3:37 a.m. on July 1, 2011 (EDT)
SnowGoose, Thanks for finding that for me as I knew not where to look.
SnowGoose said:
"The 1964 Wilderness Act which was passed by our elected representatives in Congress is what this rule is based on. It specifically states:
PROHIBITION OF CERTAIN USES
(c) Except as specifically provided for in this Act, and subject to existing
private rights, there shall be no commercial enterprise and no permanent road within any wilderness area designated by this Act and, except as necessary to meet minimum requirements for the administration of the area for the purpose of this Act (including measures required in emergencies involving the health and safety of persons within the area), there shall be no temporary road, no use of motor vehicles, motorized equipment or motorboats, no landing of aircraft, no other form of mechanical transport, and no structure or installation within any such area.
(Emphasis added.)"
---------------------------------------------------------------------------------------"AMERICANS WITH DISABILITIES ACT OF 1990, AS AMENDED"
states:
"TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES
Sec. 12101. Findings and purpose
(a) Findings
The Congress finds that
(1) physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination;
(5) individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities;
(7) the Nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and"
(b) Purpose
It is the purpose of this chapter
(1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;
(2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities;
Furthermore:
"Sec. 12132. Discrimination
Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of services, programs, or activities of a public entity, or be subjected to discrimination by any such entity."
I (apeman) truly belive that after looking over and reading quite a bit of the "AMERICANS WITH DISABILITIES ACT OF 1990, AS AMENDED" that it is actually discrimination being perpertrated in this instance. I do not think they would make a person leave who was in a wheel chair nor leave his wheel chair behind. There is alot to read and I did not read it entirely. I did read what I thought to be pertant to this discussion.
Here is the entire text of the AMERICANS WITH DISABILITIES ACT OF 1990, AS AMENDED
http://www.ada.gov/pubs/adastatute08.htm#12132
SnowGoose said:
"If a Ranger is going to write up a hunter for using a game cart, they are going to write up a hiker for using a pack cart."
I (apeman) belive that would be a correct use of the law except and unless the hunter could show that they have a disibliity and need the cart.
SnowGoose said:
"Dogs are allowed in National Parks; at campgrounds and along roads, just not on trails."
That is a correct statement except in the case of guide animals. I found this info at the below list web site.
"At national parks and at other federal sites, guide dogs and hearing-assistance dogs are not considered pets, so regulations governing their presence are far less restrictive. Some parks, however, require you to register these animals upon your arrival."
Taken from this web site:
http://usparks.about.com/library/weekly/aa042598.htm
Regarding wheelchairs. By definition a wheelchair is a vehicle (see link below for defintion) just as a one wheeled cart is a vehicle. Even though vehicles are band from national park trails. Wheelchairs are not banned:
(vehicle definition
http://mw4.m-w.com/dictionary/vehicle)
I. Use of wheelchairs for the mobility impaired is allowed in the backcountry in accordance with the following regulations:
CFR 36, Part 1. Section 1.2 (e): The regulations in this chapter are intended to treat a mobility-impaired person using a manual or motorized wheelchair as a pedestrian, and are not intended to restrict the activities of such a person beyond the degree that the activities of a pedestrian are restricted by the same regulations.
Manual and motorized wheelchairs as defined in section 1.4:
Manual wheelchair: A device that is propelled by human power, designed for and used by a mobility-impaired person.
Motorized wheelchair: A self-propelled wheeled device, designed solely for and used by a mobility-impaired person for locomotion, that is both capable of and suitable for use in indoor pedestrian areas.
It is consevable that you could use a pack dog as well as the other pack animals that Snowgoose listed above.
II. Use of guide dogs for the hearing and vision impaired and other service animals in the backcountry is allowed with the following guidelines:
A service animal is defined as an animal that performs some of the
functions and tasks that the individual with a disability cannot perform such as carrying a pack for persons with mobility impairments, assisting persons with balance, or alerting medically dependent persons of specific conditions (such as oncoming seizures).
Prior to accessing the backcountry with a guide dog or service animal, individuals with disabilities shall complete and obtain the Guide/Service Animal Permit; ask for Yell 470.
Companion dogs or other pets for the mentally or emotionally impaired are not allowed in the backcountry, or on nature trails or boardwalks.
The above information was taken form this site:
http://www.nps.gov/yell/planyourvisit/wheelchairs.htm
I (apeman) belive the "The 1964 Wilderness Act'" is in violation of the "AMERICANS WITH DISABILITIES ACT OF 1990, AS AMENDED , or, could it be the other way around. They do however appear, to me, to be in conflict with each other and I still would take the ticket and go to court as I still belive that a person w/ a single wheel cart is being discriminated against in regards to using the cart if he/she needs it because of a disabilitie. The best way to lose your right's is to do nothing and let them be taken way.
Snowgoose and overmywadders I thank you for the lively debate.