[blindlaw] Jury finds IA Dept. for Blind's guide dog policy does not discriminate
Craig R. Anderson
mar.cra at comcast.net
Fri Feb 20 20:47:37 UTC 2009
I don't own a guide dog but nonetheless think the policy at issue in this case to be both legally unsound (why did they need a jury here anyway?) and otherwise quite preposterous. It's supposedly illegal for a governmental entity to deny services to an otherwise eligible recipient solely because the recipient uses a service animal. This is true despite any justification the program's operator may advance for the discrimination. A judge could clearly not get away with excluding from his courtroom a blind witness/lawyer/juror with a guide dog by claiming that the dog's presence would disrupt solemn judicial proceedings. Similarly, a rehab agency ought not be heard to say that a client's use of a guide dog would require some undue alteration of itgs orientation program. That program's purpose, after all, should be not so much to imbue uninitiated participants with a pre-packaged "philosophy" as to impart relevant skills a student hasn't previously learned. A client with a guide dog might well thus dispense with the curriculum's cane travel component and concentrate instead on Braille or computer training -- activities with which noone seriously suggests a dog can interfere. I can't fathom what would be so bad about such tailoring of an orientation program. Regards.
Craig---- Joanne Wilson <JWilson at nfb.org> wrote:
>
> ----------
> From: Brammer, Robert [AG] [mailto:rbrammer at ag.state.ia.us]
> Sent: Thursday, February 19, 2009 1:53 PM
> To: Brammer, Robert [AG]
> Subject: Atty. Gen. release: Jury finds IA Dept.
> for Blind's guide dog policy does not discriminate
>
> To News Editors. From Bob Brammer (Iowa
> Attorney General’s Office – 515-281-6699.)
> Please find a release pasted below. This will be
> posted soon at
> <http://www.iowaattorneygeneral.org/>www.IowaAttorneyGeneral.org
> . A jury entered a verdict Wednesday in this
> case in Polk County District Court.
> Best regards, Bram
> -----------------------------------------------------------------------------
>
> For immediate release – Thursday, February 19, 2009.
> Contact Bob Brammer – 515-281-6699
>
> Jury finds Iowa Department for the Blind’s
> Guide Dog Policy Does Not Discriminate
>
> Des Moines. A Polk County jury has
> rejected a Des Moines woman’s claim that the
> State of Iowa Department for the Blind
> discriminated against her by refusing her request
> to use a guide dog while she attended the
> Department’s orientation and adjustment training program.
>
> The Department for the Blind
> orientation and training program is a
> comprehensive program that utilizes a totally
> non-visual approach to teaching blindness
> skills. Students with partial vision are
> required to wear eyeshades to prevent reliance
> upon any visual cues during training. Department
> policies prohibit the use of any visual aids
> within the orientation and training program,
> including guide dogs. The Department has no
> objection to guide dogs in other situations.
>
> Stephanie Dohmen, who is legally
> blind, attended the program for several months
> beginning in September 2000 and sought to
> re-enter the program in June 2002 accompanied by her guide dog.
>
> Dohmen claimed in her lawsuit that
> the Department’s policy violated her rights under
> the Iowa Civil Rights Act and under federal laws
> that prohibit discrimination on the basis of disability.
>
> After a six-day trial, the
> eight-person jury rejected Dohmen’s claims in a verdict entered Wednesday.
>
>
> The Department for the Blind, which
> was represented in the trial by the Iowa Attorney
> General’s Office, argued that a totally
> non-visual approach – and training without
> assistance of a guide-dog or other visual aids –
> is the most effective approach for
> visually-impaired persons who are learning skills
> and techniques for dealing with blindness.
>
> The Department places no limitations
> upon the use of guide dogs in other settings,
> including in the Department for the Blind
> building in downtown Des Moines. For example,
> Karen Keninger, the Director of the Department,
> uses a guide dog, and the dog accompanied
> Keninger during her testimony at the trial.
>
> The orientation program typically
> includes about six months of full-time training
> in various problem-solving skills, such as
> cane-travel on public streets, using Braille,
> using computers, and dealing with many other situations.
>
> The Department for the Blind’s
> orientation and adjustment program was
> established in 1959 and is considered by many to
> be one of the most effective in the country.
>
> During the trial, the State
> Department for the Blind presented testimony from
> Joanne Wilson and Frederic K. Schroeder, each a
> former Commissioner of the U.S. Rehabilitation
> Services Administration, which oversees programs
> for the blind around the country.
>
> “Iowa’s orientation program
> profoundly changes lives,” said Wilson, who also
> is Executive Director of the National Federation
> of the Blind. “It works. It’s a cutting-edge
> program and a model for other states.” Wilson is
> a Webster City native and ISU graduate who went
> through the Iowa Department for the Blind’s orientation program herself.
>
> Schroeder said: “To me the central
> point is that individuals have a choice in the
> type of training they take. While programs must
> and should make reasonable accommodations, they
> cannot be required to alter the fundamentals of the program.”
>
> - 30 -
>
>
>
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