The Case Against

New Mexico

 

 
Status:
  Stage #1 has been executed. Denials are beginning to be received. We are currently in Stage #2. Complainants should be mailing their New Mexico ADA complaints to the Feds. For more information, see the Stage #2 section below. >>more>>
 
If you haven't started Stage #1, it's never too late. 
 
  Current System:
 

All possible archery accommodations for the disabled are illegal (i.e. Crossbows, Mouth-Tab, Body Brace, and Draw-Lock).

Our members should request, in New Mexico, the one device they feel is best to use for their specific disability when they write their letter.
 


 
What We're Asking For:
In order for disabled individuals to hunt as equals in New Mexico, we are asking the New Mexico Game and Fish to approve the use of all 4 possible archery accommodations (crossbows, mouth-tabs, body braces, and Draw-Locks), 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 New Mexico to grant us the archery season accommodation that most reasonably suits our individual needs. (The individual will choose the best of the four reasonable accommodations for them)

New Mexico does not have any sort of disabled archer 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, Draw-Lock, body brace, or mouth-tab. Each member should write their own personalized letter. A sample accommodation request letter for New Mexico 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:

Bruce Thompson, Director
New Mexico Game and Fish
PO Box 25112
Santa Fe, NM 87507
 (800) 862-9310


       
  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 New Mexico Game and Fish. 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, Draw-Lock, body brace, or mouth-tab during the archery season.

(d) What is your disability? Be descriptive.

(e) Why do require the use of a crossbow, Draw-Lock, body brace, or mouth-tab 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 disabled archer 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

Bruce Thompson, Director
New Mexico Game and Fish
PO Box 25112
Santa Fe, NM 87507
 (800) 862-9310

Dear Mr. Thompson:

The following letter is a formal request to the State of New Mexico asking you to grant authorization for me, John Doe, to hunt with a crossbow during the New Mexico 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 New Mexico 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 New Mexico 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   NM_ADA.rtf    

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

       Supporting Argument     NM_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 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 in Step #2)
The states will be given an opportunity to compose a letter and defend themselves. You will receive a postal mailed copy of the state's defense. You will then have an opportunity to write a letter in rebuttal to the state's defense. You will send this rebuttal letter to the DOJ. Sample rebuttals will be provided on the Coalition website. Several of our members have been busy writing and editing a good response to the government.
   

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

 

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