[blindlaw] Text of a pending complaint

[Mark BurningHawk]

Tim:
First.  I do not like touching or being touched by people I do not know. 
The consensus on this seems to be, "well you should get over that because 
you need to be touched in order to be helped."  I refuse this, and anyone 
throwing an elbow at me for any reason is going to activate my defense 
reflexes, as learned in my extensive martial arts training, and as would any 
sighted person.  If I were sighted, what the station agent did would be 
considered assault, and he could be brought up on charges based on this. 
Why should it not be different in the case of a blind person?  I do not 
accept responsibility for how people I do not even know attempt to train 
sighted people to assist blind people.  My experience has been that this 
training tends toward the "lowest common denominator," of the blind, and I 
am not that.  Secondly, there was no call for it to get out of hand.  I said 
numerous times"no thanks, I don't want your help."  It is my right to refuse 
help.  I was not at any time in danger of being near an edge, nor did I do 
anything which jeopardized anyone's safety.  I have the right to refuse 
assistance, and did so politely and quietly.  I at no time yelled, swore or 
became unruly.  I used big words and a level tone of voice, and my dog was 
calmly sitting at my side.  Your approach of "sometimes you just have to 
accept help," frankly disgusts me.  It's a very spineless approach, and one 
I cannot abide.  Also, just because BART may have done things to accommodate 
blind people is no excuse to let them off the hook when they become pushy, 
overbearing and attempt to take away my autonomy; this is unacceptable 
behavior from anyone.  I do not claim to be the best blind person in terms 
of mobility or learning new things quickly or anything of the sort; however, 
I do insist that I have the right to do things my way; if I want to turn 
around three times to show my dog an escalator, so long as I'm not bleeding 
from an artery or pushing people out of my way, that's my right; I can do 
that, and often choose to, so that I and my dog learn more, rather than just 
being towed about by the elbow, at the mercy of a stranger.  My ways are 
different, and I don't try to change other blind people to conform to my 
beliefs; I would appreciate the same courtesy, since again I am not harming 
people.  As far as the tactual strips, I can take or leave them, and see no 
real point in getting into an argument about it.  The point here is that I 
do not abide people making judgments of my capability based on blindness, 
when they themselves are unfamiliar with blindness and blind people.  It'd 
be like trying to tell my sighted friend how to drive.  What works for many 
does not work for me, and in this particular incident, the standards of "the 
blind," were forced down my throat.  My guide dog was tired, confused is 
relatively new and had never been there before; I do not believe that even a 
seasoned dog and handler team would have done much better.  He and I were 
insulted and demeaned and I will NOT let that go just so that "the blind 
community," can benefit from overbearing attempts to make the world safer 
for them despite themselves.  I disagree thatBART is at all friendly; many 
times I am harassed in minor ways by station personnel, who don not take no 
for an answer.  I insist on my autonomy and that I be treated with respect, 
and making a judgment call that robs me of my autonomy in a situation that 
does not warrant it is a disrespect that I will not abide.

THanks for your opinion.