[blindlaw] Text of a pending complaint

[Scott C. LaBarre]

Greetings:

   First, we will not tollerate anyone calling another list member spineless 
or actions of another list members spineless and disgusting.  I realize that 
emotions can run high on issues like this, but if you find yourself getting 
worked up over another list member's comments, wait at least a day before 
responding so that you can allow the objective part of your brain to take 
hold.  This is an official warning to all list members that the next time 
someone uses ad hominime language to address another list members or the 
comments of another list member.  That individual will be removed and will 
have to reapply for membership at a later date.

As for the merits of the issue, the ADA requires that transit agencies 
provide access to transit vehicles through appropriate announcements etc.  A 
temporary malfunction would not be a violation.  If that malfunction 
persists after a period of complaints to alert the provider, that would 
probably be construed as a violation.  Section 501-D of the ADA provides 
that a person may refuse an accommodation.  However, this section has not 
been litigated to the point where I can give any meaningful  guidance as to 
how it would be interpreted.

Frankly, I find Tim's comments well reasoned and something that should allow 
us to view this situation with some perspective.  Ideally, we would all like 
the world to behave towards us in a certain manner, but it often doesn't. 
It will take us a long time to complete the education necessary to make this 
kind of incident a thing of the past.

I understand how Mark feels because those of us who are blind have all been 
there.  Mark, you should write a letter but give yourself a few more days 
and see whether your letter is too emotional.  I also recommend the informal 
approach first.  Ask for a meeting with the involved individuals and whoever 
else for the purpose of educating them on how the situation should have been 
handled.  If this request is denied or ignored, then it is time to think 
about something more formal to get their attention.

Any way, those are my thoughts.  That and $4.99 will get you a Starbucks.
Scott C. LaBarre, Esq.
President, National Association of Blind Lawyers

LaBarre Law Offices P.C.
1660 South Albion Street, Ste. 918
Denver, Colorado 80222
Voice:  303 504-5979
Fax:  303 757-3640
E-mail:  slabarre at labarrelaw.com
Website:  www.labarrelaw.com
----- Original Message ----- 
From: "Mark BurningHawk" <stone_troll at sbcglobal.net>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Tuesday, October 24, 2006 9:31 PM
Subject: Re: [blindlaw] Text of a pending complaint


> 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.
>
>
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