Disabled Equestrians Organization
231 Glenwood Ave
Woodside, Calif. 94062
650-851-8343 Voice
650-851-3914 FAX
www.DisabledEquestrians.org
mailto: donp@disabledequestrians.org
October 22, 2003
The Honorable George Radanovich
U. S. House of Representatives
Cannon House Office Building, #438
Dear
Representative Radanovich,
I am pleased to write today in support of your
legislation, H.R. 2966, the “Right to Ride Livestock on Federal Land Act.”. You are probably not aware but a significant
percentage of equestrians are physically disabled, and use their horse or mule
for access into the back country. Their
horse or mule is their “wilderness wheelchair” that gives them the ability to
access areas that they could not walk to.
Restricting use of horses effectively discriminates against these
disabled equestirans, and is a violation of our rights and the law.
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. Opportunities for
disabled equestrians to enjoy the taxpayer-funded trails would be eliminated by
not providing a horse access. It is
also essential that disabled equestrians have a place to park their trailer to
unload their horse, and water for their horse.
Thank
you for your efforts on behalf of all equestrians.
Sincerely,
Donald
E. Pugh
President
mailto:
donp@disabledequestrians.org