[nagdu] Legislative Consideration

Sat Jan 16 22:27:46 UTC 2010

yah good one for you Cheryl!

Julie Phillipson
----- Original Message ----- 
From: "cheryl echevarria" <cherylandmaxx at hotmail.com>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Saturday, January 16, 2010 11:19 AM
Subject: Re: [nagdu] Legislative Consideration

> Well for one, I had to educate my bus driver on the Suffolk County Bus 
> system here a few years ago, and if I wasn't on the bus, this person was 
> probably allowed on.
>
> At one stop on my way to go to the gym, a woman with a pit bull, because 
> the bus driver said it was a pit bull, proceeded to board the bus, and 
> growled at Maxx (my guide dog), the woman said that her dog was a service 
> animal. And as a good guide dog user, and not wanting maxx to get hurt, 
> she said he is a comfort animal, and that she had paperwork, not a card 
> she must have gotten off the internet, again the bus driver told it looked 
> like this for the ADA Laws.  I proceeded to mention that comfort animals 
> are not service animals (working dogs).  She was getting nasty.  At that 
> point, the driver who has known me for years, said that the dog would not 
> be allowed on the bus.  And she said that she would contact the county.  I 
> said I would be glad to do that for you since I have them on my speed dial 
> on my cell phone, which I do, because I am quite friendly with the 
> supervisor.
>
> She called me and the bus driver some names that I cannot put here, and 
> left, yes I feel that there should be something that states a penalty or 
> fine should be imposed on those passing off there dogs or animals as 
> service animals.
>
> Some one like Craig or someone else remind me, isn't that fraud.
>
>
> Cheryl Echevarria
> Independent Contractor
> www.Echevarriatravel.com
> 1-866-580-5574
> Reservations at echevarriatravel.com
> Affiliated as an Independent Contractor with Montrose Travel 
> CST-1018299-10
>
>
> ----- Original Message ----- 
> From: "Marion & Martin" <swampfox1833 at verizon.net>
> To: "FLAGDU List" <flagdu at nfbnet.org>
> Cc: "NYAGDU List" <nyagdu at nfbnet.org>; "NAGDU List" <nagdu at nfbnet.org>
> Sent: Saturday, January 16, 2010 11:10 AM
> Subject: [nagdu] Legislative Consideration
>
>
>> Dear All,
>>     Last week, someone claiming protection under the ADA brought what 
>> they purported to be a service animal onto a Hillsborough Area Regional 
>> Transit (HART) vehicle and this animal bit the employee. Though we are 
>> unclear about all of the circumstances, such as if it was a fixed route 
>> or para transit vehicle or if the dog was a legitimate service animal, 
>> the incident has caused some issues.
>>     When Merry was coming home from her internship last Wednesday, the 
>> operator told her she needed to provide documentation for Kappie, which 
>> she refused to do. He refused to move the vehicle while he contacted the 
>> dispatcher. ITM, Merry called me concerning this. When I called the 
>> dispatcher, I was told that HART had implemented a new policy that "all 
>> animals, including service animals, must show proof of vaccination" (his 
>> words). I advised him that such a policy was in violation of the ADA, to 
>> which he asserted it was not. When I asked him if he was an attorney, he 
>> said he was not but he would be happy to transfer me to HART's legal 
>> counsel. He also told me that Merry could ride this time, but would need 
>> to provide such documentation  of vaccination the next time she traveled.
>>     I left a message for HART's counsel, Sylvia Berrien,  and received a 
>> return call the following morning. I have discussed this issue with Ms. 
>> Berrien, with HART's  Director of Customer Service, Sylvia Castillo, and 
>> Katherine Eagan, HART's Chief of Route Development, all of whom 
>> apologized for the incident, assured me that there was no such policy, 
>> and immediately issued a memorandum to all HART operators concerning 
>> this.
>>     This all leads me to the subject of this message. Florida statute 
>> 316.1301, Commonly known as the "White Cane Law", states in paragraph 
>> (1), "It is unlawful for any person, unless totally or partially blind or 
>> otherwise incapacitated, while on any public street or highway, to carry 
>> in a raised or extended position a cane or walking stick which is white 
>> in color or white tipped with red. A person who is convicted of a 
>> violation of this subsection is guilty of a misdemeanor of the second 
>> degree". In addition to this incident (HART seems to believe this animal 
>> was not a service animal under the definition of the ADA), we have 
>> encountered others claiming their pets were service animals in order to 
>> gain access with them.
>>     How would you feel about a measure to create a criminal penalty for 
>> those who pass their pets off as service animals in order to gain access 
>> with them, similar to those provisions mentioned above? I am also 
>> circulating this message to other affiliate divisions and to the NAGDU 
>> list to gain input on this issue. All comments are invited!
>>
>>
>>
>> Fraternally yours,
>>
>> Marion Gwizdala, President
>>
>> National Association of Guide Dog Users
>>
>> National Federation of the Blind
>>
>>
>>
>>
>>
>>
>>
>>
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>>
>
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