Disabled Equestrians Organization
231 Glenwood Ave
Woodside, Calif. 94062
650-851-8343 Voice
650-851-3914 FAX
www.DisabledEquestrians.org
mailto: donp@disabledequestrians.org
August 20, 2001
Supervisor
Bill Postmus
First
District
385
North Arrowhead Ave Fifth Floor
San
Bernardino, Ca 92415-0110
Dear
Supervisor Postmus,
The U.S. Forestry Service and the Bureau Of Land
Management current policy of unilateral and preemptive closure of roads/trails
on public land is a violation of Federal Law.
We request these closures be stopped until the impact on disabled
equestrains can be assessed.
The
Disabled Equestrians Organization (DEO) represents individuals that are
moderately disabled and use a horse or mule to provide them access to trails in
the outdoors. The causes of their
disabilities are varied, and include accidents, old age and disease. Some of the areas affected are knees,
lungs, hearts, backs, ankles and eyesight.
In spite of the diversity of aliments, they all share a common solution
to their disabilities: they use a horse or mule to carry their worn out bodies
to the places that millions of Americans enjoy: the beautiful high country of
the Sierras, the rolling hills of the California coast, and many other public
parks and forests.
The
DEO is very concerned about Federal, State and Local agencies that are
restricting, limiting or reducing the use of horses on the public trails they
manage. There appears to be a concerted
effort by some people who seem to think such restrictions are somehow good for
the environment. We disagree with this
conclusion, but the issue we are concerned about is far more important.
The
Americans with Disabilities Act, Public Law 101-336 enacted July 26, 1990 and
the Department of Justice's regulation implementing title II, subtitle A, of
the ADA prohibits discrimination on the basis of disability in all services,
programs, and activities provided to the public by Federal, State and local
governments. A disability as defined by ADA is a “ physical or mental impairment
that substantially limits one or more of the major life activities of an
individual”. To watch the roar of the
falls in Yosemite, see the snow-capped peaks of the high Sierras, listen to the
wind rustling in the aspens, these are truly a major life activity.
The
Architectural Barriers Act of 1968 requires all buildings and facilities built
or renovated with Federal funds be accessible to and usable to physically
disabled persons. This law forms the
foundation of the legal mandate requiring Federally funded facilities and
programs to be accessible to and usable by physically disabled persons.
Section
504 of the Rehabilitation Act of 1973, as amended in 1978 states "No
otherwise qualified handicapped individual in the United States shall, solely
by reason of his handicap, be excluded from the participation in, be denied the
benefits of, or be subject to discrimination under any program or activity
conducted by Federal financial assistance or by an Executive Agency." This Act further broadens the Architectural
Barriers Act in that it requires program accessibility in all services provided
with Federal dollars.
To
deny disabled horsemen the right to use their horse to access the public trails
is a clearly a violation of Federal law and results in discrimination against
disabled equestrians. The closures are
reducing opportunities for disabled equestrians to access the backcountry. It is essential that disabled equestrians
have a place to park their trailer to unload their horse, a place for their horse
to spend the night, and the permission to ride on the trails.
We
do not want to see our funds and public funds spend on a lawsuit to enforce our
rights. We would rather work with the
public agencies to improve the trails, raise funds for outdoor programs, expand
horse camps, and raise public awareness.
But if we are denied our rights, a lawsuit will be our only recourse.
Please
keep us informed of your progress in revising the plan to comply with Federal
Law.
Sincerely,
Donald
E. Pugh
President
mailto:
donp@disabledequestrians.org