[nagdu] Woman with guide dog says civil rights were violated

[Wayne Merritt]

Regarding wording of the dog's school, I almost wonder if the whole
incident might have gone differently if the woman had said initially
that she was using a Seeing eye dog. All debate of the true school
affiliation aside, the manager originally asked her if it was a Seeing
Eye dog. Makes me wonder if the whole deal might have gone differently
if she had just answered, "Yes," swallowed her true school name and
related pride, and just gone along with that. After all, as we've
discussed, the average person knows what a Seeing Eye dog is.

Wayne

On 6/6/09, Angie Matney <angie.matney at gmail.com> wrote:
> Hi Jenine,
>
> I could be wrong, but I think Marion was talking about a possible criminal
> case. I think he was suggesting that an attorney might argue that an access
> denial was not a crime if it didn't happen to a team from The Seeing Eye.
> (Having said that, I don't remember if Texas has criminal access-denial
> statutes or not.) In a criminal case, the ADA terminology wouldn't matter,
> but as I said in my other email, I don't think an attorney could win an
> argument on a technicality like that.
>
> -----Original Message-----
> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
> Of Jenine Stanley
> Sent: Saturday, June 06, 2009 11:00 AM
> To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
> Subject: Re: [nagdu] Woman with guide dog says civil rights were violated
>
> Interesting logic, Marion, but federal law trumps state and local laws and
> there's no such mention of the term "Seeing eye" in the ADA. Now I suppose
> if a person just stuck with remedies provided under state law or local law
> and such a term was still in place then it would matter, but hopefully a
> good attorney could also argue against it as well as for it.
>
>
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