[nagdu] Dave, Tammy, & Maddox Anspach

[Marion & Martin]

Dar,
    Again, I feel this is an important issue to discuss and understand from 
a legal point of view. There are many things the training programs assert 
that may not necessarily be so, such as the necessity to have the dog in 
harness to gain access. This is categorically false, in spite of some state 
statutes that require it. Though states may make laws that are broader than 
Federal law, they cannot make any that are more restrictive. Requiring a dog 
to be in harness to obtain access is more restrictive and, as such, is 
unenforceablem as it is in conflict with the Federal law.
    The designation of "service animal" is due to the training of the animal 
to perform specific tasks that benefit a person with a disability. Maddox 
was a service animal before he was matched with Dave and the training cannot 
be taken away. Even though he was not provided to Debbie as a service 
animal, he still is. Since Debbie is a person with a disability and Maddox 
is a service animal, Debbie has the right to be accompanied by a service 
animal in any place the public is invited. Though Leader may not recognize 
Maddox as a "Leader Dog", it cannot rescind his designation as a "service 
animal".
    We have discussed the issue of ownership on many occasions on this list. 
This particular discussion is possible because Dave owned Maddox, his 
ownership transferred to his wife upon his death, and his wife had the 
privilege and discretion to transfer ownership to someone else. Should Dave 
had received his dog a year or two later, we would be having a very 
different discussion due to Leader's change in ownership policy. I hope this 
specific issue will help everyone understand one of the ramifications of 
legal ownership of our guide dogs!

fraternally yours,
Marion Gwizdala


----- Original Message ----- 
From: "d m gina" <dmgina at samobile.net>
To: <nagdu at nfbnet.org>
Sent: Friday, August 07, 2009 11:49 AM
Subject: Re: [nagdu] Dave, Tammy, & Maddox Anspach


> Wait wait wait,
> This is interest to me, I always wanted to know what folks could do.
> At no time was I saying this is wrong.
> I was always under the understanding that the harness went back to the 
> school, and you kept the dog for a pet if you could, or the dog went back 
> to school.
> I love it.
> Just another way for Dave to keep helping out.
>
> -- 
> --Dar
> skype
> dmgina23
> every saint has a past
> every sinner has a future
>
> Email services provided by the System Access Mobile Network.  Visit 
> www.serotek.com to learn more about accessibility anywhere.
>
> _______________________________________________
> nagdu mailing list
> nagdu at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for 
> nagdu:
> http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/swampfox1833%40verizon.net