[stylist] disability law advice

Thu Nov 25 20:27:53 UTC 2010

Way to go, Marion! I knew there was an applicable section somewhere, but 
had no idea what it was.
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:
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 11/25/2010 7:16 AM, Marion Gwizdala, M.S. wrote:
> 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
>> _______________________________________________
>> Writers Division web site:
>> http://www.nfb-writers-division.org 
>> <http://www.nfb-writers-division.org/>
>>
>> stylist mailing list
>> stylist at nfbnet.org
>> http://www.nfbnet.org/mailman/listinfo/stylist_nfbnet.org
>> To unsubscribe, change your list options or get your account info for 
>> stylist:
>> http://www.nfbnet.org/mailman/options/stylist_nfbnet.org/marion.gwizdala%40verizon.net 
>
>
>
> _______________________________________________
> Writers Division web site:
> http://www.nfb-writers-division.org 
> <http://www.nfb-writers-division.org/>
>
> stylist mailing list
> stylist at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/stylist_nfbnet.org
> To unsubscribe, change your list options or get your account info for 
> stylist:
> http://www.nfbnet.org/mailman/options/stylist_nfbnet.org/penatwork%40epix.net 
>
>
>
>
>
> E-mail message checked by Spyware Doctor (7.0.0.514)
> Database version: 6.16380
> http://www.pctools.com/en/spyware-doctor-antivirus/
>

E-mail message checked by Spyware Doctor (7.0.0.514)
Database version: 6.16380
http://www.pctools.com/en/spyware-doctor-antivirus/