The Discrimination re: Parks and the Disabled

[yonderis]

Perhaps only Mr. Harris can (as an attorney) answer this. I'm not sure and have no knowledge of how to contact him privately.

Is it not discrimination against the disabled "opt out" as regards the parks?

Consider this - a small woman, 5'4", 110 lbs. and disabled. Most of the time spent exercising her service dog needs to be spent in a power chair so that the dog can jog/run alongside.

Not being allowed to carry in parks, that person is limited to the (very limited) sidewalks in say, Murfreesboro - and that time is spent at about vehicle level inhaling the exhaust fumes from passing vehicles as she exercises her dog. (Did I mention her disability is three types of lung disease?)

Is it not discrimination against the disabled that we cannot protect ourselves in public parks or the Greenway in, say Murfreesboro, where we are not forced to breathe exhaust fumes in order to "enjoy" the outside and provide for our service animal?

We are, by our afflictions and despite our attention to our surroundings, "easy prey" for the criminal element. Yet in order to be able to exercise our personal obligation for our own safety we must breathe exhaust fumes on "outings" where fresher air could be inhaled?

Can anything be done?

[johnharris]

It is not discrimination. It is a bad policy that may have more significant risks for you given your limitation on the ability to flee but its not discrimination since you are not being treated differently because of your circumstances. Now, another question might be (and I do not know the answer) whether its a violation of the Americans with Disabilities Act.

[yonderis]

Thank you, Mr. Harris.

I see what you're saying re: discrimination.

I'm not sure about the ADA. Seems I have a bit of "homework" to do today researching that. Somehow I doubt I'll find much that would be useful, but it's worth a try.

Again, thank you.