Category: News and Views
I just got this from another list and thought I'd pass it on.
FROM: Florida Association of Guide Dog Users
DATE: January 27, 2005
TO: All Media
RE: Discrimination Case Set for Trial
On Thursday, January 27, a disposition hearing was held in the
case of State of Florida vs. Rodney Lopez on charges that he denied the
Rights of a disabled person, a second degree misdemeanor. The charges stem
from an incident on May 27, 2004 in which Lopez refused to serve a blind
woman, Lynn Cooper, at Uncle Rodney's Bar-B-q, because she was accompanied
by her guide dog. Lopez entered a plea of "Not Guilty" through his
attorney, who asked for a jury trial.
"We are very interested to find out how a jury will decide such
a case," says Marion Gwizdala, Vice President of the National Association
of
Guide Dog Users, who has been consulting with the State Attorneys Office as
the victim's advocate.
According to Gwizdala, this will be a precedent-setting trial,
since a jury has never decided such a case in any jurisdiction in the
United
States. Most defendants either reach a plea agreement or opt for a
non-jury
trial in which a judge decides the case. Disability advocacy groups will
be
watching this case closely, since the jury's decision will more accurately
reflect the community's opinion rather than that of a single judge.
Assistant State Attorney Julie Harrison offered Lopez a plea
agreement that included forty hours of community service, one year of
probation, a fine, and court costs, but Lopez attorney declined the offer.
"I told Mr. Lopez that I was blind and that my dog was a guide dog,"
asserts
Cooper. "I also told him that it was against the law to refuse to serve
me,
as did my husband and the cab driver who gave me a ride!
Cooper left the restaurant, owned by the defendant, without
being served and called the Tampa Police Department. After interviewing
cooper, Lopez, and the witnesses, Officers Juan Alvarez & Ben Brown from
the
Tampa Police Department filed the criminal complaint against Lopez.
Several other disabled people who have faced similar
discrimination will be on hand to witness the proceedings, show their
solidarity, and support Lynn cooper.
"We want Lynn and all other guide dog users to know that the
National Federation of the Blind will stand up for them!" Said Sherrill
O'Brien, Vice President of the Tampa Bay Chapter. "It's very stressful and
frustrating when such discrimination occurs!" said O'Brien, who has also
been a victim of similar discrimination several times.
The trial will be held in Courtroom 8 on Monday, February 7 at 1:30 p.m.,
according to the State Attorney's Office. If convicted, Lopez could face
up
to 60 days in jail, a fine of up to $500, and court costs.
According to Florida Statute 413.08, the blind, deaf, or
otherwise disabled are entitled to full and equal access in any place the
general public is invited and have the right to be accompanied by a guide
dog or other service animal specifically trained to mitigate that person's
disability. Violation of Florida's Equal Access Act is a second degree
misdemeanor. Lopez could also face Federal Civil action under the
Americans
with Disabilities Act. Such violations have typically resulted in punitive
and compensatory damages totaling $12,500 or more being levied against
respondents who have violated the ADA.
For more information about Florida's Equal Access Act or the
Americans with Disabilities Act, please contact the Florida Association of
guide Dog users at (813) 626-2789 or email to blind411@verizon.net. You
may
also visit the NFB's web sites at www.nfb.org and www.nfbflorida.org
Good on her for bringing the case and I hope the ignorant fool is brought to heal...
Agreed. Such discrimination is not permitted chez nous. I am disgusted at the idea of plea bargaining and plea agreements, which is yet another nonsensical feature of the American criminal justice system, but that's for another topic.