[il-talk] FW: questions regarding service animals

Fri May 11 03:33:13 UTC 2018

I would say the television stations the radio stations newspapers. I'll
even do another segment on it. I don't mind doing that. I enjoy doing it
and it gives the station over here a lot of credibility. Even if people
wanted to come in person to Northeastern and sit on the air we can do that
too.

Sincerely
Robert A. Hansen
hansen.robert70 at gmail.com
Robert A. Hansen

On Thu, May 10, 2018, 7:50 PM Patti Chang via IL-Talk <il-talk at nfbnet.org>
wrote:

> 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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