[il-talk] FW: questions regarding service animals

Fri May 11 00:49:01 UTC 2018

Dear all, 

FYI. We are not getting a definitive answer from our alderman as to the plan
for the animals in the airport ordinance. I believe that we should all take
this into account when we consider contributions and casting our vote.
Despite numerous requests for an opportunity to speak with our city counsil
we cannot get a meeting or a definitive anser. This remains an issue hanging
over our heads. I plan to suggest to the Chicago Chapter that we approach
the media in June. Courtney, thanks for your time but the blind community
deserves either a meeting  or an anser. Apparently we are not a big enough
constituency to warrant either one. 

Patti Chang Esq.

Treasurer

National Federation of the Blind of Illinois

(773) 307-6440 

 <http://www.nfbofillinois.org/> www.nfbofillinois.org

Find us on twitter: “NFBI”

Search for “National Federation of the Blind of Illinois” on facebook.

From: Willits, Courtney
[mailto:Courtney.Willits at committeonfinance.onmicrosoft.com] 
Sent: Thursday, May 10, 2018 4:16 PM
To: Patti Chang <pattischang at gmail.com>; president at nagdu.org
Cc: 'Steve Hastalis' <steve.hastalis at gmail.com>; davant1958 at gmail.com;
jpare at nfb.org
Subject: RE: questions regarding service animals

Patti, 

It is still pending in committee and it has not been noticed up for the
month of May. The current chairman of the committee is retiring at the end
of  May so it is unlikely it will be heard in the near future. If I hear of
any updates on the matter I will surely reach out. If not, please feel free
to check back in the next couple of months. 

Thank you, 

Courtney Willits 

From: Patti Chang [mailto:pattischang at gmail.com] 
Sent: Tuesday, May 08, 2018 2:20 PM
To: Willits, Courtney; president at nagdu.org <mailto:president at nagdu.org> 
Cc: 'Steve Hastalis'; davant1958 at gmail.com <mailto:davant1958 at gmail.com> ;
jpare at nfb.org <mailto:jpare at nfb.org> 
Subject: RE: questions regarding service animals

Dear Courtney, 

Do you have any update on what the Alderman plans for this ordinance?

We would still appreciate an opportunity to be heard on our concerns.

Patti Chang Esq.

Treasurer

National Federation of the Blind of Illinois

(773) 307-6440 

 <http://www.nfbofillinois.org/> www.nfbofillinois.org

Find us on twitter: “NFBI”

Search for “National Federation of the Blind of Illinois” on facebook.

From: Willits, Courtney
[mailto:Courtney.Willits at committeonfinance.onmicrosoft.com] 
Sent: Tuesday, March 13, 2018 2:18 PM
To: president at nagdu.org <mailto:president at nagdu.org> 
Cc: pattischang at gmail.com <mailto:pattischang at gmail.com> ; Steve Hastalis
<steve.hastalis at gmail.com <mailto:steve.hastalis at gmail.com> >;
davant1958 at gmail.com <mailto:davant1958 at gmail.com> ; jpare at nfb.org
<mailto:jpare at nfb.org> 
Subject: RE: questions regarding service animals

Dear Mr. Gwizdala,

Thank you so much for clarifying this issue. This language was incredibly
helpful in gaining a better understanding of the topic. As I told Mr.
Hastalis, we are still in the very early stages of this ordinance and all of
your input will be taken into consideration. But in the meantime I will
study these sections as set out below and forward your advice and preferred
language along to the Aldermen. 

Thank you again for your response, your input is greatly appreciated. 

Courtney Willits

From: president at nagdu.org <mailto:president at nagdu.org>
[mailto:president at nagdu.org] 
Sent: Tuesday, March 13, 2018 1:54 PM
To: Willits, Courtney
Cc: pattischang at gmail.com <mailto:pattischang at gmail.com> ; Steve Hastalis;
davant1958 at gmail.com <mailto:davant1958 at gmail.com> ; jpare at nfb.org
<mailto:jpare at nfb.org> 
Subject: questions regarding service animals
Importance: High

Dear Ms. Willits,

                I have been asked by President Steve Hastalis to answer some
questions you have about guide and other service dogs. We are encouraged by
your willingness to gather more information in order to craft a sound
ordinance that serves the public interest without impinging on the civil
rights of individuals accompanied by service dogs which are protected by
state and federal law. This information is based upon the implementing
regulations of the Americans with Disabilities Act found at 28 CFR Section
35 which applies to public entities and 28 CFR Section 36 which applies to
private entities providing public accommodations. Since the city of Chicago
owns and operates Midway and O’Hare Airports, they would be considered a
public entity. I only refer to Part 36 should there be any question if the
regulations would apply to an airport terminal, since the ADA expressly
defines a terminal as a covered entity (42 USC 12181(7)(G)); however, both
parts use the same language and, I believe, offers guidance concerning your
questions. I have attached the text of these implementing regulations to
this message for your reference. 

As to your question concerning verifying that a dog is a service animal or
guide dog, there is no universal identification for service dogs. If we turn
to the implementing regulations of the ADA for guidance, we find the
following:

“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).” (28 CFR § 35.136(f))

This is what is known as “credible assurance”. If an individual is asked the
two allowable questions and can answer them credibly, the regulations
require admission. 

     Let me help clarify the concept of credible assurance. If an individual
presents with a guide dog, for example, the dog is wearing a harness and can
be objectively observed doing work or performing tasks associated with the
person’s disability of blindness, it is readily apparent the dog is a
service animal. Likewise, if the dog is pulling a wheelchair or supporting
someone with a mobility impairment, that, too, is objectively observable
evidence the dog has been trained and is, in itself, credible assurance.
This is the reason the regulations state that even the two inquiries may not
be made under such circumstances. If it is not readily apparent that the dog
has been trained to perform tasks or do work for an individual with a
disability, the two aforementioned questions may be asked. If the individual
answers appropriately but the dog is obviously untrained, as it is observed
approaching others, barking, growling, or other behavior that indicates it
has not been trained or is out of control, no matter what the individual
asserts, the assurance is not credible. In such circumstances, an entity may
exclude the dog but must allow the individual to enjoy the accommodations
without the dog being present. (28 CFR Section 35.136(b)) (

     According to the implementing regulations of the ADA, entities must
modify  their policies, practices, and procedures to permit the use of a
service animal by a person with a disability (28 CFR Section 35.136(a). In
addition, a public entity may not require an individual with a disability
accompanied by a service dog “to comply with other requirements generally
not applicable to people without pets” (28 CFR Section 35.136(h));
therefore, the requirements set forth by the ordinance that only  ticketed
passengers may be accompanied by a service dog or for any other prerequisite
documentation, health certificates, or immunization records as a condition
to access is incongruent with this provision. 

Three comments are necessary concerning this: firstly, ticketed passengers
are not the only individuals making use of the airports and restricting
access to only ticketed passengers is problematic. This would restrict
someone meeting a passenger at the airport or engaging in other business
from entering the terminal. Secondly, it appears some of the provisions are
drawn from an airline’s policy that have been rescinded through our direct
advocacy due to its noncompliance with the Air Carrier Access Act, e.g., “an
immunization record or other proof of vaccination that is current within one
year of the travel date”.  Thirdly, even if such a provision were to comply
with the Air Carrier Access Act, such provisions only apply to covered
entities under the ACAA and its passengers. The City’s airports are not
covered entities under the ACAA; rather, they are subject to the ADA.
Parenthetically, this ordinance is also incongruent with Illinois statutes
providing for full and equal access to individuals accompanied by service
animals in places the general public is invited and makes it a Class A
misdemeanor to violate this statute  (30-3, 4 illcs). 

The most appropriate way to amend this ordinance to comply with the
provisions of the ADA and Illinois statutes is to strike any references to
service animals and focus on the requirements for emotional support animals.
Emotional support animals are not, by definition, included under the
implementing regulations of the ADA (28 CFR Section 35.104); however, since
they are allowed under the ACAA and there is no alternative manner in which
to allow ESAs access to the aircraft, it seems the city must allow ESAs
access through the terminal by means of a direct path to the gate while
imposing any lawful restriction on that access.  Any attempts to enforce the
service animal provisions of this ordinance would bring the city of Chicago
in conflict with the ADA and Illinois statutes.   

     We look forward to working with Alderman Burke to craft policies and
practices that protect the interest of public safety while ensuring the
civil rights of the disabled. If you have any further questions, please do
not hesitate to get in touch with me. My contact information is below my
signature.

With kind regards,

Marion Gwizdala

Marion Gwizdala, President

National Association of Guide Dog Users Inc. (NAGDU)

National Federation of the Blind

(813) 626-2789

President at NAGDU.ORG <mailto:President at NAGDU.ORG> 

Visit our website <http://nagdu.org/> 

Follow us on Twitter <http://twitter.com/nagdu> 

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.

From: Steve Hastalis [mailto:steve.hastalis at gmail.com] 
Sent: Tuesday, March 13, 2018 2:53 AM
To: President at NAGDU.ORG <mailto:President at NAGDU.ORG> 
Cc: pattischang at gmail.com <mailto:pattischang at gmail.com> 
Subject: FW: questions regarding service animals

Dear Ms. Willets:

Thank you for your inquiry.  I have forwarded your correspondence to Mr.
Marion Gwizdala, President

National Association of Guide Dog Users Inc. (NAGDU)

National Federation of the Blind

(813) 626-2789

President at NAGDU.ORG <mailto:President at NAGDU.ORG> .

He can give you the most accurate response

Cordially,

Steve Hastalis, President 

National Federation of the Blind of Illinois, Chicago Chapter

Home Phone: 773.508.5307, Cell Phone: 773.848.5307, E-mail:
steve.hastalis at gmail.com <mailto:steve.hastalis at gmail.com> 

From: Willits, Courtney
[mailto:Courtney.Willits at committeonfinance.onmicrosoft.com] 
Sent: Monday, March 12, 2018 3:36 PM
To: Steve Hastalis <steve.hastalis at gmail.com
<mailto:steve.hastalis at gmail.com> >
Subject: questions regarding service animals

Mr. Hastalis, 

I just have a couple of follow up question regarding service animals. I am
hoping to gain a better understanding of how to distinguish a true service
dog from a pet who is posing as a service animal. Is there any universal
identification for a service animal or guide dog? I understand under the ADA
there is no certification required but just wanted to make sure I have a
true grasp on the subject matter!

Additionally, I cannot be certain what the future is for this ordinance but
if we were to write an exemption for service animals or guide dogs, what
would that type of language look like? I am just trying to figure out
possible ways to enforce an ordinance that would serve a better purpose on
how to distinguish service animals from pets.

Thank you for your input!

Courtney Willits

Chicago City Council Committee on Finance

Legislative Aide

(312) 744-3021

 <mailto:Courtney.willits at committeeonfinance.org>
Courtney.willits at committeeonfinance.org

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