[Flagdu] FW: NFB Support Guide dog Event

Sat Oct 4 16:08:01 UTC 2014

This terrible experience just emphasizes just why the State of Florida needs to immediately pass legislation to criminalize the passing off of a pet as a service animal.  Whether the reactions of the museum staff was due to ignorance or frustration about the other situation, they were still wrong.  However, I've heard that situations like this may well increase unless we are able to do something about the problem of poorly trained and controlled animals that are not true service animals.  Unfortunately, the kind of proof that was demanded, may be fake and is easily obtained, so having documentation proves nothing.  The staff was wrong in ignoring the Federal and State laws.  I suggest that we need to bring pressure on our representatives to immediately address the problem of fake service animals.  Florida's legislation should reflect the ADA!   

Doug Hall

-----Original Message-----
From: Flagdu [mailto:flagdu-bounces at nfbnet.org] On Behalf Of Sherrill O'Brien via Flagdu
Sent: Saturday, October 04, 2014 8:45 AM
To: flagdu at nfbnet.org
Cc: Marion Gwizdala; 'Jody'; Tracie Inman
Subject: [Flagdu] FW: NFB Support Guide dog Event

                Hello to all,

Please read the following carefully. I will speak with Tiffany as soon as possible. We will make sure that this is the last incident of this kind at this state building.

Sherrill 

From: Denise Valkema [mailto:valkemadenise at aol.com] 
Sent: October 04, 2014 7:09 AM
To: Sherrill Obrien; Johnnie Slaton
Cc: Dan Hicks; peter cerullo; <GloriaNFB at irescue-tax.com>; Lenora Marten; Jim Ellsworth; <Paul09ms at gmail.com>; <anil.lewis at nfb.org>
Subject: Re: NFB Support Guide dog Event

Sherrill,

I am forwarding this email from Johnnie to you for FLAGDU as she suggested.

Sincerely, Denise Valkema by iPhone 

On Oct 4, 2014, at 12:22 AM, Johnnie Slaton <slatonj52 at earthlink.net> wrote:

Greetings To All,

Please note this information and a request for   support from NFB.  We are going to support Tiffany.  I am requesting your input for a plan of  action.  Let me hear from you.

You should forward this information  to Florida /NFB Guide Dog Users Officers.

The Note From Tiffany  follows:

Johnnie,

    Please see if your organization would like to assist me with this matter.  I have attached the summary, as well as displayed it below:

Guide Dog ADA Violation at

Museum of Florida History

R.A. Gray Building

500 South Bronough Street

Tallahassee, FL 32399-0250

(850) 245-6400

October 2, 2014

       Yesterday, October 1, 2014, during my lunch break at approximately 1:20 pm, I visited the Florida Museum of History on Bronough Street.  I was visiting to view the annual Quilt Exhibit which displayed a quilt from Lighthouse of the Big Bend.  I entered the stairway entrance to the lower level of the Gray Building.  While browsing the exhibit I overheard someone calling out, “Ma’am, Ma’am!  I assumed that the summons was meant for someone else, and continued browsing.  When the summons became more assertive and closer, I turned to learn that it was actually a security guard, dawning a badge, uniform, and pistol, who was attempting to get my attention.  He stated, “Dogs aren’t allowed in here.  You can’t bring that dog in here.”  I replied, “Oh, this is a Guide Dog,” and thanked him.  

       After approximately 6 minutes, I finished viewing the exhibit and exited towards the staircase when I was approached by another two (2) security guards.  One proceeded to grab and tussle my guide dog and harness stating that I was not allowed to have the dog in the building.  I pleaded that he refrain from shaking and twisting my dog, and that he was “freaking out my guide dog.”  The security guard continued and replied that he wanted to see proof that it was in fact a guide dog and not just a pet. I pulled the dog away from him a second time, and stated that there was a harness on the dog which clearly states “Guide Dogs for the Blind, Inc.”  He stated that the harness was not enough proof and that I needed to show him a card or papers as proof.  This continued for a period of time until I was finally able to retreat to the nearby deli/snack shop within the museum.  They walked away.

       Feeling tremendously humiliated and violated, I began placing an arbitrary order in an attempt to calm down and look less conspicuously disabled, since the encounters with the security guards drew quite a bit of attention from the museum attendees.   As I was ordering, two (2) new violators approached (one security guard, and one volunteer), and interrupted with, “You need to have a card or papers to come in here,” as he reached about the dog.  I asked again, “Please do not touch my guide dog.”  He then continued stating that I have to have papers with me in order to enter the museum and that since I don’t have them, I cannot bring him in.  I tried to explain that I was on a lunch break, just going for a walk.  I tried to explain that the papers that he is referring to are meant for excursions such as travel in planes, ships, out of the country, etc.  Guide dog users do not carry around a stack of medical papers and proof of disability with them when going on a walk, or to the grocery store, etc.  The security guards continued to debate me.  Thankfully, the manager of the deli, Kendra Doughty, sternly interrupted stating, “She is absolutely right. Now, I’m going to serve my customer.”  She then held her hand up in a stop gesture and stated, “Will you let me serve my customer?”  They finally stopped arguing for that third round, and the deli manager apologized for me having to endure that behavior.  I sat down in the back of the shop, totally embarrassed, almost in tears, and shocked that here in the capital city, at a State facility, this was happening so aggressively, and relentlessly.    

       I ate, although not hungry any more at this point, still trying to gain some normalcy to my lunch hour when I heard someone approach.  I looked up to find another, bigger security guard looming over me and my guide dog.  He stated, “I had my men come over here because you cannot have that dog in here.”  I stated again, “This is a guide dog.”  He then added, “Do you have proof that he is a guide dog?  Do you have papers for him . . . a card or something?”  I reminded, I have this harness on the dog that states Guide Dogs for the Blind. I am on a walk for my lunch break.  I’m not even carrying a purse.  People who are blind do not carry around a file of papers with them wherever they go.”  When he stated again that I cannot come in here with this dog again unless I bring papers with me, I tried to tell him about the Federal ADA Regulation:

•              When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task. 

I also informed him of Florida Statute 413.08:

•              (3) An individual with a disability has the right to be accompanied by a service animal in all areas of a public accommodation that the public or customers are normally permitted to occupy.

(a) Documentation that the service animal is trained is not a precondition for providing service to an individual accompanied by a service animal. A public accommodation may ask if an animal is a service animal or what tasks the animal has been trained to perform in order to determine the difference between a service animal and a pet.

I then offered my services of in-service training if necessary, to further detail protocol when interacting with people who are blind and their service animals, and suggested that he not have his employees’ touch, grab or tussle a patron’s service animal.  

The security guard did not accept anything that I offered, and reiterated that he will “let me stay in here this time, but you cannot come back in here without papers for the dog.”

After he walked away, I could no longer ensure that I would be able to avoid further embarrassment and squelch my urge to cry, so I asked for a carryout bag, gathered by guide dog, what was left of my dignity, and exited the museum, escaping this 40 minute ordeal.  I came to work and explained the afternoon’s events to my supervisor.  

Today, October 2, 2014, I went back to the museum to provide the security guard administration with copies of the full Florida Statute 413.08, and the Federal ADA Regulation (in triplicate) for them to share with the staff.  When I arrived, I was stopped at the staircase doorway by one of the same security guards, Charles Walton, who firmly questioned, “Do you have your card?”  I was also informed that “the documentation requirements were in their protocol books and that the ADA requirements don’t apply to the State Building.” Needless to say, there seems to be no intention to change policy, and I have concerns for other disabled patrons of the museum. 

Thank you,

Tiffany Baylor

Florida Dept. of Education

Division of Blind Services

Contracts and Compliance

(850) 245-0355

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