[NFBF-L] Why Pack the Courtroom with Service Dogs?

Wed Oct 23 18:06:40 UTC 2019

What was the conclusion

Sent from J Beyer’s iPhone, Have a Bless Day!

> On Oct 23, 2019, at 1:51 PM, Diana Alves de Oliveira via NFBF-L <nfbf-l at nfbnet.org> wrote:
> 
> 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.
>> 
>> 
>> 
>> 
>> 
>> 
>> 
>> 
>> 
>> 
>> 
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> 
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