[stylist] disability law advice

Thu Nov 25 12:16:28 UTC 2010

Anita,
    Let me open by saying that, as writers, it is essential for us to 
communicate accurate information and provide an authoritative reference 
where readers can obtain the information needed to support our opinions. Now 
that I have made this topic relevant to the list, I will begin with a 
disclaimer. I am not an attorney; therefore, the information I provide is 
meant as informal guidance only and should not be consttrued as legal 
advice.
    As a guide dog user and president of the National Association of Guide 
Dog Users, I have encountered these sorts of issues frequently. There are no 
laws requiring blind or otherwise disabled individuals - except for those 
who use wheelchairs - to sit in a specific location on a vehicle. The 
exception for those who use wheelchairs is a safety concern, as the 
wheelchair must be secured with a "four point restraint" to avoid the 
wheelchair's shifting during transportation.
    Most providers of public transportation post a sign over the front seats 
to the effect that those seats are reserved for the elderly and individuals 
with disabilities. Though such seats may be "reserved", there are no 
requirements that an individual with a disability must sit in that seat nor 
that another patron must relinquish this seat for another, with the 
aforementioned exception for individuals who use wheelchairs.
    Let me parenthetically state that these seats are often side-facing 
seats that cause me to become motion sick and there is generally no place 
for a service animal to get out of the aisle, creating a safety concern for 
other patrons and the service animal. In adition, the first seats usually 
have the previously mentioned restraints attached to the floor, a safety 
concern for guide dog users whose dog may be injured should the vehicle need 
to make an abrupt stop, as well as reducing the amount of floor space 
available for the service animal.
    The Americans with Disabilities Act (ADA) seems to make it clear that we 
cannot be required to sit in a designated seat. Section 501(d) states

"Nothing in this Act shall be construed to require an individual with a 
disability to accept an accommodation, aid, service,

opportunity, or benefit which such individual chooses not to accept." (42 
USC 12201)

    Furthermore, the United States Constitution provides that federal law is 
the supreme law of the land and no entity may make a law or policy that is 
not congruent with federal laws.

"This Constitution, and the Laws of the United States which shall be made in 
Pursuance thereof; and all Treaties made, or which shall be made, under the
Authority of the United States, shall be the supreme Law of the Land; and 
the Judges in every State shall be bound thereby, any Thing in the 
Constitution
or Laws of any State to the Contrary notwithstanding." (Article VI, Section 
1, Clause 2)

This clause of the Constitution is further supported by the Fourteenth 
Amendment which states

"No State shall make or enforce any law which shall abridge the privileges 
or immunities of citizens of the United States."

My personal advice is that yu file a complaint with the transit company's 
customer service department. Should this issue be investigated by the 
Federal Transit Authority, this (and other) complaints will be valuable 
evidence. I would also send written correspondence to the highest ranking 
individual with the company responsible for customer service, as well as 
their legal counsel, asking for a written response outlining the company's 
policy on this issue, as well as what measures will be taken to correct this 
issue. If the response you receive from the company is not satisfactory and 
in compliance with the aforementioned law, I would file a complaint with the 
Federal Transit Authority, as well as the Department of Transportation in 
the state in which this incident occured.

    I hope this guidance has been helpful to you. If you would like more 
information, please feel free to write to me off-list at

President at NAGDU.ORG

Fraternally yours,

Marion Gwizdala

----- Original Message ----- 
From: "Anita Adkins" <aadkins7 at verizon.net>
To: "Writer's Division Mailing List" <stylist at nfbnet.org>
Sent: Wednesday, November 24, 2010 4:01 PM
Subject: [stylist] disability law advice

> 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 was
> 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 taught 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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