The Coalition for Disabled Hunter Rights

			The Case Against West Virginia


Status:
	Stage #1 has been executed. Denials are beginning to be received. We are currently in Stage #2. Complainants should be mailing their WV 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:
	Crossbows are illegal in all West Virginia seasons. In 2002, WV began a program allowing disabled hunters to apply for a Disability Permit, which allows them to use a "modified-bow" -- to attach a Draw-Loc device (see picture below) that will hold a standard compound bow at full-draw.

What We're Asking For:
	In order for disabled individuals to hunt as equals in West Virginia, we are asking the West Virginia Department of Natural Resources (WV DNR) To legalize crossbows during the both the "Archery" and "Firearm" seasons, as crossbows have been proven (in dozens of states) to be the most effective, efficient, and reasonable method for enabling disabled individuals hunt as equal.

Stage #1 -- Formal Request for Accommodation Packet:
	The first step in our complaint process is to formally ask the State of West Virginia to voluntarily change their discriminatory practice. So we will mail them a formal request for crossbow accommodation. West Virginia 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 and a modified bow. Each member should write their own personalized letter. A sample accommodation request letter for West Virginia 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: Lt. Col. William Daniel State Capitol Building 3, Room 840 Charleston WV 25305 Phone (304) 558-2784


Sample Request for Accommodation Letter (Stage #1)
	The first step in the complaint process is to send a formal request for accommodation letter to the West Virginia DNR. 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) What you are requesting -- In this case, you are asking for an accommodation to use a crossbow during the archery season. (c) What is your disability? Be descriptive. (d) Why do require the use of a crossbow during the archery season? (e) 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. (f) 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. You should develop your own arguments on why you think the current situation is unacceptable, and why you need to use a crossbow. You don't need to know a lot about the law, just speak from the heart and tell them why this is wrong. May 1, 2003 Lt. Col. William Daniel State Capitol Building 3, Room 840 Charleston WV 25305 Phone (304) 558-2784 Dear Mr. Daniel: The following letter is a formal request to the State of West Virginia asking you to grant authorization for me, John Doe, to hunt with a crossbow during the West Virginia 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 West Virginia 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 123 South Street Beverly Hills, CA 90210 Enclosed: Medical form signed by Doctor Smith MD, VA Crossbow Archer Permits

Stage #2 -- ADA Complaint
	Now that West Virginia 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 WV_ADA.rtf Remember to email this ADA Complaint to the DOI: mike_trujillo@ios.doi.gov Supporting Argument WV_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 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, please email us ASAP via Alliance@disabledrights.org