[nagdu] Pet tags on the beach

Mon Aug 3 02:55:12 UTC 2009

earlier in this thread someone said that licensing your service dog
shouldn't cost you. Is this the law or a courtacy? Anyone know the case in
Idaho? Lora and Trice

On Sun, Aug 2, 2009 at 7:06 PM, Nicole B. Torcolini <
ntorcolini at wavecable.com> wrote:

> Well said.
>
> -----Original Message-----
> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
> Of Ann Edie
> Sent: Sunday, August 02, 2009 4:08 PM
> To: NAGDU Mailing List,the National Association of Guide Dog Users
> Subject: Re: [nagdu] Pet tags on the beach
>
> 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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> n.net
> >>
> >
> >
> >
>
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> >
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> >
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-- 
Lora and Trice