[NAGDU] Marion/ dog attack and discrimination
Peter Wolf
pwolf1 at wolfskills.com
Wed Oct 23 17:37:06 UTC 2019
Dear Marion,
I am so sorry to hear of this event, and the behavior you have met.
As you know, I am just one more person in our community who is aware of situations like this, having been refused rides like many, or, summarily kicked out of a business after entering with a service dog. We have dialoged about that. This brings us back to the sacred gift of a particular vulnerability in which we walk, and the gift of the work and bond with our dog, balanced by needing to remain awake to the periodically thin balance between what simply ought to be the normal what is, versus difficulties of, quote, good intention, or mis-informed to mal behavior and imbalance in people, which in recent times as a trend, seems to have become more societally permissible and normalized.
In how I have come to know you, I recognize how your appropriate vigilance and tenacity, are honorable, and will in the end positively affect many more than yourself. I stand with you.
Peter
Connecting With the Wisdom of the Earth
Executive & individual coaching, consultation, and nature-based facilitation
www. Wolf Leadership Institute . com
707. 829 - 0776
> On Oct 23, 2019, at 5:00 AM, nagdu-request at nfbnet.org wrote:
>
> Send NAGDU mailing list submissions to
> nagdu at nfbnet.org
>
> To subscribe or unsubscribe via the World Wide Web, visit
> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> or, via email, send a message with subject or body 'help' to
> nagdu-request at nfbnet.org
>
> You can reach the person managing the list at
> nagdu-owner at nfbnet.org
>
> When replying, please edit your Subject line so it is more specific
> than "Re: Contents of NAGDU digest..."
>
>
> Today's Topics:
>
> 1. Why Pack the Courtroom with Service Dogs? (Marion Gwizdala, )
> 2. Re: Why Pack the Courtroom with Service Dogs? (cindyray at gmail.com)
> 3. Re: Why Pack the Courtroom with Service Dogs? (nellie at culodge.com)
> 4. Re: Why Pack the Courtroom with Service Dogs?
> (mike at michaelhingson.com)
> 5. Update on Our OH service animal legislation
> (marianne at denningweb.com)
> 6. Re: Why Pack the Courtroom with Service Dogs?
> (cape.amanda at gmail.com)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Tue, 22 Oct 2019 16:18:13 -0400
> From: "Marion Gwizdala, " <blind411 at verizon.net>
> To: <flagdu at nfbnet.org>, "NAGDU Mailing List, the National Association
> of Guide Dog Users" <nagdu at nfbnet.org>, <txagdu at nfbtx.org>, "'Colorado
> Association of Guide Dog Users List'" <coagdu at nfbnet.org>, "Cody J.
> Davis" <cjdavis9193 at gmail.com>, "Michigan Guide Dog Users Committee
> List" <micgdu at nfbnet.org>, "New Jersey Association of Guide Dog Users"
> <njagdu at nfbnet.org>, <nyagdu at nfbnet.org>, <oagdu at nfbnet.org>,
> <vagdu at nfbnet.org>, <wagdu at nfbnet.org>
> Subject: [NAGDU] Why Pack the Courtroom with Service Dogs?
> Message-ID: <08ea01d58915$d5ff3b10$81fdb130$@verizon.net>
> Content-Type: text/plain; charset="us-ascii"
>
>
>
> Please circulate the following message as widely as
> appropriate.
>
>
>
>
>
>
>
> For more information concerning the following message,
> please contact
>
>
>
> Marion Gwizdala, President
>
> National Association of Guide Dog Users
>
> National Federation of the Blind
>
> (813) 626-2789
>
> President at NAGDU.ORG
>
>
>
> Dear Service Dog Users and Supporters,
>
>
>
> For some of you, this may be your first reading of this information, so I
> will give a very brief introduction. On March 26, while walking along the
> sidewalk adjoining Tampa's Winston Park, my guide dog was attacked by two
> loose pit bulls. The owner of the dogs got his dogs away from mine, put them
> on a leash, and then came back to taunt my guide dog and me. The owner of
> the dogs has been charged with distracting the work of a service dog and the
> final hearing is tomorrow.
>
> In my earlier message sharing information about tomorrow's hearing resulting
> from the intentional distraction of my guide dog, there was a whole lot more
> to the story that I wanted to share but did not. After considering it, I
> thought the best approach was to give others the information and the
> opportunity to act. If you agree what happened in the courthouse is shocking
> and want to help shed light on the pervasive problems the following letter
> to the Hillsborough County Sheriff's Office uncovers, please join us on
> October 23 at 800 E. Twiggs Street, Courtroom 300 at 8:45 a.m.
>
>
>
> June 20, 2019
>
>
>
> Detective Jennifer Sands
>
> Professional Standards Section
>
> Hillsborough County Sheriff's Office
>
> 2008 East 8th Avenue
> Tampa, Florida 33605
>
> Dear Det. Sands,
>
>
>
> Thank you for the time you took to speak with me this afternoon. I
> am writing to express my concerns over the manner in which I was treated by
> Judge Manning and his staff, including his bailiff and Master Sargeant James
> Escobio on Thursday, June 20, 2019. It may be valuable to understand that
> This sort of dismissive, offensive, and condescending attitude is typical of
> the conduct we experience nearly every time we attempt to protect our civil
> rights. It is our hope that this incident will attract the attention of
> those who are as offended with the treatment as I! On the aforementioned
> date, I attended Court to observe the proceedings of a case in which I am
> the plaintiff. When I exited the elevator to make my way to Courtroom 300,
> what I assume was another service dog lunged and barked at my dog. As I was
> making my way to the courtroom, I noticed there was another service dog in
> the aisle when I heard the handler tell the dog, "Leave it!". While standing
> outside the courtroom, a male approached me and asked me to follow him. I
> asked what this was about and was told he was escorting me to the podium to
> hear my case. I told him I did not have a case; I was only there to observe.
> He advised me that I could not be in the courtroom because there might be
> other service dogs and they did not want to have a fight. I advised him
> that, should there be an altercation, the offending dog should be removed
> and I should not be restricted from sitting in the courtroom. He told me
> there was a safety issue and I replied that this safety issue did not
> involve me. I told him at that time that not permitting me to sit in the
> courtroom with my guide dog was a violation of state and federal law and he
> reiterated his safety concern. I told him I intended to sit in the courtroom
> and observe the proceedings. He again stated he was not discriminating
> against me, it was for safety reasons. I advised him he could not assume
> there would be a problem and he could only remove a service dog if it were
> out of control or it posed a direct threat. He stated, "So, we need to wait
> until there's a dog fight?" I advised him there was no evidence there would
> be any problems and again stated I felt his behavior was discriminatory. He
> begrudgingly relented and told me I could have a seat. Since the courtroom
> was empty except for the Court staff, I told him I would wait outside with
> the rest of the people until Court began. I left the room and stood outside
> the courtroom.
>
> I called the Hillsborough County Sheriff's Office and got the
> number for the Bailiff's office. I explained my concern to the person who
> answered and was told a supervisor would come to speak with me. A few
> minutes later, someone who identified himself as "James" (Master Sargeant
> James Escobio) approached me. I explained what happened. He had apparently
> already spoken with the first person, since he asked me if I was offered a
> seat in the courtroom. When I stated I was offered a seat and why I refused,
> he asked what the problem was. I told him the person's behavior was
> discriminatory in violation of state and federal law. He replied, "I'm sorry
> you feel that way!" then turned his back to me and walked away. I then
> telephoned the bailiff's office again, asked to speak with a ranking deputy,
> and was connected to lt. Brown. I again explained my concerns, the manner in
> which I was treated by Sgt. Escobio, and she promised to investigate it.
> When I finally entered the courtroom, I believe it was Sgt. Escobio who
> asked me for my name, stating he was writing a report about the incident.
>
> I observed the Court proceedings but the case I was there to hear
> was not on the docket. As I stood to leave, the judge asked if I had
> business with the Court. I stated I thought I did but the case was not
> heard. I began to leave the courtroom but decided I would address this issue
> with the judge and asked his permission to do so. When I explained the
> incident and told him I felt I was discriminated against and treated in a
> very dismissive manner, Judge Manning began interrogating me. I use the term
> "Interrogating" rather than "questioning" because I felt the tone of the
> judge's voice was very accusatory. He asked me if I was in the courtroom
> when he entered and I replied I was. He asked if I was afforded the
> opportunity to observe all the proceedings and I answered I was. "Now we are
> done and you are still here. How is that discriminatory?" Judge Manning
> asked. I asserted that my ability to successfully advocate for myself did
> not absolve or lessen the impact of the bailiff's discriminatory behavior.
> He stated his staff was only ensuring the safety of others and he did not
> understand why I was upset. About this time, my dog yawned and let out a
> little sigh. The judge heard it and said, "See!", though I am not sure of
> the relevance of this remark though I took it as an attempt to shift the
> blame for the incident to me. I told him I had nothing more to say and
> intended to file a formal complaint. He advised me to include in my
> complaint that I was in the courtroom during the whole proceedings. Because
> of the judge's conduct toward me, I am also concerned that the judge will be
> biased on the case I intended to observe in his courtroom when it is heard.
>
> The Hillsborough County Courthouse is a public entity under Title
> II of the Americans with Disabilities Act (ADA) (42 USC 12115(1)(A)). I am a
> "qualified individual with a disability" (42 USC 12115(2)). My dog is a
> "service dog" as defined by the implementing regulations of the ADA (28 CFR
> Section 35.104). Public entities are required to modify their policies,
> practices, and procedures to permit the use of a service animal by a person
> with a disability (28 CFR Section 35.136(a).
>
> ). My guide dog was under control (28 CFR Section 35.136(b) on a tether and
> harness 28 CFR Section 35.136(d) and exhibited no behavior that could be
> construed as a "direct threat" (42 USC 12182(3)). By attempting to restrict
> my access to the courtroom, Judge Manning's staff attempted to require me to
> accept an "unequal benefit in violation of the ADA (42 USC 12182(b)(1)(A)).
> Should Judge Manning treat the case in which I am the victim in a biased
> manner because I have opposed an act or behavior prohibited by the ADA, such
> bias would also be considered retaliatory and, therefore, discriminatory
> (42 USC 12203).
>
> In addition to the federl law cited above, Florida law provides
> that disabled individuals have the right to full and equal access to all
> public accommodations (413.08(2) f.s.) and have the right to be accompanied
> by a service dog (413.08(3) f.s.). Violation of this florida statute is a
>
> second degree misdemeanor (413)08(4) f.s.).
>
> The bailiff, Sgt. Escobio, and Judge manning all treated me in a
> discriminatory manner when all I was attempting to do was to exercise my
> rights as a citizen. When I opposed their attempts to treat me in a
> discriminatory manner, I was met with arrogance, dismissiveness, and
> disrespect. In fact, though Judge Manning seemed to extend understanding and
> compassion to those who had violated the law, the same understanding and
> compassion was not afforded one whose only transgression was to protect and
> secure my civil rights, something completely unexpected and offensive in a
> Court of law in which an individual's civil rights should be affirmed, not
> dismissed. I strongly encourage those who have the authority to remedy this
> situation so it does not occur to someone else and take corrective measures
> to make this situation a learning experience for all. If I can facilitate
> this process, please do not hesitate to get in touch with me. My contact
> information is below my signature.
>
>
>
> Respectfully yours,
>
> Marion Gwizdala, President
>
> National Association of Guide Dog Users Inc.
>
> National Federation of the Blind
>
> (813) 626-2789
>
>
>
> The National Federation of the Blind knows that blindness is not
> the characteristic that defines you or your future. Every day we raise the
> expectations of blind people because low expectations create obstacles
> between blind people and our dreams. You can live the life you want!
> Blindness is not what holds you back.
>
>
>
>
>
>
>
>
>
>
>
>
>
> ------------------------------
>
> Message: 2
> Date: Tue, 22 Oct 2019 15:33:14 -0500
> From: <cindyray at gmail.com>
> To: "'NAGDU Mailing List, the National Association of Guide Dog
> Users'" <nagdu at nfbnet.org>
> Subject: Re: [NAGDU] Why Pack the Courtroom with Service Dogs?
> Message-ID: <037a01d58917$ee6c5d70$cb451850$@gmail.com>
> Content-Type: text/plain; charset="us-ascii"
>
> Marion, what a totally disgustin story. Sometimes I just marvel at the
> treatment we receive from those well-meaning individuals in government and
> in the judicial system.
> Cindy Lou Ray
> cindyray at gmail.com
>
>
> -----Original Message-----
> From: NAGDU <nagdu-bounces at nfbnet.org> On Behalf Of Marion Gwizdala, via
> NAGDU
> Sent: Tuesday, October 22, 2019 3:18 PM
> To: flagdu at nfbnet.org; NAGDU Mailing List, the National Association of Guide
> Dog Users <nagdu at nfbnet.org>; txagdu at nfbtx.org; 'Colorado Association of
> Guide Dog Users List' <coagdu at nfbnet.org>; Cody J. Davis
> <cjdavis9193 at gmail.com>; Michigan Guide Dog Users Committee List
> <micgdu at nfbnet.org>; New Jersey Association of Guide Dog Users
> <njagdu at nfbnet.org>; nyagdu at nfbnet.org; oagdu at nfbnet.org; vagdu at nfbnet.org;
> wagdu at nfbnet.org
> Cc: Marion Gwizdala, <blind411 at verizon.net>
> Subject: [NAGDU] Why Pack the Courtroom with Service Dogs?
>
>
>
> Please circulate the following message as widely as
> appropriate.
>
>
>
>
>
>
>
> For more information concerning the following message,
> please contact
>
>
>
> Marion Gwizdala, President
>
> National Association of Guide Dog Users
>
> National Federation of the Blind
>
> (813) 626-2789
>
> President at NAGDU.ORG
>
>
>
> Dear Service Dog Users and Supporters,
>
>
>
> For some of you, this may be your first reading of this information, so I
> will give a very brief introduction. On March 26, while walking along the
> sidewalk adjoining Tampa's Winston Park, my guide dog was attacked by two
> loose pit bulls. The owner of the dogs got his dogs away from mine, put them
> on a leash, and then came back to taunt my guide dog and me. The owner of
> the dogs has been charged with distracting the work of a service dog and the
> final hearing is tomorrow.
>
> In my earlier message sharing information about tomorrow's hearing resulting
> from the intentional distraction of my guide dog, there was a whole lot more
> to the story that I wanted to share but did not. After considering it, I
> thought the best approach was to give others the information and the
> opportunity to act. If you agree what happened in the courthouse is shocking
> and want to help shed light on the pervasive problems the following letter
> to the Hillsborough County Sheriff's Office uncovers, please join us on
> October 23 at 800 E. Twiggs Street, Courtroom 300 at 8:45 a.m.
>
>
>
> June 20, 2019
>
>
>
> Detective Jennifer Sands
>
> Professional Standards Section
>
> Hillsborough County Sheriff's Office
>
> 2008 East 8th Avenue
> Tampa, Florida 33605
>
> Dear Det. Sands,
>
>
>
> Thank you for the time you took to speak with me this afternoon. I
> am writing to express my concerns over the manner in which I was treated by
> Judge Manning and his staff, including his bailiff and Master Sargeant James
> Escobio on Thursday, June 20, 2019. It may be valuable to understand that
> This sort of dismissive, offensive, and condescending attitude is typical of
> the conduct we experience nearly every time we attempt to protect our civil
> rights. It is our hope that this incident will attract the attention of
> those who are as offended with the treatment as I! On the aforementioned
> date, I attended Court to observe the proceedings of a case in which I am
> the plaintiff. When I exited the elevator to make my way to Courtroom 300,
> what I assume was another service dog lunged and barked at my dog. As I was
> making my way to the courtroom, I noticed there was another service dog in
> the aisle when I heard the handler tell the dog, "Leave it!". While standing
> outside the courtroom, a male approached me and asked me to follow him. I
> asked what this was about and was told he was escorting me to the podium to
> hear my case. I told him I did not have a case; I was only there to observe.
> He advised me that I could not be in the courtroom because there might be
> other service dogs and they did not want to have a fight. I advised him
> that, should there be an altercation, the offending dog should be removed
> and I should not be restricted from sitting in the courtroom. He told me
> there was a safety issue and I replied that this safety issue did not
> involve me. I told him at that time that not permitting me to sit in the
> courtroom with my guide dog was a violation of state and federal law and he
> reiterated his safety concern. I told him I intended to sit in the courtroom
> and observe the proceedings. He again stated he was not discriminating
> against me, it was for safety reasons. I advised him he could not assume
> there would be a problem and he could only remove a service dog if it were
> out of control or it posed a direct threat. He stated, "So, we need to wait
> until there's a dog fight?" I advised him there was no evidence there would
> be any problems and again stated I felt his behavior was discriminatory. He
> begrudgingly relented and told me I could have a seat. Since the courtroom
> was empty except for the Court staff, I told him I would wait outside with
> the rest of the people until Court began. I left the room and stood outside
> the courtroom.
>
> I called the Hillsborough County Sheriff's Office and got the
> number for the Bailiff's office. I explained my concern to the person who
> answered and was told a supervisor would come to speak with me. A few
> minutes later, someone who identified himself as "James" (Master Sargeant
> James Escobio) approached me. I explained what happened. He had apparently
> already spoken with the first person, since he asked me if I was offered a
> seat in the courtroom. When I stated I was offered a seat and why I refused,
> he asked what the problem was. I told him the person's behavior was
> discriminatory in violation of state and federal law. He replied, "I'm sorry
> you feel that way!" then turned his back to me and walked away. I then
> telephoned the bailiff's office again, asked to speak with a ranking deputy,
> and was connected to lt. Brown. I again explained my concerns, the manner in
> which I was treated by Sgt. Escobio, and she promised to investigate it.
> When I finally entered the courtroom, I believe it was Sgt. Escobio who
> asked me for my name, stating he was writing a report about the incident.
>
> I observed the Court proceedings but the case I was there to hear
> was not on the docket. As I stood to leave, the judge asked if I had
> business with the Court. I stated I thought I did but the case was not
> heard. I began to leave the courtroom but decided I would address this issue
> with the judge and asked his permission to do so. When I explained the
> incident and told him I felt I was discriminated against and treated in a
> very dismissive manner, Judge Manning began interrogating me. I use the term
> "Interrogating" rather than "questioning" because I felt the tone of the
> judge's voice was very accusatory. He asked me if I was in the courtroom
> when he entered and I replied I was. He asked if I was afforded the
> opportunity to observe all the proceedings and I answered I was. "Now we are
> done and you are still here. How is that discriminatory?" Judge Manning
> asked. I asserted that my ability to successfully advocate for myself did
> not absolve or lessen the impact of the bailiff's discriminatory behavior.
> He stated his staff was only ensuring the safety of others and he did not
> understand why I was upset. About this time, my dog yawned and let out a
> little sigh. The judge heard it and said, "See!", though I am not sure of
> the relevance of this remark though I took it as an attempt to shift the
> blame for the incident to me. I told him I had nothing more to say and
> intended to file a formal complaint. He advised me to include in my
> complaint that I was in the courtroom during the whole proceedings. Because
> of the judge's conduct toward me, I am also concerned that the judge will be
> biased on the case I intended to observe in his courtroom when it is heard.
>
> The Hillsborough County Courthouse is a public entity under Title
> II of the Americans with Disabilities Act (ADA) (42 USC 12115(1)(A)). I am a
> "qualified individual with a disability" (42 USC 12115(2)). My dog is a
> "service dog" as defined by the implementing regulations of the ADA (28 CFR
> Section 35.104). Public entities are required to modify their policies,
> practices, and procedures to permit the use of a service animal by a person
> with a disability (28 CFR Section 35.136(a).
>
> ). My guide dog was under control (28 CFR Section 35.136(b) on a tether and
> harness 28 CFR Section 35.136(d) and exhibited no behavior that could be
> construed as a "direct threat" (42 USC 12182(3)). By attempting to restrict
> my access to the courtroom, Judge Manning's staff attempted to require me to
> accept an "unequal benefit in violation of the ADA (42 USC 12182(b)(1)(A)).
> Should Judge Manning treat the case in which I am the victim in a biased
> manner because I have opposed an act or behavior prohibited by the ADA, such
> bias would also be considered retaliatory and, therefore, discriminatory
> (42 USC 12203).
>
> In addition to the federl law cited above, Florida law provides
> that disabled individuals have the right to full and equal access to all
> public accommodations (413.08(2) f.s.) and have the right to be accompanied
> by a service dog (413.08(3) f.s.). Violation of this florida statute is a
>
> second degree misdemeanor (413)08(4) f.s.).
>
> The bailiff, Sgt. Escobio, and Judge manning all treated me in a
> discriminatory manner when all I was attempting to do was to exercise my
> rights as a citizen. When I opposed their attempts to treat me in a
> discriminatory manner, I was met with arrogance, dismissiveness, and
> disrespect. In fact, though Judge Manning seemed to extend understanding and
> compassion to those who had violated the law, the same understanding and
> compassion was not afforded one whose only transgression was to protect and
> secure my civil rights, something completely unexpected and offensive in a
> Court of law in which an individual's civil rights should be affirmed, not
> dismissed. I strongly encourage those who have the authority to remedy this
> situation so it does not occur to someone else and take corrective measures
> to make this situation a learning experience for all. If I can facilitate
> this process, please do not hesitate to get in touch with me. My contact
> information is below my signature.
>
>
>
> Respectfully yours,
>
> Marion Gwizdala, President
>
> National Association of Guide Dog Users Inc.
>
> National Federation of the Blind
>
> (813) 626-2789
>
>
>
> The National Federation of the Blind knows that blindness is not
> the characteristic that defines you or your future. Every day we raise the
> expectations of blind people because low expectations create obstacles
> between blind people and our dreams. You can live the life you want!
> Blindness is not what holds you back.
>
>
>
>
>
>
>
>
>
>
>
> _______________________________________________
> NAGDU mailing list
> NAGDU at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for NAGDU:
> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/cindyray%40gmail.com
>
>
>
>
> ------------------------------
>
> Message: 3
> Date: Tue, 22 Oct 2019 15:34:20 -0500
> From: <nellie at culodge.com>
> To: "'NAGDU Mailing List, the National Association of Guide Dog
> Users'" <nagdu at nfbnet.org>
> Subject: Re: [NAGDU] Why Pack the Courtroom with Service Dogs?
> Message-ID: <000401d58918$15807c20$40817460$@culodge.com>
> Content-Type: text/plain; charset="us-ascii"
>
> Marion,
>
> Sorry you had to experience this ridiculous situation, however on the other
> hand, I guess I am thankful that it occurred to someone with your obvious
> knowledge and courage!!!! This will only benefit the rest of us!!!
> You have written this beautifully, and to the point with state laws quoted.
> Thanks!
>
> Please let us know what happens next!
>
> -Janell and Miss Rosy!
>
> -----Original Message-----
> From: NAGDU <nagdu-bounces at nfbnet.org> On Behalf Of Marion Gwizdala, via
> NAGDU
> Sent: Tuesday, October 22, 2019 3:18 PM
> To: flagdu at nfbnet.org; NAGDU Mailing List, the National Association of Guide
> Dog Users <nagdu at nfbnet.org>; txagdu at nfbtx.org; 'Colorado Association of
> Guide Dog Users List' <coagdu at nfbnet.org>; Cody J. Davis
> <cjdavis9193 at gmail.com>; Michigan Guide Dog Users Committee List
> <micgdu at nfbnet.org>; New Jersey Association of Guide Dog Users
> <njagdu at nfbnet.org>; nyagdu at nfbnet.org; oagdu at nfbnet.org; vagdu at nfbnet.org;
> wagdu at nfbnet.org
> Cc: Marion Gwizdala, <blind411 at verizon.net>
> Subject: [NAGDU] Why Pack the Courtroom with Service Dogs?
>
>
>
> Please circulate the following message as widely as
> appropriate.
>
>
>
>
>
>
>
> For more information concerning the following message,
> please contact
>
>
>
> Marion Gwizdala, President
>
> National Association of Guide Dog Users
>
> National Federation of the Blind
>
> (813) 626-2789
>
> President at NAGDU.ORG
>
>
>
> Dear Service Dog Users and Supporters,
>
>
>
> For some of you, this may be your first reading of this information, so I
> will give a very brief introduction. On March 26, while walking along the
> sidewalk adjoining Tampa's Winston Park, my guide dog was attacked by two
> loose pit bulls. The owner of the dogs got his dogs away from mine, put them
> on a leash, and then came back to taunt my guide dog and me. The owner of
> the dogs has been charged with distracting the work of a service dog and the
> final hearing is tomorrow.
>
> In my earlier message sharing information about tomorrow's hearing resulting
> from the intentional distraction of my guide dog, there was a whole lot more
> to the story that I wanted to share but did not. After considering it, I
> thought the best approach was to give others the information and the
> opportunity to act. If you agree what happened in the courthouse is shocking
> and want to help shed light on the pervasive problems the following letter
> to the Hillsborough County Sheriff's Office uncovers, please join us on
> October 23 at 800 E. Twiggs Street, Courtroom 300 at 8:45 a.m.
>
>
>
> June 20, 2019
>
>
>
> Detective Jennifer Sands
>
> Professional Standards Section
>
> Hillsborough County Sheriff's Office
>
> 2008 East 8th Avenue
> Tampa, Florida 33605
>
> Dear Det. Sands,
>
>
>
> Thank you for the time you took to speak with me this afternoon. I
> am writing to express my concerns over the manner in which I was treated by
> Judge Manning and his staff, including his bailiff and Master Sargeant James
> Escobio on Thursday, June 20, 2019. It may be valuable to understand that
> This sort of dismissive, offensive, and condescending attitude is typical of
> the conduct we experience nearly every time we attempt to protect our civil
> rights. It is our hope that this incident will attract the attention of
> those who are as offended with the treatment as I! On the aforementioned
> date, I attended Court to observe the proceedings of a case in which I am
> the plaintiff. When I exited the elevator to make my way to Courtroom 300,
> what I assume was another service dog lunged and barked at my dog. As I was
> making my way to the courtroom, I noticed there was another service dog in
> the aisle when I heard the handler tell the dog, "Leave it!". While standing
> outside the courtroom, a male approached me and asked me to follow him. I
> asked what this was about and was told he was escorting me to the podium to
> hear my case. I told him I did not have a case; I was only there to observe.
> He advised me that I could not be in the courtroom because there might be
> other service dogs and they did not want to have a fight. I advised him
> that, should there be an altercation, the offending dog should be removed
> and I should not be restricted from sitting in the courtroom. He told me
> there was a safety issue and I replied that this safety issue did not
> involve me. I told him at that time that not permitting me to sit in the
> courtroom with my guide dog was a violation of state and federal law and he
> reiterated his safety concern. I told him I intended to sit in the courtroom
> and observe the proceedings. He again stated he was not discriminating
> against me, it was for safety reasons. I advised him he could not assume
> there would be a problem and he could only remove a service dog if it were
> out of control or it posed a direct threat. He stated, "So, we need to wait
> until there's a dog fight?" I advised him there was no evidence there would
> be any problems and again stated I felt his behavior was discriminatory. He
> begrudgingly relented and told me I could have a seat. Since the courtroom
> was empty except for the Court staff, I told him I would wait outside with
> the rest of the people until Court began. I left the room and stood outside
> the courtroom.
>
> I called the Hillsborough County Sheriff's Office and got the
> number for the Bailiff's office. I explained my concern to the person who
> answered and was told a supervisor would come to speak with me. A few
> minutes later, someone who identified himself as "James" (Master Sargeant
> James Escobio) approached me. I explained what happened. He had apparently
> already spoken with the first person, since he asked me if I was offered a
> seat in the courtroom. When I stated I was offered a seat and why I refused,
> he asked what the problem was. I told him the person's behavior was
> discriminatory in violation of state and federal law. He replied, "I'm sorry
> you feel that way!" then turned his back to me and walked away. I then
> telephoned the bailiff's office again, asked to speak with a ranking deputy,
> and was connected to lt. Brown. I again explained my concerns, the manner in
> which I was treated by Sgt. Escobio, and she promised to investigate it.
> When I finally entered the courtroom, I believe it was Sgt. Escobio who
> asked me for my name, stating he was writing a report about the incident.
>
> I observed the Court proceedings but the case I was there to hear
> was not on the docket. As I stood to leave, the judge asked if I had
> business with the Court. I stated I thought I did but the case was not
> heard. I began to leave the courtroom but decided I would address this issue
> with the judge and asked his permission to do so. When I explained the
> incident and told him I felt I was discriminated against and treated in a
> very dismissive manner, Judge Manning began interrogating me. I use the term
> "Interrogating" rather than "questioning" because I felt the tone of the
> judge's voice was very accusatory. He asked me if I was in the courtroom
> when he entered and I replied I was. He asked if I was afforded the
> opportunity to observe all the proceedings and I answered I was. "Now we are
> done and you are still here. How is that discriminatory?" Judge Manning
> asked. I asserted that my ability to successfully advocate for myself did
> not absolve or lessen the impact of the bailiff's discriminatory behavior.
> He stated his staff was only ensuring the safety of others and he did not
> understand why I was upset. About this time, my dog yawned and let out a
> little sigh. The judge heard it and said, "See!", though I am not sure of
> the relevance of this remark though I took it as an attempt to shift the
> blame for the incident to me. I told him I had nothing more to say and
> intended to file a formal complaint. He advised me to include in my
> complaint that I was in the courtroom during the whole proceedings. Because
> of the judge's conduct toward me, I am also concerned that the judge will be
> biased on the case I intended to observe in his courtroom when it is heard.
>
> The Hillsborough County Courthouse is a public entity under Title
> II of the Americans with Disabilities Act (ADA) (42 USC 12115(1)(A)). I am a
> "qualified individual with a disability" (42 USC 12115(2)). My dog is a
> "service dog" as defined by the implementing regulations of the ADA (28 CFR
> Section 35.104). Public entities are required to modify their policies,
> practices, and procedures to permit the use of a service animal by a person
> with a disability (28 CFR Section 35.136(a).
>
> ). My guide dog was under control (28 CFR Section 35.136(b) on a tether and
> harness 28 CFR Section 35.136(d) and exhibited no behavior that could be
> construed as a "direct threat" (42 USC 12182(3)). By attempting to restrict
> my access to the courtroom, Judge Manning's staff attempted to require me to
> accept an "unequal benefit in violation of the ADA (42 USC 12182(b)(1)(A)).
> Should Judge Manning treat the case in which I am the victim in a biased
> manner because I have opposed an act or behavior prohibited by the ADA, such
> bias would also be considered retaliatory and, therefore, discriminatory
> (42 USC 12203).
>
> In addition to the federl law cited above, Florida law provides
> that disabled individuals have the right to full and equal access to all
> public accommodations (413.08(2) f.s.) and have the right to be accompanied
> by a service dog (413.08(3) f.s.). Violation of this florida statute is a
>
> second degree misdemeanor (413)08(4) f.s.).
>
> The bailiff, Sgt. Escobio, and Judge manning all treated me in a
> discriminatory manner when all I was attempting to do was to exercise my
> rights as a citizen. When I opposed their attempts to treat me in a
> discriminatory manner, I was met with arrogance, dismissiveness, and
> disrespect. In fact, though Judge Manning seemed to extend understanding and
> compassion to those who had violated the law, the same understanding and
> compassion was not afforded one whose only transgression was to protect and
> secure my civil rights, something completely unexpected and offensive in a
> Court of law in which an individual's civil rights should be affirmed, not
> dismissed. I strongly encourage those who have the authority to remedy this
> situation so it does not occur to someone else and take corrective measures
> to make this situation a learning experience for all. If I can facilitate
> this process, please do not hesitate to get in touch with me. My contact
> information is below my signature.
>
>
>
> Respectfully yours,
>
> Marion Gwizdala, President
>
> National Association of Guide Dog Users Inc.
>
> National Federation of the Blind
>
> (813) 626-2789
>
>
>
> The National Federation of the Blind knows that blindness is not
> the characteristic that defines you or your future. Every day we raise the
> expectations of blind people because low expectations create obstacles
> between blind people and our dreams. You can live the life you want!
> Blindness is not what holds you back.
>
>
>
>
>
>
>
>
>
>
>
> _______________________________________________
> NAGDU mailing list
> NAGDU at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for NAGDU:
> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/nellie%40culodge.com
>
>
>
>
> ------------------------------
>
> Message: 4
> Date: Tue, 22 Oct 2019 13:48:52 -0700
> From: <mike at michaelhingson.com>
> To: "'NAGDU Mailing List, the National Association of Guide Dog
> Users'" <nagdu at nfbnet.org>, <flagdu at nfbnet.org>, <txagdu at nfbtx.org>,
> "'Colorado Association of Guide Dog Users List'" <coagdu at nfbnet.org>,
> "'Cody J. Davis'" <cjdavis9193 at gmail.com>, "'Michigan Guide Dog Users
> Committee List'" <micgdu at nfbnet.org>, "'New Jersey Association of
> Guide Dog Users'" <njagdu at nfbnet.org>, <nyagdu at nfbnet.org>,
> <oagdu at nfbnet.org>, <vagdu at nfbnet.org>, <wagdu at nfbnet.org>
> Subject: Re: [NAGDU] Why Pack the Courtroom with Service Dogs?
> Message-ID: <019a01d5891a$1d71cd10$58556730$@michaelhingson.com>
> Content-Type: text/plain; charset="us-ascii"
>
> Marion,
>
> I wish we could fly there to support. You will persevere.
>
>
> Mike Hingson
>
> -----Original Message-----
> From: NAGDU On Behalf Of Marion Gwizdala, via NAGDU
> Sent: Tuesday, October 22, 2019 1:18 PM
> To: flagdu at nfbnet.org; NAGDU Mailing List, the National Association of Guide
> Dog Users <nagdu at nfbnet.org>; txagdu at nfbtx.org; 'Colorado Association of
> Guide Dog Users List' <coagdu at nfbnet.org>; Cody J. Davis
> <cjdavis9193 at gmail.com>; Michigan Guide Dog Users Committee List
> <micgdu at nfbnet.org>; New Jersey Association of Guide Dog Users
> <njagdu at nfbnet.org>; nyagdu at nfbnet.org; oagdu at nfbnet.org; vagdu at nfbnet.org;
> wagdu at nfbnet.org
> Cc: Marion Gwizdala, <blind411 at verizon.net>
> Subject: [NAGDU] Why Pack the Courtroom with Service Dogs?
>
>
>
> Please circulate the following message as widely as
> appropriate.
>
>
>
>
>
>
>
> For more information concerning the following message,
> please contact
>
>
>
> Marion Gwizdala, President
>
> National Association of Guide Dog Users
>
> National Federation of the Blind
>
> (813) 626-2789
>
> President at NAGDU.ORG
>
>
>
> Dear Service Dog Users and Supporters,
>
>
>
> For some of you, this may be your first reading of this information, so I
> will give a very brief introduction. On March 26, while walking along the
> sidewalk adjoining Tampa's Winston Park, my guide dog was attacked by two
> loose pit bulls. The owner of the dogs got his dogs away from mine, put them
> on a leash, and then came back to taunt my guide dog and me. The owner of
> the dogs has been charged with distracting the work of a service dog and the
> final hearing is tomorrow.
>
> In my earlier message sharing information about tomorrow's hearing resulting
> from the intentional distraction of my guide dog, there was a whole lot more
> to the story that I wanted to share but did not. After considering it, I
> thought the best approach was to give others the information and the
> opportunity to act. If you agree what happened in the courthouse is shocking
> and want to help shed light on the pervasive problems the following letter
> to the Hillsborough County Sheriff's Office uncovers, please join us on
> October 23 at 800 E. Twiggs Street, Courtroom 300 at 8:45 a.m.
>
>
>
> June 20, 2019
>
>
>
> Detective Jennifer Sands
>
> Professional Standards Section
>
> Hillsborough County Sheriff's Office
>
> 2008 East 8th Avenue
> Tampa, Florida 33605
>
> Dear Det. Sands,
>
>
>
> Thank you for the time you took to speak with me this afternoon. I
> am writing to express my concerns over the manner in which I was treated by
> Judge Manning and his staff, including his bailiff and Master Sargeant James
> Escobio on Thursday, June 20, 2019. It may be valuable to understand that
> This sort of dismissive, offensive, and condescending attitude is typical of
> the conduct we experience nearly every time we attempt to protect our civil
> rights. It is our hope that this incident will attract the attention of
> those who are as offended with the treatment as I! On the aforementioned
> date, I attended Court to observe the proceedings of a case in which I am
> the plaintiff. When I exited the elevator to make my way to Courtroom 300,
> what I assume was another service dog lunged and barked at my dog. As I was
> making my way to the courtroom, I noticed there was another service dog in
> the aisle when I heard the handler tell the dog, "Leave it!". While standing
> outside the courtroom, a male approached me and asked me to follow him. I
> asked what this was about and was told he was escorting me to the podium to
> hear my case. I told him I did not have a case; I was only there to observe.
> He advised me that I could not be in the courtroom because there might be
> other service dogs and they did not want to have a fight. I advised him
> that, should there be an altercation, the offending dog should be removed
> and I should not be restricted from sitting in the courtroom. He told me
> there was a safety issue and I replied that this safety issue did not
> involve me. I told him at that time that not permitting me to sit in the
> courtroom with my guide dog was a violation of state and federal law and he
> reiterated his safety concern. I told him I intended to sit in the courtroom
> and observe the proceedings. He again stated he was not discriminating
> against me, it was for safety reasons. I advised him he could not assume
> there would be a problem and he could only remove a service dog if it were
> out of control or it posed a direct threat. He stated, "So, we need to wait
> until there's a dog fight?" I advised him there was no evidence there would
> be any problems and again stated I felt his behavior was discriminatory. He
> begrudgingly relented and told me I could have a seat. Since the courtroom
> was empty except for the Court staff, I told him I would wait outside with
> the rest of the people until Court began. I left the room and stood outside
> the courtroom.
>
> I called the Hillsborough County Sheriff's Office and got the
> number for the Bailiff's office. I explained my concern to the person who
> answered and was told a supervisor would come to speak with me. A few
> minutes later, someone who identified himself as "James" (Master Sargeant
> James Escobio) approached me. I explained what happened. He had apparently
> already spoken with the first person, since he asked me if I was offered a
> seat in the courtroom. When I stated I was offered a seat and why I refused,
> he asked what the problem was. I told him the person's behavior was
> discriminatory in violation of state and federal law. He replied, "I'm sorry
> you feel that way!" then turned his back to me and walked away. I then
> telephoned the bailiff's office again, asked to speak with a ranking deputy,
> and was connected to lt. Brown. I again explained my concerns, the manner in
> which I was treated by Sgt. Escobio, and she promised to investigate it.
> When I finally entered the courtroom, I believe it was Sgt. Escobio who
> asked me for my name, stating he was writing a report about the incident.
>
> I observed the Court proceedings but the case I was there to hear
> was not on the docket. As I stood to leave, the judge asked if I had
> business with the Court. I stated I thought I did but the case was not
> heard. I began to leave the courtroom but decided I would address this issue
> with the judge and asked his permission to do so. When I explained the
> incident and told him I felt I was discriminated against and treated in a
> very dismissive manner, Judge Manning began interrogating me. I use the term
> "Interrogating" rather than "questioning" because I felt the tone of the
> judge's voice was very accusatory. He asked me if I was in the courtroom
> when he entered and I replied I was. He asked if I was afforded the
> opportunity to observe all the proceedings and I answered I was. "Now we are
> done and you are still here. How is that discriminatory?" Judge Manning
> asked. I asserted that my ability to successfully advocate for myself did
> not absolve or lessen the impact of the bailiff's discriminatory behavior.
> He stated his staff was only ensuring the safety of others and he did not
> understand why I was upset. About this time, my dog yawned and let out a
> little sigh. The judge heard it and said, "See!", though I am not sure of
> the relevance of this remark though I took it as an attempt to shift the
> blame for the incident to me. I told him I had nothing more to say and
> intended to file a formal complaint. He advised me to include in my
> complaint that I was in the courtroom during the whole proceedings. Because
> of the judge's conduct toward me, I am also concerned that the judge will be
> biased on the case I intended to observe in his courtroom when it is heard.
>
> The Hillsborough County Courthouse is a public entity under Title
> II of the Americans with Disabilities Act (ADA) (42 USC 12115(1)(A)). I am a
> "qualified individual with a disability" (42 USC 12115(2)). My dog is a
> "service dog" as defined by the implementing regulations of the ADA (28 CFR
> Section 35.104). Public entities are required to modify their policies,
> practices, and procedures to permit the use of a service animal by a person
> with a disability (28 CFR Section 35.136(a).
>
> ). My guide dog was under control (28 CFR Section 35.136(b) on a tether and
> harness 28 CFR Section 35.136(d) and exhibited no behavior that could be
> construed as a "direct threat" (42 USC 12182(3)). By attempting to restrict
> my access to the courtroom, Judge Manning's staff attempted to require me to
> accept an "unequal benefit in violation of the ADA (42 USC 12182(b)(1)(A)).
> Should Judge Manning treat the case in which I am the victim in a biased
> manner because I have opposed an act or behavior prohibited by the ADA, such
> bias would also be considered retaliatory and, therefore, discriminatory
> (42 USC 12203).
>
> In addition to the federl law cited above, Florida law provides
> that disabled individuals have the right to full and equal access to all
> public accommodations (413.08(2) f.s.) and have the right to be accompanied
> by a service dog (413.08(3) f.s.). Violation of this florida statute is a
>
> second degree misdemeanor (413)08(4) f.s.).
>
> The bailiff, Sgt. Escobio, and Judge manning all treated me in a
> discriminatory manner when all I was attempting to do was to exercise my
> rights as a citizen. When I opposed their attempts to treat me in a
> discriminatory manner, I was met with arrogance, dismissiveness, and
> disrespect. In fact, though Judge Manning seemed to extend understanding and
> compassion to those who had violated the law, the same understanding and
> compassion was not afforded one whose only transgression was to protect and
> secure my civil rights, something completely unexpected and offensive in a
> Court of law in which an individual's civil rights should be affirmed, not
> dismissed. I strongly encourage those who have the authority to remedy this
> situation so it does not occur to someone else and take corrective measures
> to make this situation a learning experience for all. If I can facilitate
> this process, please do not hesitate to get in touch with me. My contact
> information is below my signature.
>
>
>
> Respectfully yours,
>
> Marion Gwizdala, President
>
> National Association of Guide Dog Users Inc.
>
> National Federation of the Blind
>
> (813) 626-2789
>
>
>
> The National Federation of the Blind knows that blindness is not
> the characteristic that defines you or your future. Every day we raise the
> expectations of blind people because low expectations create obstacles
> between blind people and our dreams. You can live the life you want!
> Blindness is not what holds you back.
>
>
>
>
>
>
>
>
>
>
>
> _______________________________________________
> NAGDU mailing list
> NAGDU at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for NAGDU:
> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/mike%40michaelhingson.com
>
>
>
>
> ------------------------------
>
> Message: 5
> Date: Tue, 22 Oct 2019 16:51:39 -0400
> From: <marianne at denningweb.com>
> To: "'NAGDU Mailing List, the National Association of Guide Dog
> Users'" <nagdu at nfbnet.org>, "'Ohio Association of Guide Dog Users
> List'" <oagdu at nfbnet.org>
> Subject: [NAGDU] Update on Our OH service animal legislation
> Message-ID: <014b01d5891a$815a9550$840fbff0$@denningweb.com>
> Content-Type: text/plain; charset="us-ascii"
>
> The NFB of OH has been working with the OH House of Representatives to bring
> the OH code into compliance with ADA. It currently uses the term,
> "assistance animal" instead of "service animal." Presently, there is a
> criminal piece if a business refuses to allow assistance animals into a
> place of public accommodation. The 2 representatives want to put the changes
> under the code regarding discrimination and remove the criminal piece. We
> are opposed to this because we are covered by the ADA for civil grievances.
> We believe we must be able to call the police if we are denied services so
> we will probably not change the legislation at this time. We do not want to
> drop the issue and are thinking about our options. Has anyone else had
> similar problems in their state legislatures? We are looking for advice.
>
>
>
>
>
>
>
> ------------------------------
>
> Message: 6
> Date: Tue, 22 Oct 2019 17:09:11 -0400
> From: <cape.amanda at gmail.com>
> To: "'NAGDU Mailing List, the National Association of Guide Dog
> Users'" <nagdu at nfbnet.org>
> Subject: Re: [NAGDU] Why Pack the Courtroom with Service Dogs?
> Message-ID: <00e801d5891c$f439dca0$dcad95e0$@gmail.com>
> Content-Type: text/plain; charset="us-ascii"
>
> I wish we could too Marion.
> Good luck and please keep us posted.
> I am sorry that you endured this type of discrimination and want to
> congratulate you on the well-written complaint and yfor your resilience and
> perseverance.
> Please let us know the outcome of this proceeding and we will all be
> thinking of and rooting for you.
> Amanda
>
> -----Original Message-----
> From: NAGDU <nagdu-bounces at nfbnet.org> On Behalf Of Mike Hingson via NAGDU
> Sent: October 22, 2019 4:49 PM
> To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
> <nagdu at nfbnet.org>; flagdu at nfbnet.org; txagdu at nfbtx.org; 'Colorado
> Association of Guide Dog Users List' <coagdu at nfbnet.org>; 'Cody J. Davis'
> <cjdavis9193 at gmail.com>; 'Michigan Guide Dog Users Committee List'
> <micgdu at nfbnet.org>; 'New Jersey Association of Guide Dog Users'
> <njagdu at nfbnet.org>; nyagdu at nfbnet.org; oagdu at nfbnet.org; vagdu at nfbnet.org;
> wagdu at nfbnet.org
> Cc: mike at michaelhingson.com
> Subject: Re: [NAGDU] Why Pack the Courtroom with Service Dogs?
>
> Marion,
>
> I wish we could fly there to support. You will persevere.
>
>
> Mike Hingson
>
> -----Original Message-----
> From: NAGDU On Behalf Of Marion Gwizdala, via NAGDU
> Sent: Tuesday, October 22, 2019 1:18 PM
> To: flagdu at nfbnet.org; NAGDU Mailing List, the National Association of Guide
> Dog Users <nagdu at nfbnet.org>; txagdu at nfbtx.org; 'Colorado Association of
> Guide Dog Users List' <coagdu at nfbnet.org>; Cody J. Davis
> <cjdavis9193 at gmail.com>; Michigan Guide Dog Users Committee List
> <micgdu at nfbnet.org>; New Jersey Association of Guide Dog Users
> <njagdu at nfbnet.org>; nyagdu at nfbnet.org; oagdu at nfbnet.org; vagdu at nfbnet.org;
> wagdu at nfbnet.org
> Cc: Marion Gwizdala, <blind411 at verizon.net>
> Subject: [NAGDU] Why Pack the Courtroom with Service Dogs?
>
>
>
> Please circulate the following message as widely as
> appropriate.
>
>
>
>
>
>
>
> For more information concerning the following message,
> please contact
>
>
>
> Marion Gwizdala, President
>
> National Association of Guide Dog Users
>
> National Federation of the Blind
>
> (813) 626-2789
>
> President at NAGDU.ORG
>
>
>
> Dear Service Dog Users and Supporters,
>
>
>
> For some of you, this may be your first reading of this information, so I
> will give a very brief introduction. On March 26, while walking along the
> sidewalk adjoining Tampa's Winston Park, my guide dog was attacked by two
> loose pit bulls. The owner of the dogs got his dogs away from mine, put them
> on a leash, and then came back to taunt my guide dog and me. The owner of
> the dogs has been charged with distracting the work of a service dog and the
> final hearing is tomorrow.
>
> In my earlier message sharing information about tomorrow's hearing resulting
> from the intentional distraction of my guide dog, there was a whole lot more
> to the story that I wanted to share but did not. After considering it, I
> thought the best approach was to give others the information and the
> opportunity to act. If you agree what happened in the courthouse is shocking
> and want to help shed light on the pervasive problems the following letter
> to the Hillsborough County Sheriff's Office uncovers, please join us on
> October 23 at 800 E. Twiggs Street, Courtroom 300 at 8:45 a.m.
>
>
>
> June 20, 2019
>
>
>
> Detective Jennifer Sands
>
> Professional Standards Section
>
> Hillsborough County Sheriff's Office
>
> 2008 East 8th Avenue
> Tampa, Florida 33605
>
> Dear Det. Sands,
>
>
>
> Thank you for the time you took to speak with me this afternoon. I
> am writing to express my concerns over the manner in which I was treated by
> Judge Manning and his staff, including his bailiff and Master Sargeant James
> Escobio on Thursday, June 20, 2019. It may be valuable to understand that
> This sort of dismissive, offensive, and condescending attitude is typical of
> the conduct we experience nearly every time we attempt to protect our civil
> rights. It is our hope that this incident will attract the attention of
> those who are as offended with the treatment as I! On the aforementioned
> date, I attended Court to observe the proceedings of a case in which I am
> the plaintiff. When I exited the elevator to make my way to Courtroom 300,
> what I assume was another service dog lunged and barked at my dog. As I was
> making my way to the courtroom, I noticed there was another service dog in
> the aisle when I heard the handler tell the dog, "Leave it!". While standing
> outside the courtroom, a male approached me and asked me to follow him. I
> asked what this was about and was told he was escorting me to the podium to
> hear my case. I told him I did not have a case; I was only there to observe.
> He advised me that I could not be in the courtroom because there might be
> other service dogs and they did not want to have a fight. I advised him
> that, should there be an altercation, the offending dog should be removed
> and I should not be restricted from sitting in the courtroom. He told me
> there was a safety issue and I replied that this safety issue did not
> involve me. I told him at that time that not permitting me to sit in the
> courtroom with my guide dog was a violation of state and federal law and he
> reiterated his safety concern. I told him I intended to sit in the courtroom
> and observe the proceedings. He again stated he was not discriminating
> against me, it was for safety reasons. I advised him he could not assume
> there would be a problem and he could only remove a service dog if it were
> out of control or it posed a direct threat. He stated, "So, we need to wait
> until there's a dog fight?" I advised him there was no evidence there would
> be any problems and again stated I felt his behavior was discriminatory. He
> begrudgingly relented and told me I could have a seat. Since the courtroom
> was empty except for the Court staff, I told him I would wait outside with
> the rest of the people until Court began. I left the room and stood outside
> the courtroom.
>
> I called the Hillsborough County Sheriff's Office and got the
> number for the Bailiff's office. I explained my concern to the person who
> answered and was told a supervisor would come to speak with me. A few
> minutes later, someone who identified himself as "James" (Master Sargeant
> James Escobio) approached me. I explained what happened. He had apparently
> already spoken with the first person, since he asked me if I was offered a
> seat in the courtroom. When I stated I was offered a seat and why I refused,
> he asked what the problem was. I told him the person's behavior was
> discriminatory in violation of state and federal law. He replied, "I'm sorry
> you feel that way!" then turned his back to me and walked away. I then
> telephoned the bailiff's office again, asked to speak with a ranking deputy,
> and was connected to lt. Brown. I again explained my concerns, the manner in
> which I was treated by Sgt. Escobio, and she promised to investigate it.
> When I finally entered the courtroom, I believe it was Sgt. Escobio who
> asked me for my name, stating he was writing a report about the incident.
>
> I observed the Court proceedings but the case I was there to hear
> was not on the docket. As I stood to leave, the judge asked if I had
> business with the Court. I stated I thought I did but the case was not
> heard. I began to leave the courtroom but decided I would address this issue
> with the judge and asked his permission to do so. When I explained the
> incident and told him I felt I was discriminated against and treated in a
> very dismissive manner, Judge Manning began interrogating me. I use the term
> "Interrogating" rather than "questioning" because I felt the tone of the
> judge's voice was very accusatory. He asked me if I was in the courtroom
> when he entered and I replied I was. He asked if I was afforded the
> opportunity to observe all the proceedings and I answered I was. "Now we are
> done and you are still here. How is that discriminatory?" Judge Manning
> asked. I asserted that my ability to successfully advocate for myself did
> not absolve or lessen the impact of the bailiff's discriminatory behavior.
> He stated his staff was only ensuring the safety of others and he did not
> understand why I was upset. About this time, my dog yawned and let out a
> little sigh. The judge heard it and said, "See!", though I am not sure of
> the relevance of this remark though I took it as an attempt to shift the
> blame for the incident to me. I told him I had nothing more to say and
> intended to file a formal complaint. He advised me to include in my
> complaint that I was in the courtroom during the whole proceedings. Because
> of the judge's conduct toward me, I am also concerned that the judge will be
> biased on the case I intended to observe in his courtroom when it is heard.
>
> The Hillsborough County Courthouse is a public entity under Title
> II of the Americans with Disabilities Act (ADA) (42 USC 12115(1)(A)). I am a
> "qualified individual with a disability" (42 USC 12115(2)). My dog is a
> "service dog" as defined by the implementing regulations of the ADA (28 CFR
> Section 35.104). Public entities are required to modify their policies,
> practices, and procedures to permit the use of a service animal by a person
> with a disability (28 CFR Section 35.136(a).
>
> ). My guide dog was under control (28 CFR Section 35.136(b) on a tether and
> harness 28 CFR Section 35.136(d) and exhibited no behavior that could be
> construed as a "direct threat" (42 USC 12182(3)). By attempting to restrict
> my access to the courtroom, Judge Manning's staff attempted to require me to
> accept an "unequal benefit in violation of the ADA (42 USC 12182(b)(1)(A)).
> Should Judge Manning treat the case in which I am the victim in a biased
> manner because I have opposed an act or behavior prohibited by the ADA, such
> bias would also be considered retaliatory and, therefore, discriminatory
> (42 USC 12203).
>
> In addition to the federl law cited above, Florida law provides
> that disabled individuals have the right to full and equal access to all
> public accommodations (413.08(2) f.s.) and have the right to be accompanied
> by a service dog (413.08(3) f.s.). Violation of this florida statute is a
>
> second degree misdemeanor (413)08(4) f.s.).
>
> The bailiff, Sgt. Escobio, and Judge manning all treated me in a
> discriminatory manner when all I was attempting to do was to exercise my
> rights as a citizen. When I opposed their attempts to treat me in a
> discriminatory manner, I was met with arrogance, dismissiveness, and
> disrespect. In fact, though Judge Manning seemed to extend understanding and
> compassion to those who had violated the law, the same understanding and
> compassion was not afforded one whose only transgression was to protect and
> secure my civil rights, something completely unexpected and offensive in a
> Court of law in which an individual's civil rights should be affirmed, not
> dismissed. I strongly encourage those who have the authority to remedy this
> situation so it does not occur to someone else and take corrective measures
> to make this situation a learning experience for all. If I can facilitate
> this process, please do not hesitate to get in touch with me. My contact
> information is below my signature.
>
>
>
> Respectfully yours,
>
> Marion Gwizdala, President
>
> National Association of Guide Dog Users Inc.
>
> National Federation of the Blind
>
> (813) 626-2789
>
>
>
> The National Federation of the Blind knows that blindness is not
> the characteristic that defines you or your future. Every day we raise the
> expectations of blind people because low expectations create obstacles
> between blind people and our dreams. You can live the life you want!
> Blindness is not what holds you back.
>
>
>
>
>
>
>
>
>
>
>
> _______________________________________________
> NAGDU mailing list
> NAGDU at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for NAGDU:
> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/mike%40michaelhingson.com
>
>
> _______________________________________________
> NAGDU mailing list
> NAGDU at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for NAGDU:
> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/cape.amanda%40gmail.com
>
>
>
>
> ------------------------------
>
> Subject: Digest Footer
>
> _______________________________________________
> NAGDU mailing list
> NAGDU at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>
>
> ------------------------------
>
> End of NAGDU Digest, Vol 175, Issue 11
> **************************************
More information about the NAGDU
mailing list