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

kroskos at cox.net kroskos at cox.net
Thu Oct 24 13:53:20 UTC 2019 

               Denying a disabled person access to a public courtroom 
because other service animals may not be under control is very definitely 
discrimination.  As service animal handlers, we are responsible for our own 
dog's behavior.  Dogs that show misbehavior are the exclusive 
responsibility  of their individual owners, and no one else's rights should 
be compromised by what another service animal might do.  Further, if a 
service animal is not under control, they have every right to remove it from 
the premises.  This is a clear-cut case of discrimination.



-----Original Message----- 
From: Diana Alves de Oliveira via NFBF-L
Sent: Wednesday, October 23, 2019 12:50 PM
To: NFB of Florida Internet Mailing List
Cc: Diana Alves de Oliveira ; NFB of Florida Tampa Chapter List ; Marion 
Gwizdala
Subject: Re: [NFBF-L] Why Pack the Courtroom with Service Dogs?

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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