so that 
>>>> they develop confidence in the blind.  However, I am afraid this real 
>>>> sollution is impossible due to finances and for other reasons.  I think 
>>>> we are changing what it means to be blind over time, and I am hoepful 
>>>> that this attitude of blind people being helpless will decline and 
>>>> disappear in the future.
>>>> Finally, the final sollution might be to make sure there is not a 
>>>> federal or public law stating that sighted passengers must move for a 
>>>> blind passenger.  And, if there is, then this law needs to be 
>>>> eliminated.  How do we do this?  I am extremely inexperienced in this 
>>>> area.  Please share your thoughts and/or expertise on any of this. 
>>>> Maybe, I am overreacting to this situation, and I need to know that as 
>>>> well.  Also, there may be other sollutions that I have not thought of, 
>>>> which is why it is wonderful to have others to listen to my concerns. 
>>>> Thanks.  Happy Thanksgiving to all.  Anita
>>>> Remember, Jesus Loves You.
>>>> Anita Adkins
>>>> 81 E. Mechanic ST
>>>> APT 207
>>>> Frostburg, MD 21532
>>>> p: 301-689-5212
>>>> c: 301-876-8669
>>>> aadkins7 at verizon.net
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