[Flagdu] NAGDU Re-Launches Innovative Hotline
Marion Gwizdala
blind411 at verizon.net
Wed Jul 13 15:40:59 UTC 2011
Alicia,
I got your message. Unfortunately, we are having a bit of technical
difficulty with the toll-free number, but the local number is working fine:
813-658-5749. Our IT person is working on the toll-free number and it should
be
up & running in a couple of hours!
Fraternaly yours,
Marion
----- Original Message -----
From: "Alicia Betancourt" <licib85 at yahoo.com>
To: "Florida Association of Guide Dog Users" <flagdu at nfbnet.org>
Sent: Wednesday, July 13, 2011 11:24 AM
Subject: Re: [Flagdu] NAGDU Re-Launches Innovative Hotline
Hello all florida guide dog users,
Did anyone try to call the hotline number yet? I have tried both toll-free
and local numbers; the first did not work and I received a "this number is
not in service message" and the second just kept ringing. Please advise if
possible. Thanks.
I am at guide dog foundation getting my first guide dog, Krystal: a black
poodle and I'd love to pass along the hotline number to my fellow
classmates.
Alicia Betancourt
--- On Wed, 7/13/11, Marion Gwizdala <blind411 at verizon.net> wrote:
From: Marion Gwizdala <blind411 at verizon.net>
Subject: [Flagdu] NAGDU Re-Launches Innovative Hotline
To: "NAGDU List" <nagdu at nfbnet.org>, "FLAGDU List" <FLAGDU at NFBNET.ORG>,
"nyagdu" <nyagdu at nfbnet.org>
Cc: "Deanna Lewis" <deannakay618 at yahoo.com>, "Vincent Chaney"
<vgc732 at optonline.net>, "DANIEL FACCHINI" <danfb at verizon.net>, "Debbie
Baker" <lahm at pobox.com>, "Shannon L. Dillon" <shannonldillon at hotmail.com>
Date: Wednesday, July 13, 2011, 9:05 AM
Please circulate the following information as widely as appropriate. If you
are receiving this message as a forward and would like to learn more about
the National Association of Guide Dog Users or to join the NAGDU email
discussion list, please visit our website
HTTP://NAGDU.ORG
Marion Gwizdala, President
National Association of Guide Dog Users (NAGDU)
National Federation of the Blind (NFB)
813-626-2789
President at NAGDU.ORG
HTTP://NAGDU.ORG
GUIDE DOG ASSOCIATION LAUNCHES INNOVATIVE HOTLINE
After more than three months of consumer testing and input, the National
Association of Guide Dog Users (NAGDU) - the leader in service animal policy
& advocacy - has re-launched an innovative and valuable service. The NAGDU
Information & Advocacy Hotline has an easier-to-remember telephone number, a
more efficient menu, and human, rather than synthesized, voices. The hotline
not only offers information about the training and use of guide dogs and the
legal rights of individuals who use service animals, including guidance for
specific industries, it offers the option to speak with an advocate who is
trained to mediate issues of discrimination.
According to the new federal guidelines that took effect on March 15, 2011,
, a service animal is "any dog that is individually trained to do work or
perform tasks for the benefit of an individual with a disability". (28 CFR
Part 35.104 & 28 CFR Part 36.104). The new regulations specifically state,
"Other species of animals, whether wild or domestic, trained or untrained,
are not service animals for the purposes of this definition." In an effort
to further clarify its intent, the Department of Justice specifically
states, "The crime deterrent effects of an animal's presence and the
provision of emotional support, well-being, comfort, or companionship do not
constitute work or tasks for the purposes of this definition." The new
regulations concerning service animals follow this message.
"We find that most access problems are the result of a lack of information,"
says Michael Hingson, the Association's Vice President who serves as Project
Manager for the hotline. "This hotline is an excellent resource for accurate
information."
The NAGDU Education & Advocacy Hotline currently offers general information
about service animals under the Americans with Disabilities Act (ADA), as
well as specific guidance concerning restaurants, taxicabs, and health care
facilities. Future plans for the hotline include summaries of each of the
state laws concerning service animals, more industry specific information,
and guidance in a variety of languages, such as Mandarin and Arabic. The
Hotline is available anytime by calling, toll-free, 888-NAGDU411
(888-624-3841). Individuals wishing to experience the hotline can help us
save toll charges by using our local number: 813-658-5749.
The NAGDU Education & Advocacy Hotline was created by a grant from the
National Federation of the Blind's (NFB) Imagination Fund, as well as with
contributions from the California and Florida Associations of Guide Dog
Users. The National Association of Guide Dog Users is a strong and proud
division of the National Federation of the Blind. NAGDU conducts public
awareness campaigns on issues of guide dog use, provides advocacy support
for guide dog handlers who face discrimination, supports sound policy and
effective legislation to protect the rights of service animal users, offers
educational programs to school and civic organizations, and functions as an
integral part of the National Federation of the Blind. For more information
about the National Association of Guide Dog Users and to support their work,
you can visit their website at
HTTP://WWW.NAGDU.ORG
Or send an email message to
Info at NAGDU.ORG
The following information is excerpted from
http://www.ada.gov/regs2010/titleII_2010/titleII_2010_integrated.htm
and
http://www.ada.gov/regs2010/titleIII_2010/titleIII_2010_integrated.htm
28 CFR part 35.104 & 28 CFR Part 36.104
Service animal means any dog that is individually trained to do work or
perform tasks for the benefit of an individual with a disability, including
a physical, sensory, psychiatric, intellectual, or other mental disability.
Other species of animals, whether wild or domestic, trained or untrained,
are not service animals for the purposes of this definition. The work or
tasks performed by a service animal must be directly related to the
individual's disability. Examples of work or tasks include, but are not
limited to, assisting individuals who are blind or have low vision with
navigation and other tasks, alerting individuals who are deaf or hard of
hearing to the presence of people or sounds, providing non-violent
protection or rescue work, pulling a wheelchair, assisting an individual
during a seizure, alerting individuals to the presence of allergens,
retrieving items such as medicine or the telephone, providing physical
support and assistance with
balance and stability to individuals with mobility disabilities, and
helping persons with psychiatric and neurological disabilities by preventing
or interrupting impulsive or destructive behaviors. The crime deterrent
effects of an animal's presence and the provision of emotional support,
well-being, comfort, or companionship do not constitute work or tasks for
the purposes of this definition.
28 CFR § 35.136 Service animals
· (a) General. Generally, a public entity shall modify its policies,
practices, or procedures to permit the use of a service animal by an
individual with a disability.
· (b) Exceptions. A public entity may ask an individual with a disability to
remove a service animal from the premises if-
o (1) The animal is out of control and the animal's handler does not take
effective action to control it; or
o (2) The animal is not housebroken.
· (c) If an animal is properly excluded. If a public entity properly
excludes a service animal under § 35.136(b), it shall give the individual
with a disability the opportunity to participate in the service, program, or
activity without having the service animal on the premises.
· (d) Animal under handler's control. A service animal shall be under the
control of its handler. A service animal shall have a harness, leash, or
other tether, unless either the handler is unable because of a disability to
use a harness, leash, or other tether, or the use of a harness, leash, or
other tether would interfere with the service animal's safe, effective
performance of work or tasks, in which case the service animal must be
otherwise under the handler's control (e.g., voice control, signals, or
other effective means).
· (e) Care or supervision. A public entity is not responsible for the care
or supervision of a service animal.
· (f) Inquiries. A public entity shall not ask about the nature or extent of
a person's disability, but may make two inquiries to determine whether an
animal qualifies as a service animal. A public entity may ask if the animal
is required because of a disability and what work or task the animal has
been trained to perform. A public entity shall not require documentation,
such as proof that the animal has been certified, trained, or licensed as a
service animal. Generally, a public entity may not make these inquiries
about a service animal when it is readily apparent that an animal is trained
to do work or perform tasks for an individual with a disability (e.g., the
dog is observed guiding an individual who is blind or has low vision,
pulling a person's wheelchair, or providing assistance with stability or
balance to an individual with an observable mobility disability).
· (g) Access to areas of a public entity. Individuals with disabilities
shall be permitted to be accompanied by their service animals in all areas
of a public entity's facilities where members of the public, participants in
services, programs or activities, or invitees, as relevant, are allowed to
go.
· (h) Surcharges. A public entity shall not ask or require an individual
with a disability to pay a surcharge, even if people accompanied by pets are
required to pay fees, or to comply with other requirements generally not
applicable to people without pets. If a public entity normally charges
individuals for the damage they cause, an individual with a disability may
be charged for damage caused by his or her service animal.
· (i) Miniature horses.
o (1) Reasonable modifications. A public entity shall make reasonable
modifications in policies, practices, or procedures to permit the use of a
miniature horse by an individual with a disability if the miniature horse
has been individually trained to do work or perform tasks for the benefit of
the individual with a disability.
o (2) Assessment factors. In determining whether reasonable modifications in
policies, practices, or procedures can be made to allow a miniature horse
into a specific facility, a public entity shall consider-
§ (i) The type, size, and weight of the miniature horse and whether the
facility can accommodate these features;
§ (ii) Whether the handler has sufficient control of the miniature horse;
§ (iii) Whether the miniature horse is housebroken; and
§ (iv) Whether the miniature horse's presence in a specific facility
compromises legitimate safety requirements that are necessary for safe
operation.
o (C) Other requirements. Paragraphs 35.136 (c) through (h) of this section,
which apply to service animals, shall also apply to miniature horses.
28 CFR § 36.302 Modifications in policies, practices, or procedures.
· (c) Service animals.
o (1) General. Generally, a public accommodation shall modify policies,
practices, or procedures to permit the use of a service animal by an
individual with a disability.
o (c)(2) Exceptions. A public accommodation may ask an individual with a
disability to remove a service animal from the premises if:
§ (i) The animal is out of control and the animal´s handler does not take
effective action to control it; or
§ (ii) The animal is not housebroken.
o (3) If an animal is properly excluded. If a public accommodation properly
excludes a service animal under § 36.302(c)(2), it shall give the individual
with a disability the opportunity to obtain goods, services, and
accommodations without having the service animal on the premises.
o (4) Animal under handler´s control. A service animal shall be under the
control of its handler. A service animal shall have a harness, leash, or
other tether, unless either the handler is unable because of a disability to
use a harness, leash, or other tether, or the use of a harness, leash, or
other tether would interfere with the service animal´s safe, effective
performance of work or tasks, in which case the service animal must be
otherwise under the handler´s control (e.g., voice control, signals, or
other effective means).
o (5) Care or supervision. A public accommodation is not responsible for the
care or supervision of a service animal.
o (6) Inquiries. A public accommodation shall not ask about the nature or
extent of a person´s disability, but may make two inquiries to determine
whether an animal qualifies as a service animal. A public accommodation may
ask if the animal is required because of a disability and what work or task
the animal has been trained to perform. A public accommodation shall not
require documentation, such as proof that the animal has been certified,
trained, or licensed as a service animal. Generally, a public accommodation
may not make these inquiries about a service animal when it is readily
apparent that an animal is trained to do work or perform tasks for an
individual with a disability (e.g., the dog is observed guiding an
individual who is blind or has low vision, pulling a person´s wheelchair, or
providing assistance with stability or balance to an individual with an
observable mobility disability).
o (7) Access to areas of a public accommodation. Individuals with
disabilities shall be permitted to be accompanied by their service animals
in all areas of a place of public accommodation where members of the public,
program participants, clients, customers, patrons, or invitees, as relevant,
are allowed to go.
o (8) Surcharges. A public accommodation shall not ask or require an
individual with a disability to pay a surcharge, even if people accompanied
by pets are required to pay fees, or to comply with other requirements
generally not applicable to people without pets. If a public accommodation
normally charges individuals for the damage they cause, an individual with a
disability may be charged for damage caused by his or her service animal.
o (9) Miniature horses.
§ (i) A public accommodation shall make reasonable modifications in
policies, practices, or procedures to permit the use of a miniature horse by
an individual with a disability if the miniature horse has been individually
trained to do work or perform tasks for the benefit of the individual with a
disability.
§ (ii) Assessment factors. In determining whether reasonable modifications
in policies, practices, or procedures can be made to allow a miniature horse
into a specific facility, a public accommodation shall consider -
§ (A) The type, size, and weight of the miniature horse and whether the
facility can accommodate these features;
§ (B) Whether the handler has sufficient control of the miniature horse;
§ (C) Whether the miniature horse is housebroken; and
§ (D) Whether the miniature horse´s presence in a specific facility
compromises legitimate safety requirements that are necessary for safe
operation.
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