[blindlaw] Text of a pending complaint

Mark BurningHawk stone_troll at sbcglobal.net
Thu Oct 26 11:48:59 CDT 2006


Heh. that wouldn't surprise me.  "the other left." idiots.

----- Original Message ----- 
From: "Mike Freeman" <k7uij at panix.com>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Thursday, October 26, 2006 8:52 AM
Subject: Re: [blindlaw] Text of a pending complaint


> Perhaps they didn't know their left from their right! <g>
>
> Mike
>
> ----- Original Message ----- 
> From: "Angie Matney" <angie at mpmail.net>
> To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
> Sent: Wednesday, October 25, 2006 11:31 AM
> Subject: Re: [blindlaw] Text of a pending complaint
>
>
> Hi Mark,
>
> I totally understand. In an extreme example, airline personnel refused to
> tell me the direciton to my gate. It was a simple question: Do I go left 
> or
> right? When they refused to tell me, I decided to go on my own. One woman
> decided to leave her post to follow me,
> and she was snippy with me because of this. I told her I accepted no
> responsibility for this decision of hers. I didn't formally complain about
> this issue because it was so quickly resolved. I agree that insisting we
> take help we don't need is something that shouldn't
> always be swept under the rug.
>
> Angie
>
> On Wed, 25 Oct 2006 11:15:51 -0700, Mark BurningHawk wrote:
>
>>I *CAN* understand the station personnel's concern  When Osaka missed the
>>escalator and I doubled back, they did not understand.  Given the noise
>>level and the number of people who were talking at me all at once, I chose
>>to concentrate on making sure my dog was not overly stressed and that he
>>knew what I wanted.  I can understand that they don't know how a guide dog
>>and handler team works, that it looked like I was lost or confused and 
>>that
>>they wanted to help.  That part is reasonable; what is NOT reasonable is 
>>to
>>insist that I take their help or else, and to refuse my calm assurances
>>that
>>I was okay.  I should point out that once m the platform I did not walk
>>around on the platform and in fact was standing quite still waiting for 
>>the
>>train when the cop approached me.   I'm not faulting them for wanting to
>>help; I'm faulting them for insisting that I accept their help and
>>threatening me with disciplinary action.  That's what I hope to change;
>>nothing more.
>
>>----- Original Message ----- 
>>From: "Angie Matney" <angie at mpmail.net>
>>To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
>>Sent: Wednesday, October 25, 2006 10:50 AM
>>Subject: Re: [blindlaw] Text of a pending complaint
>
>
>>> This will be quick, so I can't fully respond. I will do that later.
>>>
>>> Steve said in part:
>>>
>>>>It is my understanding that nothing in the ADA implies that someone else
>>>>is responsible for your safety.  In fact, the NFB worked hard to get a
>>>>provision added that
>>>>gives us the right not to accept an "accommodation."  Someone more
>>>>familiar with the law can probably point out where this can be found or
>>>>maybe you are already
>>>>familiar with that part of the law.
>>>
>>> Actually, there has been some case law that says an employer can refuse
>>> to
>>> hire someone because they believe their safety is at risk due to their
>>> disability. The case is Chevron v. Echazabal (or something similar). 
>>> This
>>> extended the concdept of someone posing a
>>> threat to others (for a contageous disease, for example) to someone
>>> posing
>>> a threat to their own safety. Mark's situation is very different, byt
>>> this
>>> case law does exist.
>>>
>>> But I am a 1L, so I have nothing more to say. (grin)
>>>
>>> Mark, sorry this happened to you. I have had some dehumanizing
>>> experiences
>>> as well, and it is very hard.
>>>
>>> Angie
>>>
>>>
>>>
>>>
>>>
>>> _______________________________________________
>>> blindlaw mailing list
>>> blindlaw at nfbnet.org
>>> http://www.nfbnet.org/mailman/listinfo/blindlaw
>>>
>
>
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>
>
>
>
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