Thor Forums

[Piper K9]

Lets see now..what am I missing here. What I do know is the Federal ADA Law is the law of the land. The state can not take away from the law of the land which means that the state must comply. The state ac add to the Fed ADA Law but the state can not take away any power from the FED ADA Law. Under the Fed ADA law and it's clause of reasonable accommodation is what many would believe to be a gray area open to decides reasonable accommodation surely not the person who thinks the person protected under the Fed ADA Law has that decision to make. In this case the state is right if they think they are and can stay on the decision until it's decision is challenged by the FED or a complaint is filled by or on behalf of a person or persons covered by the Fed ADA Law. The surely would have to be answered in the CourtSystem and that being the Fed System. The sole decision would be made by the Federal Judge. If the Judge decides that the state was wrong they would have to change the way the handle enforcing the law. The Fed would give the state time to make the necessary changes as per the Fed Court 's decision and again the state would have the right to appeal the Fed decision. With my experience with the Fed Court System the appeal and decision could take a year if not longer. My question is so what was gained by any of the parties? It would be a costly endeavor to take this to trail unless one had an activist group take it on. If they won could the party who was wronged get a monetary award...depends on the court nd the state would appeal that.
Lastly, the statement was made that ( to some extend ) that the State of NY law was more reasonable with the mobile medical devices...I question that as being a resident of NY , I find most everything they do is unreasonable but not so on the Federal ADA Law. So I would have to really sit down and read the VA Law to see if they are not in compliance with the Fed ADA Law.. I am sure that Va can place restrictions based upon public safety issues within it's parks. if the state restricts one section of road or trail but give access to the same area via another path, road or trail they likely did not infringe on anyone's right. Like in NY state under that ADA law if the require a helmet or other safety head gear that is the law you also need to be in compliance and they can cite you if not and likely not let you operate the device. So good luck in what you are attempting to do but I can not see any fault by Va and I am a Disabled Combat Veteran with mobility issues. Perhaps they have an access entrance that should have been used JMV . Piper K9