[blindlaw] Now time to celebrate new blind Governor publicly; tim e enugh for private education later
McCarthy, Jim
JMcCarthy at nfb.org
Fri Mar 14 12:47:45 CDT 2008
I have a distinct recollection of that case reading it in my torts class
in law school. I think that the characterization offered by Bruce was
correct because the state of Louisiana (and not the blind guy) was
actually being sued for the personal injury that resulted. The state
was not found liable and I believe the court discussed a reasonable
blind person standard for determining whether the blind vendor would be
liable. What I do not recall is whether that discussion was in fact
dicta given that the blind guy was not being sued. Would an ordinary
blind person use or not use a cane in the situation that he found
himself in at that time was the question as I recall it. I am not sure
though that the court ever reached a decision on that question.
Jim McCarthy
-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org]
On Behalf Of E.J. Zufelt
Sent: Friday, March 14, 2008 1:43 PM
To: NFBnet Blind Law Mailing List
Subject: Re: [blindlaw] Now time to celebrate new blind Governor
publicly;tim e enugh for private education later
Interesting about the case.
Does anyone know if any common law jurisdictions have established a
standard of care for such a situation?
EJ
----- Original Message -----
From: "Bruce E. Naccari" <bnaccari at cox.net>
To: <blindlaw at nfbnet.org>
Cc: <blindlaw-request at nfbnet.org>
Sent: Friday, March 14, 2008 2:19 PM
Subject: [blindlaw] Now time to celebrate new blind Governor publicly;
tim e enugh for private education later
> I think I begin to read here some criticism of Governor Peterson for
> not using normal blindness ways of doing things but also some praise
> of those who choose not to use canes or dogs;anticipating more
> discussion of this issue I offer my own opinion:
> While the news media is celebrating in a positive way the elevation of
> a man they are calling our first blind American governor, it would not
> be timely or useful for any blind persons to reproach him for
> choosing, as many affluent and/or powerful blind individuals seem to
do, not to use a
> long white cane or a guide dog. That is my opinion; and I believe it
is
> consistent with the evolution of the internal culture of the NFB I
> have observed occur as more and more battles have been won: as the
> organized blind have become more powerful and have won more and more
> battles, the need to be as combative and aggressive as in earlier
years has lessened.
> This was more or less explicitly stated by the late great Dr.
> Jernigan in one of his Presidential addresses to the NFB Convention in
> which he addressed those who were criticizing him for sometimes
> having his spouse assist his mobility in crowded environments by his
> taking her arm in a dignified and discreet way, where cane use would
> have meant one of those not especially navigationally -useful
> uninterrupted and repeatedly-thwarted cane-swingings into a thicket of
> others' shins, ankles or calves and unnecessarily slow progress ,
> given that Mrs. Jernigan was at his side anyway. That address by Dr.
> Jernigan was rather historic because it began the process by which he
> and then President Maurer have presided over the NFB evolving from the
> then-necessary model of Saul Alinsky-like confrontation of the Sixties
> to the sort of powerful mainstream education and lobbying and advocacy
> we now see bearing so much fruit. So let not Governor Peterson be
> reproached publicly in anyway for not using a cane, I would urge.
>
> That said, I would argue against the position that it is somehow
> praiseworthy that the new Governor does not use a cane or dog. As a
> person who became blind very slowly by a slow late-blooming RP, I
> chose with NFB Encouragement to begin using a long white cane in
> public places long before it was strictly necessary for my own
> convenience. Although I was then, about 18 years ago, already
> "legally" blind, I could still read print of the thicker larger
> typefaces and could make eye contact and navigate by sight. And I
> still wore and used spectacles. ( A bit comically, I still wear them
> because of the slight UV protection and because I recall my rather
> thuggish face looks better with them than without them!) But I cannot
> count how many times I broke those spectacles by walking into poles or
> posts, how many holes and steps I fell or skidded down, etc. Such
> mishaps were inevitable unless I had, caneless, restricted my mobility
> to walking with others' guidance, something I think is to be avoided
> for sure. Others' guidance is fine when available and more efficient;
> but no one should need it. However, it was not the expense of broken
> eyeglasses or the pain of smashed nose thumpings or twisted ankles
> that finally persuaded me to carry my cane at all times, even inside
stores and my work building; rather, it was a debt of justice to
others.
> I began to find I could not travel alone without another's guidance
> and without a cane without risk to others. The chagrin and remorse I
> felt when I had a collision I caused with an elder woman of many
> decades age with a painful back condition was critical I had not been
> able to see her; but I had enough vision to be trying to navigate a
> supermarket without a cane and then to observe the extreme pain my
> collision with her bad back was causing her. I realized that the cane
> not only served to make my own travel more efficient and safe for me;
> it also alerted others not to rely on my inefficient sight. Of
> course, when I began to use my long white cane while still having som
> nough sight that my limited seeing was perceived as sight by others,
> the experience was not without moments of comedy or awkwardness: the
> times I was mistaken for a pool player carrying his cue stick; the
> times the ignorant might even become belligerent and accuse me of
"faking"
> blindness, etc. But cane use definitely passed the cost-benefit
analysis.
> My experiences in that transitional stage were not unique. If you
> look In the Southern Reporter, Second series, you will find a case
> report of a Louisiana tort suit filed against the State by a plaintiff
> injured by the New Orleans State Office Building's blind vendor when
he, who did not
> use a cane or a dog, had caused a collision when he was walking
> apparently "sighted" to the men's room from his stand. He knew his way
> by heart; but the person with whom he collided had no warning that the
> vendor could not see the plaintiff and avoid him or her as sighted
> folk routinely avoid each other by close passings. AS I recall eth
> plaintiff lost but only because the courts properly held the State
> as a mere landlord and concession grantor and Randolph-Shepard
> administrator was not responsible for the vendor's conduct. We blind
> folk are responsible for our own choices, including any damage we
> might cause to others if we are deemed negligent I traveling alone
> without the appropriate and easily-obtainable use of a long white
> cane or a guide dog. Let us remember the cane and the dog not only are
> obviously beneficial to us; they also in my opinion render courtesy
> and do justice to others by letting them know they should not rely on
us to see them as would a sighted pedestrian.
>
> But if that message and any message about Braille and/or use of
> alternative blind ways of doing things like screen reading software is
> to be "preached" to governor Peterson, it seems to me it would be most
> useful to the cause of the blind and more politic and courteous to
> have the NFB of New York or another present or former blind public
> official give that sermon to him privately and deferentially.
>
> P.S. If I am improperly posting by teh wrong steps here please give
> me instruction on how to post properly. I'm a novice with this format.
> BEN
> ---- blindlaw-request at nfbnet.org wrote:
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>> When replying, please edit your Subject line so it is more specific
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>>
>>
>> Today's Topics:
>>
>> 1. Re: New York's lieutenant governor, a blind lawyer,
>> (Mark BurningHawk)
>>
>>
>> ---------------------------------------------------------------------
>> -
>>
>> Message: 1
>> Date: Fri, 14 Mar 2008 08:31:15 -0800
>> From: "Mark BurningHawk" <stone_troll at sbcglobal.net>
>> Subject: Re: [blindlaw] New York's lieutenant governor, a blind
>> lawyer,
>> To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
>> Message-ID: <001201c885f0$d3483870$4201a8c0 at markea5ff9c354>
>> Content-Type: text/plain; format=flowed; charset="iso-8859-1";
>> reply-type=original
>>
>> Or, maybe he's too caught up in living a real life to worry about
>> what kind of blind person he's being.
>> ----- Original Message -----
>> From: "Corey Cook" <coreyfaith at bellsouth.net>
>> To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
>> Sent: Thursday, March 13, 2008 8:15 PM
>> Subject: Re: [blindlaw] New York's lieutenant governor, a blind
>> lawyer,
>>
>>
>> AMEN!!!
>>
>> Corey Cook
>> Live Journal
>> http://vanguardman.livejournal.com/
>> Xanga
>> http://www.xanga.com/ciu_nice_guy
>> AIM
>> goldadore922
>> MSN
>> romans815 at earthlink.net
>>
>> ----- Original Message -----
>> From: Rod Alcidonis
>> To: NFBnet Blind Law Mailing List
>> Sent: Thursday, March 13, 2008 10:07 PM
>> Subject: Re: [blindlaw] New York's lieutenant governor, a blind
>> lawyer,
>>
>>
>> This is an attitude of the past and it has been rejected on
numerous
>> occasions on this list. The notion that "my way is the highway" is
>> unhealthy
>> and we need to stop preaching it. I am a firm advocate for Braille
>> literacy,
>> and I always try to focus my effort to encourage only those who are
>> in need
>> of my encouragement. One doesn't become a successful politician
over 22
>> years by not being independent. This fact can be easily assumed. If
>> he has
>> been successful at it since 1986, I doubt it is anyone's business
to
>> question his level of independence in 2008.
>>
>> We each as blind individuals have our strength and weaknesses; no
>> one is
>> perfectly independent in this world. What works for you may not
>> work for
>> him, and vice versa. This does not, however, in any ways, suggest
>> that he is
>> less independent than you are.
>>
>> If he is not considered independent to you, let me remind you that
>> he is the
>> first one to make us proud in this capacity. I know others have
>> written on
>> the list in recent days to diminish that aspect with words of
>> speculation,
>> and it is just unfortunate. Also, remember that Stevie Wonder and
Ray
>> Charles never made us that proud in the world despite their level
>> of fame.
>>
>> As oppose to celebrating such a great achievement by a blind person
>> in such
>> an ignorant and unforgiving society, it is regrettable that some of
>> us are
>> casting doubts on his abilities before he even has the chance to
prove
>> himself. Shame on anyone who feel that this is appropriate at this
>> time.
>> The
>> media is not doing it but you, as a blind person is doing it. This
is
>> frankly regretable. As blind folks we have to begin to learn the
>> need to
>> celebrate the achievements of others like us, regardless of their
>> scope,
>> before we begin to advance our unhealthy judgmental attitude of the
>> past to
>> diminish others successes.
>>
>> Rod Alcidonis
>> Juris Doctor Candidate, 2009.
>> Roger Williams University School of Law
>> 10 Metacom Ave., Box: 9003
>> Bristol, RI 02809
>> Cell: 718-704-4651
>> Home: 401-824-8685
>> Visit my Law School Blog at:
>> http://blogs.rwu.edu/law/ralcidonis
>>
>>
>> ----- Original Message -----
>> From: "albert griffith" <albertpgriffith at hotmail.com>
>> To: "'NFBnet Blind Law Mailing List'" <blindlaw at nfbnet.org>
>> Sent: Thursday, March 13, 2008 9:30 PM
>> Subject: Re: [blindlaw] New York's lieutenant governor, a blind
>> lawyer,
>>
>>
>> > Whether the man uses Braille or a cane isn't relevant to his
>> > qualifications
>> > as a politician but it does cause me to wonder a little about him
>> > personally. Someone who can only see shapes and doesn't use a
>> white cane
>> > can't be fully independent.
>> >
>> > -----Original Message-----
>> > From: blindlaw-bounces at nfbnet.org
>> [mailto:blindlaw-bounces at nfbnet.org]
>> On
>> > Behalf Of Rod Alcidonis
>> > Sent: Thursday, March 13, 2008 2:39 PM
>> > To: NFBnet Blind Law Mailing List
>> > Subject: Re: [blindlaw] New York's lieutenant governor, a blind
>> lawyer,
>> >
>> > As long as he had a way to cope not learning them is of no
>> consequence.
>> > The
>> > man is been in politics since 1986 and he has performed
>> remarkably since.
>> > Though important, Braille is not the savior of the world and the
>> ability
>> > to
>> > function efficiently. This point has been made here times and
again.
>> >
>> > I doubt he could be functioning without a cane if he were walking
>> into
>> > things everywhere in the legislature's building. A cane is only
>> usable
>> > when
>> > it's needed not just for the heck of using a cane. I use one
>> because I
>> > need
>> > to, and the governor does not use one because he found that he
>> does not
>> > need
>> > one. Obviously he has just proven his effectiveness without them.
>> Let's
>> > stop
>> > creating issues where none exist.
>> >
>> > Rod Alcidonis
>> > Juris Doctor Candidate, 2009.
>> > Roger Williams University School of Law
>> > 10 Metacom Ave., Box: 9003
>> > Bristol, RI 02809
>> > Cell: 718-704-4651
>> > Home: 401-824-8685
>> > Visit my Law School Blog at:
>> > http://blogs.rwu.edu/law/ralcidonis
>> >
>> >
>> > ----- Original Message -----
>> > From: "albert griffith" <albertpgriffith at hotmail.com>
>> > To: "'NFBnet Blind Law Mailing List'" <blindlaw at nfbnet.org>
>> > Sent: Thursday, March 13, 2008 5:42 AM
>> > Subject: Re: [blindlaw] New York's lieutenant governor, a blind
>> lawyer,
>> >
>> >
>> >> While he sounds brilliant and I'm happy for him, it was reported
>> that he
>> >> refused to learn Braille and uses no travel aid such as a white
>> cane or
>> >> guide dog. I'd be interested in hearing his side of the story.
>> >>
>> >> -----Original Message-----
>> >> From: blindlaw-bounces at nfbnet.org
>> [mailto:blindlaw-bounces at nfbnet.org]
>> On
>> >> Behalf Of Sarah Clark
>> >> Sent: Wednesday, March 12, 2008 11:18 PM
>> >> To: NFBnet Blind Law Mailing List
>> >> Subject: Re: [blindlaw] New York's lieutenant governor, a blind
>> lawyer,
>> >>
>> >> That's how I understand it as well. I read that he did not pass
>> the New
>> >> York bar exam so never became a practicing attorney, and because
>> of that,
>> >> he's apparently been a big advocate on the issues of special
>> >> accommodations
>> >> for bar exams.
>> >>
>> >> Sarah
>> >>
>> >> ----- Original Message -----
>> >> From: "Rod Alcidonis" <roddj12 at hotmail.com>
>> >> To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
>> >> Sent: Wednesday, March 12, 2008 11:52 AM
>> >> Subject: Re: [blindlaw] New York's lieutenant governor, a blind
>> lawyer,
>> >>
>> >>
>> >>> As far as my recollection serves me he is not a lawyer. He had
>> only been
>> >>> to
>> >>> Law School.
>> >>>
>> >>> And, as a New Yorker and an African American who is blind, I am
>> very
>> >>> happy
>> >>> for him. He has demonstrated so much and the Media can only
>> mention that
>> >>> he
>> >>> is blind, not whether he can do the job. I briefly met him
prior to
>> >>> starting
>> >>> Law School and he is a brilliant individual.
>> >>>
>> >>>
>> >>> Rod Alcidonis
>> >>> Juris Doctor Candidate, 2009.
>> >>> Roger Williams University School of Law
>> >>> 10 Metacom Ave., Box: 9003
>> >>> Bristol, RI 02809
>> >>> Cell: 718-704-4651
>> >>> Home: 401-824-8685
>> >>> Visit my Law School Blog at:
>> >>> http://blogs.rwu.edu/law/ralcidonis
>> >>>
>> >>>
>> >>> ----- Original Message -----
>> >>> From: "Peter Donahue" <pdonahue1 at sbcglobal.net>
>> >>> To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
>> >>> Sent: Wednesday, March 12, 2008 3:27 PM
>> >>> Subject: Re: [blindlaw] New York's lieutenant governor, a blind
>> lawyer,
>> >>>
>> >>>
>> >>>> Hello Michael and listers,
>> >>>>
>> >>>> History could be made this fall when we elect a new
President
>> should
>> >>>> a
>> >>>> Democratic Candidate win the election. This nation could have
>> its first
>> >>>> African-American, or its first woman who is also the spouse of
>> a former
>> >>>> U.S.
>> >>>> President serving in our nation's highest political office.
>> Given that
>> >>>> New
>> >>>> York State now has a blind governor it's very conceivable that
>> we could
>> >>>> elect a blind U.S. president in the not so distant future.
>> >>>>
>> >>>> Peter Donahue
>> >>>>
>> >>>>
>> >>>>
>> >>>> ----- Original Message -----
>> >>>> From: "Michael O. Hanson" <mhanson at winternet.com>
>> >>>> To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
>> >>>> Sent: Wednesday, March 12, 2008 10:31 AM
>> >>>> Subject: Re: [blindlaw] New York's lieutenant governor, a
>> blind lawyer,
>> >>>>
>> >>>>
>> >>>> I beliefve he resigned this morning.
>> >>>>
>> >>>>
>> >>>> ----- Original Message -----
>> >>>> From: "Nightingale, Noel" <Noel.Nightingale at ed.gov>
>> >>>> To: <blindlaw at nfbnet.org>
>> >>>> Sent: Wednesday, March 12, 2008 10:24 AM
>> >>>> Subject: [blindlaw] New York's lieutenant governor, a blind
>> lawyer,
>> >>>>
>> >>>>
>> >>>>>
>> >>>>>>From the Justice For All sidebar blurb:
>> >>>>>
>> >>>>> First Blind Governor of New York?
>> >>>>>
>> >>>>> In the wake of yesterday's breaking news of New York Governor
>> Elliot
>> >>>>> Spitzer's involvement in a prostitution ring, many top aides
to
>> >>>>> Spitzer
>> >>>>> expect his resignation.
>> >>>>>
>> >>>>> If Governor Spitzer does resign, Lt. Governor David A.
>> Paterson, who
>> >>>>> is
>> >>>>> legally blind, would become the state's first black, first
blind
>> >>>>> governor.
>> >>>>>
>> >>>>> A bit more about Mr. Paterson:
>> >>>>>
>> >>>>> Link to NY Times profile:
>> >>>>>
>> >
>>
http://topics.nytimes.com/top/reference/timestopics/people/p/david_a_pat
>> >>>>> erson/index.html?inline=nyt-per
>> >>>>>
>> >>>>> Text:
>> >>>>> David A. Paterson
>> >>>>> Stewart Cairns for The New York Times
>> >>>>>
>> >>>>> David A. Paterson was elected lieutenant governor of New York
in
>> >>>>> November 2006 on the ticket led by Eliot Spitzer. Previously,
Mr.
>> >>>>> Paterson had served as the minority leader of the state
Senate.
>> The
>> >>>>> scion of a prominent Harlem political family, Mr. Paterson
>> was born
>> >>>>> legally blind and worked as a prosecutor before entering
>> politics.
>> >>>>>
>> >>>>> Mr. Paterson's decision to become Mr. Spitzer's running mate
>> stunned
>> >>>>> many in Albany. With the growing strength of Democrats in
>> statewide
>> >>>>> elections, it seemed only a matter of time before his party
>> took over
>> >>>>> the chamber, allowing him to join the ruling triumvirate in
>> Albany and
>> >>>>> take his seat with the governor and the Assembly speaker to
>> decide
>> >>>>> between them how New York State is governed. By contrast, the
>> >>>>> lieutenant
>> >>>>> governor's post brings with it no power and little prestige.
>> >>>>>
>> >>>>> Mr. Paterson explained the decision in terms the few
lieutenant
>> >>>>> governors who had been given a real role, saying he wanted to
>> be an
>> >>>>> "extension'' of Mr. Spitzer. Others close to him spoke of the
>> enviable
>> >>>>> position he would be in if there was a chance to move up. If,
for
>> >>>>> instance, Hillary Clinton were to become president, Mr.
>> Spitzer would
>> >>>>> appoint a replacement to complete her term. Mr. Paterson has
>> >>>>> demonstrated political skills and good timing in the past; he
>> became
>> >>>>> the
>> >>>>> minority leader in the Senate by pulling off a coup, which is
>> a rare
>> >>>>> feat in Albany.
>> >>>>>
>> >>>>> As the leader of the Democratic minority in the Senate, Mr.
>> Paterson
>> >>>>> has
>> >>>>> tried to make up for his lack of power with wit, flurries of
>> reform
>> >>>>> proposals and unusual bursts of candor, a combination that
>> has made
>> >>>>> him
>> >>>>> a quotable presence in a Capitol where such leaders are often
>> ignored
>> >>>>> as
>> >>>>> irrelevant. He worked on making inroads with national
Democrats,
>> >>>>> traveling to Washington to meet with Congressional leaders.
>> And here,
>> >>>>> where much of what passes for legislative humor is of the
>> backslapping
>> >>>>> variety, Mr. Paterson's stands out.
>> >>>>>
>> >>>>> Take his request at a recent news conference on government
>> reform.
>> >>>>> "Anyone else in this Capitol that's telling you about the
>> reform that
>> >>>>> they're doing, I want you to give me their names, we're going
>> to bring
>> >>>>> them to this conference room, and we're going to beat them
up,"
>> he
>> >>>>> said,
>> >>>>> with a straight face.
>> >>>>>
>> >>>>> Mr. Paterson was born to politics. His father, Basil,
>> represented the
>> >>>>> same Harlem district that his son later did, and ran
>> unsuccessfully
>> >>>>> for
>> >>>>> lieutenant governor in 1970. The younger Mr. Paterson was
>> raised at
>> >>>>> the
>> >>>>> knees of much of Harlem's old guard. He also grew up legally
>> blind,
>> >>>>> after an infection as an infant that left him totally without
>> sight in
>> >>>>> his left eye and with severely limited sight in his right.
>> His family
>> >>>>> moved to Long Island, where they found a school that agreed
>> to educate
>> >>>>> him in regular classrooms. He graduated from high school in
three
>> >>>>> years,
>> >>>>> went to college at Columbia and graduated from Hofstra Law
>> School.
>> >>>>>
>> >>>>> When he was elected Senate minority leader, Mr. Paterson
>> recalled the
>> >>>>> discrimination he had suffered because he is disabled. "So I
>> have had
>> >>>>> this desire my whole life to prove people wrong, to show them
>> I could
>> >>>>> do
>> >>>>> things they didn't think I could do," he said. "This is just
>> another."
>> >>>>>
>> >>>>> --March 10, 2008
>> >>>>> _______________________________________________
>> >>>>> blindlaw mailing list
>> >>>>> blindlaw at nfbnet.org
>> >>>>> http://www.nfbnet.org/mailman/listinfo/blindlaw
>> >>>>>
>> >>>>
>> >>>> _______________________________________________
>> >>>> blindlaw mailing list
>> >>>> blindlaw at nfbnet.org
>> >>>> http://www.nfbnet.org/mailman/listinfo/blindlaw
>> >>>>
>> >>>> _______________________________________________
>> >>>> blindlaw mailing list
>> >>>> blindlaw at nfbnet.org
>> >>>> http://www.nfbnet.org/mailman/listinfo/blindlaw
>> >>>>
>> >>>
>> >>> _______________________________________________
>> >>> blindlaw mailing list
>> >>> blindlaw at nfbnet.org
>> >>> http://www.nfbnet.org/mailman/listinfo/blindlaw
>> >>
>> >> _______________________________________________
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>> End of blindlaw Digest, Vol 46, Issue 16
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