[tabi] Re: Fwd: Re: OCT 10 Guide Dog Protest
- From: "Evelyn Worley" <eworley@xxxxxxxxxxxxxxxxxxxxx>
- To: <tabi@xxxxxxxxxxxxx>
- Date: Thu, 9 Oct 2014 13:30:59 -0400
Thank you all for keeping us informed and up-do-date about the developments
regarding this issue. I'm working on spreading the word about it to those not
yet participating in TABI.
Evelyn Worley, COMS, CVRT
Assistant Director
DINING IN THE DARK is Sunday, October 26th! Interested?
Please check it out at: http://www.firesight.org/LBBDID.htm
Lighthouse of the Big Bend “Guiding People Through Vision Loss”
3071 Highland Oaks Terrace, Tallahassee, FL 32301
(850) 942-3658 - info@xxxxxxxxxxxxxxxxxxxxx - http://www.lighthousebigbend.org
-----Original Message-----
From: tabi-bounce@xxxxxxxxxxxxx [mailto:tabi-bounce@xxxxxxxxxxxxx] On Behalf Of
mccaulo@xxxxxxxxxxxx
Sent: Thursday, October 09, 2014 12:00 PM
To: tabi@xxxxxxxxxxxxx
Subject: [tabi] Fwd: Re: OCT 10 Guide Dog Protest
Here is the article from the Tallahassee Democrat website:
Protest at museum in aftermath of blind woman's treatment.
A protest is scheduled for Friday afternoon to highlight an incident where a
legally blind woman said she and her guide dog were harassed by contracted
security guards at the Museum of Florida History.
Tiffany Baylor said when she visited an exhibit at the museum Oct. 1 security
guards, U.S. Security Associates employees contracted with Department of
Management Services, told her she could not have her guide dog in the museum.
She told the Democrat the guards harangued her 2-year-old black lab Lando as
she viewed the exhibit and began demanding to see paperwork proving she was
blind and required the dog for mobility.
"You know you're disabled, but you want to go through the community like
everybody else," Baylor said. "When someone centers on that, but then harasses
you openly in front of everybody, it's kind of humiliating."
The museum is housed in the bottom level of the Florida Department of State
building on Bronough Street.
Baylor said Secretary of State Ken Detzner called her Thursday morning and
apologized. She said Detzner told her he would advocate for disciplinary action
and training for the security guards and offered to walk her through the museum
next week.
Interfering with admittance to a public space by a person with a disability or
their guide animal is a second-degree misdemeanor with a maximum sentence of 60
days.
By state law, disabled individuals are not required to show proof of their
disability.
In a statement submitted to state officials about the incident, Baylor wrote,
"the security guard continued and replied that he wanted to see proof that it
was in fact a guide dog and not just a pet. I pulled the dog away from him a
second time, and stated that there was a harness on the dog which clearly
states 'Guide Dogs for the Blind, Inc.' He stated that the harness was not
enough proof and that I needed to show him a card or papers as proof."
Baylor is legally blind and has tunnel vision in her left eye from birth
defects related to rubella and glaucoma.
The Democrat has requested surveillance video and comment from DMS and
Department of State officials while the incident is still under investigation.
Disability advocate J.R. Harding said there are no public portions of state
buildings that are exempt from the Americans with Disabilities Act.
"Essentially all public building are open and service animals cannot be
denied," Harding said, adding that officials can ask what service a guide
animal provides, but not about an individual's disability.
In her statement Baylor said she moved away from the security guard, who again
approached her asking for proof that the dog was a service animal, telling her
he would "let her stay in here this time, but you cannot come back in here
without papers for the dog."
Friday's protest is scheduled from 2 to 4 p.m. outside of the museum at
500 S. Bronough St. and will include members of the National Federation of the
Blind and their service dogs.
Baylor said its not the policies of the R.A. Gray Building are not in question,
it's those of the security company.
"The guards are the ones out of line," she said.
Check back with Tallahassee.com for updates on this story.
-----Original Message-----
From: mccaulo <mccaulo@xxxxxxxxxxxx>
To: tabi <tabi@xxxxxxxxxxxxx>
Sent: Thu, Oct 9, 2014 8:51 am
Subject: [tabi] Re: OCT 10 Guide Dog Protest
I have attached section 413.08, Florida Statutes for your reading pleasure. See
section (3) in general and section (3)(e) in particular, as well as section
(4). I hope this helps contribute to any discussions held on Friday.
413.08. Rights of an individual with a disability; use of a service animal;
discrimination in public employment or housing accommodations; penalties
(1) As used in this section and s. 413.081, the term:
(a) “Housing accommodation” means any real property or portion thereof which is
used or occupied, or intended, arranged, or designed to be used or occupied, as
the home, residence, or sleeping place of one or more persons, but does not
include any single-family residence, the occupants of which rent, lease, or
furnish for compensation not more than one room therein.
(b) “Individual with a disability” means a person who is deaf, hard of hearing,
blind, visually impaired, or otherwise physically disabled. As used in this
paragraph, the term:
1. “Hard of hearing” means an individual who has suffered a permanent hearing
impairment that is severe enough to necessitate the use of amplification
devices to discriminate speech sounds in verbal communication.
2. “Physically disabled” means any person who has a physical impairment that
substantially limits one or more major life activities.
(c) “Public accommodation” means a common carrier, airplane, motor vehicle,
railroad train, motor bus, streetcar, boat, or other public conveyance or mode
of transportation; hotel; lodging place; place of public accommodation,
amusement, or resort; and other places to which the general public is invited,
subject only to the conditions and limitations established by law and
applicable alike to all persons.
(d) “Service animal” means an animal that is trained to perform tasks for an
individual with a disability. The tasks may include, but are not limited to,
guiding a person who is visually impaired or blind, alerting a person who is
deaf or hard of hearing, pulling a wheelchair, assisting with mobility or
balance, alerting and protecting a person who is having a seizure, retrieving
objects, or performing other special tasks. A service animal is not a pet.
(2) An individual with a disability is entitled to full and equal
accommodations, advantages, facilities, and privileges in all public
accommodations. This section does not require any person, firm, business, or
corporation, or any agent thereof, to modify or provide any vehicle, premises,
facility, or service to a higher degree of accommodation than is required for a
person not so disabled.
(3) An individual with a disability has the right to be accompanied by a
service animal in all areas of a public accommodation that the public or
customers are normally permitted to occupy.
(a) Documentation that the service animal is trained is not a precondition for
providing service to an individual accompanied by a service animal. A public
accommodation may ask if an animal is a service animal or what tasks the animal
has been trained to perform in order to determine the difference between a
service animal and a pet.
(b) A public accommodation may not impose a deposit or surcharge on an
individual with a disability as a precondition to permitting a service animal
to accompany the individual with a disability, even if a deposit is routinely
required for pets.
(c) An individual with a disability is liable for damage caused by a service
animal if it is the regular policy and practice of the public accommodation to
charge nondisabled persons for damages caused by their pets.
(d) The care or supervision of a service animal is the responsibility of the
individual owner. A public accommodation is not required to provide care or
food or a special location for the service animal or assistance with removing
animal excrement.
(e) A public accommodation may exclude or remove any animal from the premises,
including a service animal, if the animal's behavior poses a direct threat to
the health and safety of others. Allergies and fear of animals are not valid
reasons for denying access or refusing service to an individual with a service
animal. If a service animal is excluded or removed for being a direct threat to
others, the public accommodation must provide the individual with a disability
the option of continuing access to the public accommodation without having the
service animal on the premises.
(4) Any person, firm, or corporation, or the agent of any person, firm, or
corporation, who denies or interferes with admittance to, or enjoyment of, a
public accommodation or otherwise interferes with the rights of an individual
with a disability or the trainer of a service animal while engaged in the
training of such an animal pursuant to subsection (8), commits a misdemeanor of
the second degree, punishable as provided in s. 775.082 or s. 775.083.
(5) It is the policy of this state that an individual with a disability be
employed in the service of the state or political subdivisions of the state, in
the public schools, and in all other employment supported in whole or in part
by public funds, and an employer may not refuse employment to such a person on
the basis of the disability alone, unless it is shown that the particular
disability prevents the satisfactory performance of the work involved.
(6) An individual with a disability is entitled to rent, lease, or purchase, as
other members of the general public, any housing accommodations offered for
rent, lease, or other compensation in this state, subject to the conditions and
limitations established by law and applicable alike to all persons.
(a) This section does not require any person renting, leasing, or otherwise
providing real property for compensation to modify her or his property in any
way or provide a higher degree of care for an individual with a disability than
for a person who is not disabled.
(b) An individual with a disability who has a service animal or who obtains a
service animal is entitled to full and equal access to all housing
accommodations provided for in this section, and such a person may not be
required to pay extra compensation for the service animal.
However, such a person is liable for any damage done to the premises or to
another person on the premises by such an animal. A housing accommodation may
request proof of compliance with vaccination requirements.
(7) An employer covered under subsection (5) who discriminates against an
individual with a disability in employment, unless it is shown that the
particular disability prevents the satisfactory performance of the work
involved, or any person, firm, or corporation, or the agent of any person,
firm, or corporation, providing housing accommodations as provided in
subsection (6) who discriminates against an individual with a disability,
commits a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
(8) Any trainer of a service animal, while engaged in the training of such an
animal, has the same rights and privileges with respect to access to public
facilities and the same liability for damage as is provided for those persons
described in subsection (3) accompanied by service animals.
-----Original Message-----
From: Tinetta Cooper <tanetjec@xxxxxxxxx>
To: tabi <tabi@xxxxxxxxxxxxx>
Sent: Wed, Oct 8, 2014 8:35 pm
Subject: [tabi] Re: OCT 10 Guide Dog Protest
I’m sure many of us know Tiffany by the last name Wilson. Now she is going by
Tiffany Baylor. I will be at the demonstration on Friday and hope many of you
will join us! From: tabi-bounce@xxxxxxxxxxxxx
[mailto:tabi-bounce@xxxxxxxxxxxxx] On Behalf Of Sila Miller
Sent: Wednesday, October 08, 2014 8:11 PM
To: Johnnie Slaton
Cc: tabi@xxxxxxxxxxxxx
Subject: [tabi] Re: OCT 10 Guide Dog Protest
Hello everyone,
Further information is below. Also, my sincere apologies to Tiffany for
mistaking her last name.
Sila
FOR IMMEDIATE RELEASE
Contact: Marion Gwizdala, President National Association of
Guide dog Users National Federation of the Blind
813-626-2789 President@xxxxxxxxx NATIONAL FEDERATION OF THE BLIND PROTESTS
DISCRIMINATION BY STATE SECURITY CONTRACTORTallahassee, Fla. (October 7, 2014):
On Friday, October 10, from 2:00 – 4:00 p.m., members of the National
Federation of the Blind will gather outside the Museum of Florida History,
located at 500 S. Bronough Street in Tallahassee, to protest an attempt to
forcibly remove a blind woman who uses a guide dog from the museum. The
incident occurred when Tiffany Baylor, a blind woman who uses a guide dog,
visited the museum on the first day of Meet the Blind Month, a nationally
recognized campaign of the National Federation of the Blind. Governor Rick
Scott has also proclaimed October as Disability Awareness Month. Ms. Baylor was
visiting the museum to view a special tactile quilt that was on display at the
museum. One security officer grabbed the dog’s harness, asserting he needed
more proof than her credible assurance, in spite of the fact that the harness
was clearly marked with the words “Guide Dogs for the Blind”. When Ms. Baylor
attempted to educate the officers about the Americans with Disabilities Act
(ADA) and Florida law regarding service animals, the officers asserted that
those laws did not apply in state buildings.“We are here to demand that
criminal charges be brought against the offending officers as set forth in
Florida law,” said Marion Gwizdala, president of the National Association of
Guide Dog Users (NAGDU), the National Federation of the Blind’s special
interest group for guide dog users. “We also demand that they be appropriately
disciplined by their employer, that clear written policies be created, and that
all state staff and contract personnel receive training on these policies and
the laws concerning service dogs.” Title II of the Americans with Disabilities
Act states, “No qualified individual with a disability shall, by reason of such
disability, be excluded from participation in or be denied the benefits of the
services, programs, or activities of a public entity, or be subjected to
discrimination by any such entity” and allows disabled individuals to be
accompanied by a service dog in any place the general public is allowed.
Florida statute makes it a second degree misdemeanor to interfere with the
rights of a disabled individual or to obstruct, intimidate, or otherwise
jeopardize the safety of a service animal or its user. The implementing
regulations of the ADA and the pertinent sections of Florida statute are
available upon request.# # # About the National Federation of the Blind 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.
About the National Association of Guide Dog UsersThe National Association of
Guide dog Users is the nation’s leading organization for blind people who use
guide dogs. NAGDU is a strong and proud division of the National Federation of
the Blind. NAGDU conducts public awareness campaigns on issues of guide dog
use, provides advocacy support for guide dog handlers who face discrimination,
supports sound policy and effective legislation to protect the rights of guide
dog users, offers educational programs to school and civic organizations, and
functions as an integral part of the National Federation of the Blind. For more
information about the National Association of Guide Dog Users and to support
our work, you can visit our website at HTTP://WWW.NAGDU.ORG or send an email
message to Info@xxxxxxxxx.
Check out the TABI resource web page at http://home.comcast.net/~acorange/TABI
and please make suggestions for new material. If you find something
out-of-date, and you'd like it to be updated, please let the list owner know.
Without comments as to what is helpful, and what should be included on the TABI
resources page, it's unlikely that any volunteer work will occur.
if you'd like to unsubscribe you can do so through the freelists.org web
interface, or by sending an email to the address tabi-request@xxxxxxxxxxxxx
with the word "unsubscribe" in the subject.
Check out the TABI resource web page at http://home.comcast.net/~acorange/TABI
and please make suggestions for new material. If you find something
out-of-date, and you'd like it to be updated, please let the list owner know.
Without comments as to what is helpful, and what should be included on the TABI
resources page, it's unlikely that any volunteer work will occur.
if you'd like to unsubscribe you can do so through the freelists.org web
interface, or by sending an email to the address tabi-request@xxxxxxxxxxxxx
with the word "unsubscribe" in the subject.
Check out the TABI resource web page at http://home.comcast.net/~acorange/TABI
and please make suggestions for new material. If you find something
out-of-date, and you'd like it to be updated, please let the list owner know.
Without comments as to what is helpful, and what should be included on the TABI
resources page, it's unlikely that any volunteer work will occur.
if you'd like to unsubscribe you can do so through the freelists.org web
interface, or by sending an email to the address tabi-request@xxxxxxxxxxxxx
with the word "unsubscribe" in the subject.
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