[Blindtlk] Judy,RE: A Short Note on the Delta Issue
BrianMiller
brianrmiller88 at gmail.com
Mon Jan 22 23:06:09 UTC 2018
I believe it is the Air Carrier Act that governs what can be brought on a
plane by way of service animals, and it is much broader and open in terms of
what is covered under the definition. If the ACA were as clear as the ADA, a
lot of this nonsense would be cleared up quickly.
Same deal with the Fair Housing Act, which is also much more generous about
the allowance of "emotional support animals" in addition to service animals
- it's pretty much anything goes.
Brian M
-----Original Message-----
From: blindtlk [mailto:blindtlk-bounces at nfbnet.org] On Behalf Of NAGDU
President via blindtlk
Sent: Monday, January 22, 2018 5:43 PM
To: 'Blind Talk Mailing List'
Cc: NAGDU President
Subject: [Blindtlk] Judy,RE: A Short Note on the Delta Issue
I appreciate your input on this issue; however, I would like to
respectfully disagree that " the ADA and "service animals," have muddied the
water". It is my opinion that the ADA has done just the opposite - it has
cleared up the confusion about what is a service animal and what, exactly,
are our rights under the law. Prior to the ADA, there were a variety of
state-by-state definitions of what constituted a service animal and what our
rights were. The ADA has standardized this a bit by offering a clearer
definition of "service animal" and standardizing such things as the lack of
necessity for identification. Just because there are those unscrupulous
individuals who misrepresent their ill-behaved pet as a service dog is not a
reason to blame this issue on other disabled individuals who benefit from
the work of a service dog.
To specifically address the question of identification, it is a very
clear fact that more than 10% of the members who attend the NAGDU annual
meetings each year are owner-trainers who will not have a program-issued
identification card. Should they be denied access because they trained their
own dogs? On the same note, many of those with untrained pets have outfitted
their pooches with service animal vests and secured identification from
organizations simply selling fake identification cards. Should these
individuals be allowed access just because they have a card? When business
owners begin to understand their rights to deny access to ill-behaved dogs
and start asserting their rights under the ADA, the problem will begin to
abate. This is the message we need to spread, not the message of
interference with our civil rights of access and freedom of travel by
requiring an identification card.
Fraternally yours,Marion
Marion Gwizdala, President
National Association of Guide Dog Users Inc. (NAGDU) National Federation of
the Blind
(813) 626-2789
President at NAGDU.ORG
The National Federation of the Blind knows that blindness is not the
characteristic that defines you or your future. Every day we raise
expectations because low expectations create barriers between blind people
and our dreams. You can live the life you want! Blindness is not what holds
you back.
-----Original Message-----
From: blindtlk [mailto:blindtlk-bounces at nfbnet.org] On Behalf Of Judy Jones
via blindtlk
Sent: Monday, January 22, 2018 11:15 AM
To: 'Blind Talk Mailing List'
Cc: Judy Jones
Subject: Re: [Blindtlk] A Short Note on the Delta Issue
Hi, Marion,
This has been a bone of contention with me for years, ever since the ADA
came into being. Dog guide users have been rightly required to carry
vaccination certificates and show some proof that the dog is a dog guide.
In my years of guides, I have never had any issues, yet the ADA and "service
animals," have muddied the water.
Judy
-----Original Message-----
From: blindtlk [mailto:blindtlk-bounces at nfbnet.org] On Behalf Of NAGDU
President via blindtlk
Sent: Saturday, January 20, 2018 3:15 PM
To: 'Blind Talk Mailing List'
Cc: NAGDU President
Subject: Re: [Blindtlk] A Short Note on the Delta Issue
Bryan,
The easy answer is that no other person must carry credentials other
than their government issued identification card to travel. Service animal
i.d.s can be easily faked and disabled individuals are allowed to train
their own dogs and, thus, would not have the luxury of an identification
card.
Fraternally yours,
Marion
Marion Gwizdala, President
National Association of Guide Dog Users Inc. (NAGDU) National Federation of
the Blind
(813) 626-2789
President at NAGDU.ORG
The National Federation of the Blind knows that blindness is not the
characteristic that defines you or your future. Every day we raise
expectations because low expectations create barriers between blind people
and our dreams. You can live the life you want! Blindness is not what holds
you back.
-----Original Message-----
From: blindtlk [mailto:blindtlk-bounces at nfbnet.org] On Behalf Of b.schulz---
via blindtlk
Sent: Saturday, January 20, 2018 3:56 PM
To: 'Blind Talk Mailing List'
Cc: b.schulz at sbcglobal.net
Subject: Re: [Blindtlk] A Short Note on the Delta Issue
Hi,
The average travelling public has complicated legit blind guide dog users
lives by faking needing an animal.
Please explain why does this matter if your guide dog is legit and you can
show the wallet card?
Bryan
-----Original Message-----
From: blindtlk [mailto:blindtlk-bounces at nfbnet.org] On Behalf Of NAGDU
President via blindtlk
Sent: Saturday, January 20, 2018 2:08 PM
To: coagdu at nfbnet.org; txagdu at nfbtx.org; oagdu at nfbnet.org; Michigan Guide
Dog Users Committee List <micgdu at nfbnet.org>; vagdu at nfbnet.org;
flagdu at nfbnet.org; TN-guide-dog-users at googlegroups.com; nyagdu at nfbnet.org;
New Jersey Association of Guide Dog Users <njagdu at nfbnet.org>;
blindtlk at nfbnet.org
Cc: NAGDU President <blind411 at verizon.net>
Subject: [Blindtlk] A Short Note on the Delta Issue
Dear All,
I want everyone to know where we are on this. At this point,
our national leadership, including President Riccobono, John Pare, and I are
monitoring the situation and will be speaking together on Monday morning to
craft an official response and action plan. At this point, we have reviewed
the policy and the initial opinion from our legal minds is that it is
incongruent with the Air Carrier Access Act. Since there is no right of
private action, Delta has no real incentive to do anything, since the worst
that might happen to them is that the Department of Transportation orders
them to reverse their policy. The challenge is that other airlines are
considering following suit and this could create an even greater headache.
The solution we are seeking is a long-term one which would
involve making the Air Carrier Access Act a mirror of the Americans with
disabilities Act, meaning only dogs individually trained to do work or
perform tasks for the benefit of a person with a disability would be allowed
to enter the aircraft cabin. In the meantime, we are also working to create
ann initiative to offer guidance to airline personnel on how to assess the
suitability of other animals to enter the cabin. For instance, if any of us
have ever been at the gate with an out-of-control animal which the owner is
unable to correct, I do not think it would take too many instances of
airlines refusing to allow the animal in the cabin and requiring the owner
purchase a cargo ticket for the offending dog to stop the misrepresentation
of the animal as an ESA.
For now, what you all can do is to subscribe to our Twitter
feed <@nagdu> and the NAGDU Facebook page. Our national organizations are
posting information there and anything released by the NFB concerning this
issue will be reposted on our feeds. I am also considering having a special
teleconference on this issue in the next couple days; however, all our
efforts are being coordinated with our Jernigan Institute personnel so we
are consistent on our message.
Please stay tuned to our social media, including this
discussion list for updates and more information. Thank you for your passion
and willingness to take action. We are strong because of you!
Fraternally yours,
Marion\
Marion Gwizdala, President
National Association of Guide Dog Users Inc. (NAGDU)
National Federation of the Blind
(813) 626-2789
President at NAGDU.ORG
The National Federation of the Blind knows that blindness is not the
characteristic that defines you or your future. Every day we raise
expectations because low expectations create barriers between blind people
and our dreams. You can live the life you want! Blindness is not what holds
you back.
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