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

[Marion & Martin]

Wayne,
    do you have a copy of the Texas statute? If so, would you please send it 
to the list and to my NFB account?
president at nfb-nagdu.org

Fraternally,
Marion


----- Original Message ----- 
From: "Wayne Merritt" <wcmerritt at gmail.com>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Saturday, June 06, 2009 2:30 PM
Subject: Re: [nagdu] Woman with guide dog says civil rights were violated


> 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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>
>
> -- 
> My blog:
> http://wayneism.blogspot.com
> My websites:
> www.wayneism.com
> www.whitecaneday.org
>
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