The Case Against

Montana

 

 
Status:
  Step #1 -- All new members should send a request for accommodation letter. If you have already been denied, please find your denial letter, and stand by for instructions on Step #2.
 
  Current System:
  Crossbows are illegal in the Montana archery season.

Draw-Lock devices are legal in Montana under their Permit To Modify Archery Equipment system. We're still checking on Mouth-Tabs and Body Braces.

Our members should request, in Montana, the use of crossbow when they write their letter. 


 
What We're Asking For:
In order for disabled individuals to hunt as equals in Montana, we are asking the Montana Fish, Wildlife, and Parks to approve the use of all crossbows for all disabled individuals, and allow the individual disabled person to decide which accommodation method best suits his or her needs. 
   

 
Step #1 -- Formal Request for Accommodation Packet:
  The first step in our complaint process is to formally ask the State of Montana to grant us the crossbow archery season accommodation.

Montana does not have an adequate crossbow application -- thus, we must mail them a request for accommodation packet, which includes:

1) An accommodation request letter, asking the state to allow you to use a crossbow. Each member should write their own personalized letter. A sample accommodation request letter for Montana can be seen in the next section below    >>more>>>

2) The Coalition Universal Medical Form, proving that you are deserving of this accommodation. Each member should fill out their own Universal Medical Form (UMF), and have their doctor sign it. We will be using the same UMF for all states (so you only have to make one visit to the doctor). The UMF can be downloaded here.     >>more>>

3) Any other documents you wish to attach which will help prove your disability, or your discrimination accusations.

The 3 items above should be mailed to:

M. Jeff Hagener, Director
Montana Fish, Wildlife & Parks
1420 East Sixth Avenue
P.O. BOX 200701
Helena, MT 59620-0701


       
  Sample Request for Accommodation Letter (Step #1)
  The first step in the complaint process is to send a formal request for accommodation letter to the Montana Fish, Wildlife & Parks. Hopefully, the State will get the message that we are serious about this and accept our request. But should we be formally denied, we'll then have grounds to go to the ADA.
 
This section will provide you with information on what your Accommodation Letter should have in it. We also provide a sample letter for you to look at.

* Your accommodation letter should have the following information:

    (a) Your full name, with mailing address and telephone (plus area code).

(b) The full name and mailing address of the state you are sending the letter to (available on the website).

(c) What you are requesting -- In this case, you are asking for an accommodation to use a crossbow during the archery season.

(d) What is your disability? Be descriptive.

(e) Why do require the use of a crossbow during the archery season?

(f) Make note of any documents you have attached to this letter. Attachments can include the Universal Medical Form, a disability application from another source, a crossbow permit from another state, and anything else which you believe will strengthen your case. The UMF can be downloaded here.     >>more>>

(g) Finish your letter by thanking them for their consideration and stating you await their immediate response.

Important: This is a request, not a threat -- threats make us look weak. Remember to always act professional.
 

* Sample Letter:
  Note: Use this letter as an example. However, you really should customize your letter to match your own situation.
 

                                                            May 1, 2003

John Doe
123 South Street
Beverly Hills, CA 90210
(762) 146-7123

M. Jeff Hagener, Director
Montana Fish, Wildlife & Parks
1420 East Sixth Avenue
P.O. BOX 200701
Helena, MT 59620-0701

Dear Mr. Hagener:

The following letter is a formal request to the State of Montana asking you to grant authorization for me, John Doe, to hunt with a crossbow during the Montana archery season. This accommodation is required to overcome my disability and allow me to hunt as an equal to able-bodied hunters.

In 1989, I suffered a cervical injury that currently prevents me from safely operating a traditional bow. I have attached a form signed by my doctor which details the extent of my injury. Because of this injury, I have received lifetime disabled crossbow permits in Maryland and Virginia (also attached). I need to use a crossbow because I require the assistance of a cocking device to load my bow.

Since Montana does not currently distribute an application to receive a crossbow accommodation, please consider this letter as my application to you. I anticipate your immediate positive response to my request and thank you for your attention to this matter.

Sincerely,

John Doe

Enclosed:      Medical form signed by Doctor Smith
                    MD, VA Crossbow Archer Permits


Stage #2 -- ADA Complaint

Now that Montana is sending us letters rejecting our formal requests for accommodation we will move to stage #2, filing the actual ADA Discrimination Complaint. Filing this complaint is as easy as downloading the ADA (Title II) complaint form below and emailing it to the DOI. You should also download the "Supporting Argument" report, but do not email this to the DOI. You will postal mail this report once a case number and investigator have been assigned to you. Follow the instructions given and email Tom with any questions you have.

The state will be given an opportunity to answer this complaint back to the Department of the Interior and, as it states on the complaint form, we reserve the right to respond to their answer. We will do this as a group.

(Those of you that have not received your letter yet should not panic. It will be good to have these complaints showing up gradually to the Federal government.)

The ADA Complaint Form below has been designed to be filled out on your computer. Please right-click the filenames, and go to Save As.

       ADA Complaint Form & Instructions   MT_ADA.rtf    

             
Remember to email this ADA Complaint to the DOI: mike_trujillo@ios.doi.gov

       Supporting Argument     MT_Report.rtf     

             
Download this supporting attachment, but do not email it to the DOI. You will postal
              mail
this attachment once a case number and investigator have been assigned to you.
 


Stage # 3 -- Postal Mail Additional Info (We're still in Step #2)
When the DOI receives your complaint, they will postal mail a letter to you. This letter will list your case number and the contact information of your investigator. At this point, you should now postal mail all of your supporting documentation to your investigator, using the address listed in the DOJ letter. Be sure to include a copy of the 11-page argument paper, your request for accommodation letter to the state, the state's denial letter, your medical information, and any other papers you believe will help your case. Do not mail this additional documentation until after you have received your case number and investigator info from the DOJ.
  

Stage #4 -- Rebuttals for ADA Complaint  (We're still in Step #2)
The time will come when the Department of the Interior will ask you for a rebuttal to the state’s response. This response will be furnished for all members by the Coalition and any suggestions should be sent to Tom for this response. Several members have been busy writing and editing a good response to the government and welcome your suggestions.
   

Need More Information?
If you need help filing your initial letter, then please email us ASAP via Tom@disabledrights.org

 

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