[NAGDU] FW: [Njagdu] Blind woman and guide dog kicked off American Airline flight

Julie McGinnity kaybaycar at gmail.com
Mon Mar 20 17:04:07 UTC 2017


Hi all,

There are a few different issues here.  First, I hope we can all agree
that airline personelle need better training.  I would prefer that we
write a resolution demanding that they receive training on the law and
respectful treatment of people with disabilities rather than asking
that they punish uncooperative flight crues more harshly.  These
people must learn the law in order to uphold it, and clearly, the
airlines aren't doing their best to educate their staff.

As for how we act when we encounter these situations...  First, it is
easy enough to contact Sue Martin, talk to those who know her, or
investigate the situation by reading as much as has been produced
about it.  No, we won't know exactly what was said, but we can
investigate enough to inform ourselves.  This is why we have the
blindness community, after all.

I do believe that she has reason to complain, and I wonder how often
this happens and we don't hear about it.  I fly frequently and always
wonder what unfairness will befall me as I travel.  Just yesterday a
flight attendant insisted that she move my dog...  I did not let her,
but no matter how many times I explained to her that I could not let
anyone touch my dog, she still thought she could touch my dog to move
him.  Sometimes people don't want to be educated.

When we advocate for ourselves we walk a fine line between educating
and just being ourselves.  I have straightened out some overly-helpful
individuals by panicking when they grab my dog.  And no, I do not have
to fake the panic.  :)  But somehow when I become testy because I was
given assistance I don't need, I am difficult at an airport.  I enjoy
educating others, but when I am scared, I will not educate anymore.  I
will focus on being comfortable in my own personal space because no
one has the right to take my space away from me.  Otherwise, I educate
until I discover my well-meaning benefactor won't listen to me.  Then
I try my best to move on before I lose my temper.

It is probably wise to decide how we will deal with situations like
Sue Martin faced.  We should plan, and we should (and will) practice
educating others as we live our lives.  But we must know our own
limits.  We maybe blind, but we are people first and foremost.

Let's work on a resolution.  I would do anything I can to make our
travel experiences less stressful and more enjoyable.  How can we go
about demanding that airline personele receive better training?  I
want to help.  If it is up to us that the airlines learn the law, then
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On 3/18/17, Rachel Grider via NAGDU <nagdu at nfbnet.org> wrote:
> Thank you for the recording advice. I will definitely try to find out
> the actual law in this regard.
>
> As for feeding before a flight: I have only flown once with her, the
> trip home from The Seeing Eye. I fed her half of her morning rations
> before leaving, and, following the advice of my instructors, I gave
> her bits of a dog biscuit during take-off and landing. I think that
> next time we fly, I will not give her anything on the flight, but they
> told me it would be good to do that for her first flight too cut down
> on anxiety. I am pretty sure she would have been fine without it,
> though...<div id="DAB4FAD8-2DD7-40BB-A1B8-4E2AA1F9FDF2"><br />
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>
> On 3/18/17, David via NAGDU <nagdu at nfbnet.org> wrote:
>> That is correct, Marion.  If you are in a public space and whomever you
>> are recording is also in public space, you may record.  It is an
>> activity protected under the First Amendment of the U.S. Constitution.
>> No one, even the police, may legally stop you from recording, unless you
>> are creating a public danger or interfering with the lawful activities
>> of others.  You may be prohibited from recording in some security areas
>> and national defense areas, although that is not entirely settled law.
>> If you are stopped from recording in a public space and the issue is
>> important to you, contact the local office of the ACLU.
>>
>> Recording over the telephone, or in any area where there is an
>> expectation of privacy, is another matter and is governed by state law.
>> The laws concerning recording where there is an expectation of privacy
>> vary widely between states.  Some states require the express consent of
>> the other party, and some, only one party needs to know of the
>> recording.  Some only require notice to the other party that the call is
>> being recorded.  Much of the commercial recording by banks and financial
>> institutions is illegal in many states.
>>
>> This is not legal advice, either.  'Just a summary of my understanding
>> of what the law is.
>>
>> David and Claire Rose in Clearwater, FL
>>
>> On 3/18/2017 6:44 AM, NAGDU President via NAGDU wrote:
>>> 	First of all, I offer the usual disclaimer: I am not an attorney.
>>> This information is provided as informal guidance only and should not be
>>> construed as legal advice.  It is my understanding that recording is
>>> legal
>>> provided there is no expectation of privacy. In other words, if one is
>>> on
>>> a
>>> bus, walking along the sidewalk, getting into a cab in front of the
>>> house,
>>> shopping at Walmart, etc., there is no expectation of privacy and,
>>> therefore, should be no prohibition of recording. If, on the other hand,
>>> you
>>> are on the telephone in your home, in a private office, or some other
>>> place
>>> where one would reasonably expect privacy, recording would be illegal. I
>>> believe that the assertion that, if one person is aware that a recording
>>> is
>>> taking place it is legal is a myth. If I am recording a private
>>> conversation, I know the recording is being made but the other person
>>> who
>>> I
>>> am recording may not know. If that person does not give informed consent
>>> when there is an expectation of privacy, making the recording would not
>>> be
>>> legal. The only exception might be a search warrant in which a judge
>>> gives
>>> permission for the recording to take place in an effort to obtain
>>> evidence.
>>>
>>> Fraternally yours,
>>> Marion
>>>
>>>
>>>
>>> Marion Gwizdala, President
>>> National Association of Guide Dog Users Inc. (NAGDU)
>>> National Federation of the Blind
>>> (813) 626-2789
>>> President at NAGDU.ORG
>>>
>>>
>>
>>
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>
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-- 
Julie A. McGinnity
President, National Federation of the Blind Performing Arts Division,
Second Vice President, National Federation of the Blind of Missouri
"For we walk by faith, not by sight"
2 Cor. 7




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