[nagdu] Pet tags on the beach

Sun Aug 2 23:07:39 UTC 2009

Hi, Everyone,

While I am among the first to assert our legitimate right as people with a
disability to be accompanied by our service animals into places of public
accommodation, and while I agree that we have this right whether or not the
animal is in harness and without being required to show identification or
certification for ourselves or our service animals, I must agree with Julie
J. when she expressed that this right does not extend to allowing our
service animals to play/swim at a public beach, without following the same
requirements as apply to pet animals in that location.  The reason we have
the right to be accompanied by our service animals in places of public
accommodation is that the animal is acting as a service animal, enabling us
to access such places and to enjoy them as do other members of the public.
So, we are permitted to enter the beach with our service animals, without
the need to have the tags required of people who wish to take their pet
animals onto the beach.  We can certainly use our service animals inside
such a facility, being guided by our guide animals to the snack stand,
showers or changing rooms, to the playground, or just for a walk along the
beach.  And I suppose it could be argued that we could use our guide animals
to guide us into the water and back to the beach and to our towel or
blanket.  And certainly, we have the right to have our service animal sit or
lie on the beach, either next to us or alone while we are nearby or in the
water (if the animal is "under control", such as on leash or on a "stay").

But, to me it is quite a different thing for a person with a disability to
take his/her service animal into a public place, such as a beach, under the
provisions of the ADA, and then to use the facility for the animal's
recreation, such as by allowing the animal to swim, on or off leash, or to
sniff and dig in the sand, or chase sticks or a ball, or any other "play"
activity.  In this situation, the animal is not acting as a service animal,
whether or not it is wearing a harness or other identifying equipment.  It
is behaving as a pet, and the handler is using the facility as he/she would
use it for his/her pet animal.  I believe that this is not the intent of the
ADA, with respect to service animals.  I think it is only right, in this
situation, for the person with a disability, if he/she intends to use the
beach for the recreation of his/her animal rather than solely for his/her
own and his/her family's recreation, that he/she conform to the local rules
and get the required tags.

It seems to me that asserting the right to use the beach for the
recreation/play of the service animal would be to step onto the proverbial
"slippery slope."  For example, we have the right to be accompanied into the
local swimming pool facility by our service animals.  We can take the animal
into the pool area and the animal can be used as a guide in that area or can
be left on stay at poolside.  But I do not believe that the facility
management is required to permit us to take the animal into the pool with
us, nor to let the animal run around the pool barking and snapping at
splashed water, or to otherwise play.

Similarly, we have the right to be accompanied by our service animals into
parks, camping and hiking areas, and wilderness areas.  But do we have the 
right to
allow our service animals to run loose, sniffing and digging, relieving 
wherever they feel the need, and possibly damaging the protected plants or 
animals in the environment?

And again, we have the right to take our service animals into restaurants 
and hotels, but do we have the right to allow our service animals to sit at 
the table and eat food off the plates, or to chase a ball up and down the 
hotel corridors or get up on the furniture in the hotel lobby or guest 
rooms?  I do not believe that this is the intent of the ADA.

Perhaps more to the point is the following situation--
In my town, as in many other communities, there is a public dog park where 
residents can take their pet dogs to romp and socialize with other dogs. 
There is a local ordinance which states that in order to use the dog park, 
residents must go to the town office and present documentation of town 
residency in order to get a permit to use the dog park.

Now, if I wish to enter the dog park with my service dog, or if I wish to 
walk around inside the dog park using my service dog to do its job of 
guiding me around, I believe that I have the right to do this without 
obtaining a town permit, just as any other human being would be allowed to 
enter and enjoy the facility when not accompanied by a dog.  (This situation 
might occur, for example, if I am out for a walk with a friend who wants to 
allow his pet dog to play in the dog park while we are on our walk, and we 
stop in for a time, but my service animal remains at my side while my 
friend's dog is permitted to run free and play.)

However, if I intend to allow my own service animal to play and enjoy the 
facility as do the pet dogs, then I believe it is reasonable and perfectly 
acceptable that I be required to go to the town hall and present my 
documentation of residency and get my permit to use the dog park for the 
enjoyment/recreation of my dog, whether or not that dog comes into the 
facility in harness or wearing other identifying equipment.

To me, it seems that the situation of obtaining tags in order to have one's 
dog use a public beach or a public dog park for recreational purposes, is 
close to the requirement to obtain a dog licence for all dogs, even service 
dogs.  In the case of the licence, it is a way for the local government to 
ensure that all dogs are vaccinated.  And in the case of the dog park, it is 
a way for the town to ensure that the facility which is supported by town 
residents' taxes, is used only by those town residents.  I'm not sure what 
the purpose is of the tags for people who want to take their dogs onto the 
beach.  But I don't think we can claim exemption under the ADA, if we are 
going to allow our service animals to enjoy the facility as pet dogs do, 
rather than solely to use them as our guides or to perform whatever other 
disability-related tasks they have been trained to perform.

Interesting discussion.

Best,
Ann

----- Original Message ----- 
From: "Sherri" <flmom2006 at gmail.com>
To: "NAGDU Mailing List,the National Association of Guide Dog Users"
<nagdu at nfbnet.org>
Sent: Sunday, August 02, 2009 2:44 PM
Subject: Re: [nagdu] Pet tags on the beach

> Thanks Marion for the attached info. I'm sure it will come in handy.
>
> Sherri
> ----- Original Message ----- 
> From: "Marion & Martin" <swampfox1833 at verizon.net>
> To: "NAGDU Mailing List, the National Association of Guide Dog Users"
> <nagdu at nfbnet.org>
> Sent: Sunday, August 02, 2009 5:48 AM
> Subject: Re: [nagdu] Pet tags on the beach
>
>
>> Wayne,
>>    No need for any sort of tags. As you stated, a service animal is not a
>> pet, so such rules do not apply. You do not need to have your dog in
>> harness
>> nor present any other sort of documentation proving it is a service
>> animal
>> to have access to the beach. The only thing you are required to gain such
>> access is to advise them you are a person with a disability and the
>> animal
>> is a service animal. They may ask how the animal was trained and what
>> task
>> the animal was trained to perform, but you are not required to
>> demonstrate
>> its training. For your information, I have attached information from the
>> U.S. Department of Justice, just in case you are questioned about it.
>> also,
>> keep my number with you should you need an advocate while in Florida.
>> BTW,
>> what part of Florida will you be visiting?
>>
>> Fraternally yours,
>> Marion Gwizdala
>> Tampa, Florida
>> 813-626-2789
>>
>>
>>
>>
>> ----- Original Message ----- 
>> From: "Wayne Merritt" <wcmerritt at gmail.com>
>> To: "NAGDU Mailing List, the National Association of Guide Dog Users"
>> <nagdu at nfbnet.org>
>> Sent: Saturday, August 01, 2009 8:46 PM
>> Subject: [nagdu] Pet tags on the beach
>>
>>
>>> Greetings. Sorry for the short notice. I talked with my parents
>>> earlier who are already in Florida. I'm leaving tomorrow morning. They
>>> mentioned that pets need to get tags from a specific office in order
>>> to go on the beach. I know that guide dogs arent' pets, but does
>>> anyone know if I need to worry about this with my guide, or will the
>>> harness be enough to convince any officials on the beach? We talked
>>> about taking my dog with us to the beach perhaps tomorrow evening to
>>> see how she reacts and then decide if we need to do anything with her
>>> the rest of the week. However, since the "tag office" for lack of a
>>> better phrase isn't open till Monday morning, if we do need tags then
>>> we wouldn't be able to take her tomorrow. She has a microchip ID on
>>> her collar that we got last fall when in training, and I've of course
>>> got an ID card for her proving that she's a guide dog. Thoughts?
>>>
>>> Wayne
>>>
>>> -- 
>>> My blog:
>>> http://wayneism.blogspot.com
>>> My websites:
>>> www.wayneism.com
>>> www.whitecaneday.org
>>>
>>> _______________________________________________
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>>
>
>
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