[NFBF-L] Why Pack the Courtroom with Service Dogs?
Diana Alves de Oliveira
dianaoliveira58 at gmail.com
Wed Oct 23 17:50:35 UTC 2019
Hello everyone. I’m sorry to say, but I have to agree with the judge. I don’t see any grounds for discrimination there.
Diana Oliveira
Secretary- Miami-Dade Chapter
305-988-2713
dianaoliveira58 at gmail.com
> On Oct 23, 2019, at 9:38 AM, JD Townsend via NFBF-L <nfbf-l at nfbnet.org> wrote:
>
> Hello Marion,
>
> Trust you to stand up for all of our rights. While it is a dog guide issue it is, at the same time, a issue for all of the blind. Thank you.
>
>
>
> Sent from JD
>
> From: ‘Marion Gwizdala via NFBF-L
> Sent: Tuesday, October 22, 2019 2:47 PM
> To: NFB of Florida Tampa Chapter List; NFB of Florida Internet Mailing List
> Cc: Marion Gwizdala; 'Marion Gwizdala'
> Subject: [NFBF-L] Why Pack the Courtroom with Service Dogs?
>
> 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
>
> President at NAGDU.ORG
>
>
>
> 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.
>
>
>
>
>
>
>
>
>
>
>
> _______________________________________________
> NFBF-L mailing list
> NFBF-L at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nfbf-l_nfbnet.org
> To unsubscribe, change your list options or get your account info for NFBF-L:
> http://nfbnet.org/mailman/options/nfbf-l_nfbnet.org/townsend.lcsw%40gmail.com
>
> _______________________________________________
> NFBF-L mailing list
> NFBF-L at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nfbf-l_nfbnet.org
> To unsubscribe, change your list options or get your account info for NFBF-L:
> http://nfbnet.org/mailman/options/nfbf-l_nfbnet.org/dianaoliveira58%40gmail.com
More information about the NFBF-L
mailing list