Disabled Equestrians Organization
231 Glenwood Ave
Woodside, Calif. 94062
650-851-8343 Voice
650-851-3914 FAX
www.DisabledEquestrians.org
mailto: donp@disabledequestrians.org
January 24, 2003
Amanda
Eaken
Project
Coordinator
Rails-to-Trails
Conservancy
26
O' Farrell Street, Suite 400
San
Francisco, CA 94108
Dear
Ms. Eaken.
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, the old rail links of
Southern California and many other public parks and forests.
It has come to our attention that the Cal Trans is
threatening to deny funding for a trail
in Ssouthern California because horses may be allowed to use the trail. We are happy to see trails being built because it will be of benefit to many
people. But in order to be of benefit
to disabled equestrians, it must have a gravel or dirt trail for horses to
use. A paved surface is not adequate
for horses. It would not cost much of
anything to make this availilable, and without it disabled equstrians would be
unable to use this public facilty. This
effectively discriminates against disabled equestirans, and is a violation of
our rights and the law.
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, the view of Southern California along an old
rail line, these are truly major life activities.
The
Architectural Barriers Act of 1968 requires all buildings and facilities built
or renovated with Federal funds be accessible to and usable by 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 same sights would be eliminated by not
providing a horse trail. It is also
essential that disabled equestrians have a place to park their trailer to
unload their horse.
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 getting Cal Trans to comply with Federal
Law. We shall be glad to send a
complaint directly to Cal Trans if you will provide us the contact information.
Thank
you for your efforts to get more trails for the citizens of California.
Sincerely,
Donald
E. Pugh
President
mailto:
donp@disabledequestrians.org