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The Case Against New York |
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| Stage #1 has been executed. Denials
are beginning to be received. We are currently in Stage #2. Complainants
should be mailing their NY 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. |
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Crossbows are legal, but only for the most severest of disabilities (those that must shoot a bow using a blow tube). These eligibility restrictions are so restrictive that, for all intent and purposes, crossbows are illegal for most disabled individuals. Draw-Lock devices are legal in New York under their Disabled Archer permit system. We're still checking on Mouth-Tabs and Body Braces. Our
members should request, in New York, the use of crossbow when they write their letter. |
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| In order for disabled individuals
to hunt as equals in New York, we are asking the New York Wildlife,
and Marine Resources 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. |
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| The
first step in our complaint process is to formally ask the State of New
York
to grant us the crossbow archery season accommodation. New
York does not have an adequate crossbow application -- thus,
we must mail them a request for accommodation packet, which includes: 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: Gerald Barnhart (Director) |
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| The first step in the complaint process is to
send a formal request for accommodation letter to the New York Fish,
Wildlife, and Marine Resources. 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: |
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| (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. |
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| * 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 Gerald Barnhart (Director) Dear Mr. Barnhart: The following letter is a formal request to the State of New York asking you to grant authorization for me, John Doe, to hunt with a crossbow during the New York 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 York 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 |
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Now that New York 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 NY_ADA.rtf
Supporting Argument
NY_Report.rtf |
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| 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. | |||||
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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. |
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| If you need help filing your initial letter, then please email us ASAP via Tom@disabledrights.org | |||||