[nagdu] Fw: [buddy-l] A very bad legislative effort

Marion & Martin swampfox1833 at verizon.net
Sat Dec 26 22:21:45 UTC 2009


Albert,
    The principle of supremacy allows states to make laws that are broader, 
but not more restrictive. Therefore, a state may allow trainers of service 
animals access to public acccommodations but may not restrict access to 
specific places included in the federal law. HTH!

Marion


----- Original Message ----- 
From: "Albert J Rizzi" <albert at myblindspot.org>
To: "'NAGDU Mailing List, the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Saturday, December 26, 2009 2:03 PM
Subject: Re: [nagdu] Fw: [buddy-l] A very bad legislative effort


> Hmmm.... but doesn't  federal law trump state law in this instance? And if
> not, which states afford the best protections and interpretations  of the
> ADA which could then be offered up as a model to be replicated by other
> states?
>
> Albert J. Rizzi, M.Ed.
> CEO/Founder
> My Blind Spot, Inc.
> 90 Broad Street - 18th Fl.
> New York, New York  10004
> www.myblindspot.org
> PH: 917-553-0347
> Fax: 212-858-5759
> "The person who says it cannot be done, shouldn't interrupt the one who is
> doing it."
>
>
> Visit us on Facebook LinkedIn
>
>
> -----Original Message-----
> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
> Of Steve Johnson
> Sent: Saturday, December 26, 2009 12:22 PM
> To: NAGDU Mailing List,the National Association of Guide Dog Users
> Subject: Re: [nagdu] Fw: [buddy-l] A very bad legislative effort
>
> Albert,
>
> In a sense then, this is already done by the licensing of our friends in 
> the
> locales in which we live.  Why duplicate?  My argument would be that the
> City Treasurer has already certified that my guide is just that.
>
> In regards to the other email and the definition of a service animal and 
> in
> this case, different types of service dogs, I should again reiterate that
> this information is old, as I do not remember where I had obtained it, but
> the primary idea was to demonstrate how animals are trained for specific
> purposes.
>
> I do agree with you that there is some gray area where these dogs 
> described
> perform specific tasks, and it is possible that Marion is pointing out 
> that
> it would be very difficult to train some of the specific psychiatric 
> service
>
> dogs to perform those functions.  However, the ADA is pretty broad in it's
> definition of a service animal as taken directly from the ADAAG:
>
> Service animal means any guide dog, signal dog, or other animal 
> individually
>
> trained to do work or perform tasks for the benefit of an individual with 
> a
> disability, including, but not limited to, guiding individuals with 
> impaired
>
> vision, alerting individuals with impaired hearing to intruders or sounds,
> providing minimal protection or rescue work, pulling a wheelchair, or
> fetching dropped items.
>
> So, what does this mean?  Exactly what the ADA intended in that each case
> needs to be viewed on a case by case basis.  Sometimes it appears that our
> laws are about as clear as mud, but if we know how to exercise our rights,
> or at least know someone who has a much clearer understanding of how to
> approach a situation, these laws can work.
>
> I realize that through some of the dialogue taking place here, we are
> crossing over to dogs that have already been trained and denied access, 
> but
> what we do not know if the states in which these specific incidents may 
> have
>
> taken place, actually have existing laws in place that allow access for
> trainers and their animals in training.  Again, I will elude back to
> Wisconsin's law that does have this in place.  Sometimes, it may be the
> better ottion to check with and understand one's State laws first as it 
> will
>
> many times offer more protections than the ADA or other similar Civil 
> Rights
>
> laws as I have been specifically told by our DBTAC Director who does know
> these laws.
>
> Thanks for listening,
>
>
>
> Service animals are animals that are individually trained to perform tasks
> for people with disabilities such as guiding people who are blind, 
> alerting
> people who are deaf, pulling wheelchairs, alerting and protecting a person
> who is having a seizure, or performing other special tasks. Service 
> animals
> are working animals, not pets.
>
>
>
>
>
> ----- Original Message ----- 
> From: "Albert J Rizzi" <albert at myblindspot.org>
> To: "'NAGDU Mailing List,the National Association of Guide Dog Users'"
> <nagdu at nfbnet.org>
> Sent: Saturday, December 26, 2009 7:43 AM
> Subject: Re: [nagdu] Fw: [buddy-l] A very bad legislative effort
>
>
>> And if such a program were to exist, there would need to be and should be
>> a
>> national standard developed and overseen by handlers, trainers, and other
>> parties not in a position to gain anything from such a standardized
>> certification so as to level playing fields.  Norwegians certification
>> process does nothing to promote cruise travel as a whole but does promote
>> Norwegian cruise travel. That is the one consideration needed to ensure
>> that
>> any certification would not be self serving and thereby moot as a
>> certification given by an individual organization or corporation, most
>> certainly does not travel with you once you change offices. Certification
>> should be state wide or nation wide and useful regardless of where one
>> hangs
>> their work hat.
>>
>> Albert J. Rizzi, M.Ed.
>> CEO/Founder
>> My Blind Spot, Inc.
>> 90 Broad Street - 18th Fl.
>> New York, New York  10004
>> www.myblindspot.org
>> PH: 917-553-0347
>> Fax: 212-858-5759
>> "The person who says it cannot be done, shouldn't interrupt the one who 
>> is
>> doing it."
>>
>>
>> Visit us on Facebook LinkedIn
>>
>>
>>
>> -----Original Message-----
>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On 
>> Behalf
>> Of cheryl echevarria
>> Sent: Friday, December 25, 2009 6:04 PM
>> To: NAGDU Mailing List,the National Association of Guide Dog Users
>> Subject: Re: [nagdu] Fw: [buddy-l] A very bad legislative effort
>>
>> I have been reading the posts just coming back from a visit for 
>> christmas,
>> in the way of certification, let's say for myself, I am certified as a
>> medical insurance specialist, I did not take it as a government position
>> or
>> a job, it was done by a school, and I took a test from the National
>> Certification program that gives the test, it doesn't have to come from
>> the
>> government.
>>
>> Certification is knowledge, such as myself being certified to sell a
>> product
>> like Norwegian Cruise Lines, I learned the product from Norwegian
>> themselves, if to know about there products to become more specialized
>> that
>> the average travel agent, not all travel agents are certified in the 
>> items
>> they sell. But I make it a point to get certified in the different
>> suppliers
>> out there.
>>
>> Couldn't each school offer some kind of certification through what is it
>> that certifies the school, There is an organization under which the guide
>> dog schools must know and train there instructor, there is no problem 
>> with
>> getting certified, as long as the program is a good one.
>>
>>
>> Cheryl Echevarria
>> Independent Contractor
>> Echevarriatravel.com
>> 1-866-580-5574
>>
>>
> Reservations at echevarriatravel.com<mailto:Reservations at echevarriatravel.com>
>> Affiliated as an Independent Contractor with Montrose Travel
>> CST-1018299-10
>>  ----- Original Message ----- 
>>  From: Buddy Brannan<mailto:buddy at brannan.name>
>>  To: NAGDU Mailing List,the National Association of Guide Dog
>> Users<mailto:nagdu at nfbnet.org>
>>  Sent: Friday, December 25, 2009 4:12 PM
>>  Subject: Re: [nagdu] Fw: [buddy-l] A very bad legislative effort
>>
>>
>>  Actually, no. Unless and until I can see a fair and cost-effective
>> program
>> that would be administered by people who have a clue (and unfortunately, 
>> I
>> don't see any way such a thing can happen, given the aforementioned
>> complexities coupled with government's abysmal track record at such
>> things),
>> there's no way I can support certification. There are far too many ways a
>> certification program can either be screwed up or screw somebody over.
>>  --
>>  Buddy Brannan, KB5ELV - Erie, PA
>>  Phone: (814) 860-3194 or 888-75-BUDDY
>>
>>
>>
>>  On Dec 25, 2009, at 4:06 PM, Albert J Rizzi wrote:
>>
>>  > So would it be safe to assume that you support certification from your
>>  > statement?
>>  >
>>  > Albert J. Rizzi, M.Ed.
>>  > CEO/Founder
>>  > My Blind Spot, Inc.
>>  > 90 Broad Street - 18th Fl.
>>  > New York, New York  10004
>>  > www.myblindspot.org<http://www.myblindspot.org/>
>>  > PH: 917-553-0347
>>  > Fax: 212-858-5759
>>  > "The person who says it cannot be done, shouldn't interrupt the one 
>> who
>> is
>>  > doing it."
>>  >
>>  >
>>  > Visit us on Facebook LinkedIn
>>  >
>>  >
>>  >
>>  > -----Original Message-----
>>  > From: nagdu-bounces at nfbnet.org<mailto:nagdu-bounces at nfbnet.org>
>> [mailto:nagdu-bounces at nfbnet.org] On Behalf
>>  > Of Buddy Brannan
>>  > Sent: Friday, December 25, 2009 3:32 PM
>>  > To: NAGDU Mailing List,the National Association of Guide Dog Users
>>  > Subject: Re: [nagdu] Fw: [buddy-l] A very bad legislative effort
>>  >
>>  > On Dec 25, 2009, at 2:48 PM, Albert J Rizzi wrote:
>>  >
>>  >> While we mull over what constitutes  a service animal, lets determine
>> to
>>  >> include companions for the emotional and mental health concerns,
>> diabetic
>>  >> and seizure issues and any multitude   of reasons a medically
>> prescribed
>>  >> animal would help one who needs one.
>>  >
>>  > Actually, let's not.
>>  >
>>  > The current definition for a service animal is, IMO, not too bad, i.e.
>> any
>>  > definition of service animal must of necessity include that the animal
>> must
>>  > be task trained, etc. etc. If we open up the definition further to
>> include
>>  > so-called "emotional support animals", well, it isn't much further to
>> go
>> to
>>  > allow pets of all kinds. Mind you, I don't have a problem with pets in
>>  > public places so long as they're well-behaved and under good control.
>> Sadly,
>>  > hoever, most are not, but I digress. For the brief time I was the
>> membership
>>  > coordinator for IAADP (last year, actually), you wouldn't believe the
>> number
>>  > of calls and Emails I had to field from people who would call asking
>> about
>>  > their rights as handlers of service dogs, but it turned out that these
>> dogs
>>  > had no formal task training. The dog "calmed me by its presence" or
>> other
>>  > such nonsense. Friends, that is what we in the biz call a "pet".
>>  >
>>  > Now a dog that alerts to seizures, diabetic highs or lows, perhaps
>> severe
>>  > allergens (yes, really, might be a stretch--I don't know), and so on, 
>> I
>>  > would think qualifies as a service dog, if, again, it had specific 
>> task
>>  > training to mitigate a disability. Say, a seizure alert dog that would
>> alert
>>  > its handler to an oncoming seizure, get him/her to a safe place before
>> the
>>  > onset of the seizure, then pressed a 911 call button. Or a dog that
>> provided
>>  > support to someone who had some balance or other issue. But comfort or
>>  > anchor to reality or what have you are not trained tasks.
>>  >>
>>  > --
>>  > Buddy Brannan, KB5ELV - Erie, PA
>>  > Phone: (814) 860-3194 or 888-75-BUDDY
>>  >
>>  >
>>  >
>>  >> Albert J. Rizzi, M.Ed.
>>  >> CEO/Founder
>>  >> My Blind Spot, Inc.
>>  >> 90 Broad Street - 18th Fl.
>>  >> New York, New York  10004
>>  >> www.myblindspot.org<http://www.myblindspot.org/>
>>  >> PH: 917-553-0347
>>  >> Fax: 212-858-5759
>>  >> "The person who says it cannot be done, shouldn't interrupt the one
>> who
>> is
>>  >> doing it."
>>  >>
>>  >>
>>  >> Visit us on Facebook LinkedIn
>>  >>
>>  >>
>>  >>
>>  >> -----Original Message-----
>>  >> From: nagdu-bounces at nfbnet.org<mailto:nagdu-bounces at nfbnet.org>
>> [mailto:nagdu-bounces at nfbnet.org] On Behalf
>>  >> Of Cindy Ray
>>  >> Sent: Friday, December 25, 2009 2:35 PM
>>  >> To: NAGDU Mailing List,the National Association of Guide Dog Users
>>  >> Subject: Re: [nagdu] Fw: [buddy-l] A very bad legislative effort
>>  >>
>>  >> The failure of a og to make it with a person has not much to do with
>> the
>>  >> trainer, certified or not. As for service dogs, just what *does*
>>  > constitute
>>  >> one really?
>>  >>
>>  >>
>>  >> ----- Original Message ----- 
>>  >> From: "Albert J Rizzi"
>> <albert at myblindspot.org<mailto:albert at myblindspot.org>>
>>  >> To: "'NAGDU Mailing List,the National Association of Guide Dog 
>> Users'"
>>  >> <nagdu at nfbnet.org<mailto:nagdu at nfbnet.org>>
>>  >> Sent: Friday, December 25, 2009 1:37 PM
>>  >> Subject: Re: [nagdu] Fw: [buddy-l] A very bad legislative effort
>>  >>
>>  >>
>>  >> I would think then we need to qualify and quantify the verbiage 
>> which
>> is
>>  >> being considered for amendment because all to often trainers of 
>> guides
>> are
>>  >> being denied access.  What would be a suitable wording which would 1.
>>  >> protect and ensure that trainers of service animals are included in
>> the
>>  >> a.d.a., which as you  yourself presented, can be interpreted to
>> prevent
>>  > such
>>  >> access unless and until the service animal is being used by a person
>> using
>>  >> the same for the intended purpose?  And what of our peers who use
>>  > companions
>>  >> for a diagnosable  condition where a companion animal/service animal
>> is
>>  >> needed? The manner of the wording at present does not seem to afford
>> them
>>  >> the same protections, or do they?  I think that trainers should be
>> held
>> to
>>  > a
>>  >> higher measure so people like many of those on this list who got bum
>> dogs
>>  > do
>>  >> not live through that pain again.  there is something to say for the
>>  >> consideration of certification  provided that a standard  of national
>>  >> proportions  could be meaningful.
>>  >>
>>  >> Albert J. Rizzi, M.Ed.
>>  >> CEO/Founder
>>  >> My Blind Spot, Inc.
>>  >> 90 Broad Street - 18th Fl.
>>  >> New York, New York  10004
>>  >> www.myblindspot.org<http://www.myblindspot.org/>
>>  >> PH: 917-553-0347
>>  >> Fax: 212-858-5759
>>  >> "The person who says it cannot be done, shouldn't interrupt the one
>> who
>> is
>>  >> doing it."
>>  >>
>>  >>
>>  >> Visit us on Facebook LinkedIn
>>  >>
>>  >>
>>  >>
>>  >> -----Original Message-----
>>  >> From: nagdu-bounces at nfbnet.org<mailto:nagdu-bounces at nfbnet.org>
>> [mailto:nagdu-bounces at nfbnet.org] On Behalf
>>  >> Of Steve Johnson
>>  >> Sent: Friday, December 25, 2009 2:14 PM
>>  >> To: NAGDU Mailing List,the National Association of Guide Dog Users
>>  >> Subject: Re: [nagdu] Fw: [buddy-l] A very bad legislative effort
>>  >>
>>  >> Hi Cindy,
>>  >>
>>  >> PWD = People or Persons with disabilities.
>>  >>
>>  >> I think that the points being made are very strong, and the
>> certification
>>  >> issue does not broaden as Albert eluded to, but does indeed restrict
>> the
>>  >> definition of who who could eventually access a place of public
>>  >> accommodation.
>>  >>
>>  >> So, if only a certified trainer, which the points are well-expressed
>> on
>>  >> this, is allowed to access a place of public accommodation, then
>> would'nt
>>  >> this essentially mean that unless an animal trained by a certified
>> entity
>>  >> could only then access a place of public accommodation?
>>  >>
>>  >> There are a lot of frauds out there, and again we are speaking about
>>  > places
>>  >> of public accommodation.  The fair housing amendments act already
>> provides
>>  >> for any person to have an emotional support, or even companion 
>> animals
>> in
>>  >> Federal assisted housing, and this can also move into private housing
>>  > where
>>  >> emotional support animals can be granted access through a request for
>>  >> reasonable accommodation.  The underlying problem is that these are
>> not
>>  >> highly trained animals that are specifically trained to provide a
>>  > functional
>>  >> support/service for the individual whether it be through a
>> professional
>>  >> entity or an individual who chooses to self-train.
>>  >>
>>  >> I have to disagree with Albert in that his comment that this would
>> expand
>>  >> the coverage of access as it clearly discriminates against those who
>>  >> self-train and again, I will point out that this language is
>> specifically
>>  >> stated in the ADA.
>>  >>
>>  >> Furthermore, if the word certification were deleted from this, then 
>> we
>> are
>>  >> where we are at now, and is this a bad thing?
>>  >>
>>  >> While this proposed legislation specifically addresses service
>> animals,
>>  > the
>>  >> problem herein is that it creates this slippery slope that I mention
>> in
>>  > that
>>  >> there will be a push like you have never seen by other groups to
>> expand
>>  > and
>>  >> include emotional support, therapy, and companion animals.  Mark my
>> word.
>>  >>
>>  >> Let's go back to the intent of the ADA, and you will further
>> understand
>>  > that
>>  >> this narrows, not expands as these other types of animals are not
>>  > providing
>>  >> a service.  A support yes, a service no.
>>  >>
>>  >> Steve
>>  >>
>>  >> ----- Original Message ----- 
>>  >> From: "Cindy Ray" <cindyray at qwest.net<mailto:cindyray at qwest.net>>
>>  >> To: "NAGDU Mailing List,the National Association of Guide Dog Users"
>>  >> <nagdu at nfbnet.org<mailto:nagdu at nfbnet.org>>
>>  >> Sent: Friday, December 25, 2009 12:20 PM
>>  >> Subject: Re: [nagdu] Fw: [buddy-l] A very bad legislative effort
>>  >>
>>  >>
>>  >>> What is PWD?
>>  >>>
>>  >>> And you make a good point. Who certifies? If the schools where the
>> people
>>  >>> train certify them, then what about these independents, particularly
>>  > those
>>  >>> who train their own dogs. And, of course, NAC was a certification
>> outfit
>>  >>> that certified places, but any of us who knows the history of NAC
>> knows
>>  >>> what
>>  >>> certification meant for agencies and schools serving the bolind. So
>> why
>>  >>> bother if you can't certify better than that? Suppose the Guide Dog
>>  > School
>>  >>> Association, whose official name I don't remember, certified
>> trainers?
>>  >>> Would
>>  >>> they be willing to certify an independent, and would such a person 
>> be
>>  >>> willing to do that (be certified by such a certifying body?)
>>  >>>
>>  >>> CL
>>  >>>
>>  >>> ----- Original Message ----- 
>>  >>> From: "The Pawpower Pack"
>> <pawpower4me at gmail.com<mailto:pawpower4me at gmail.com>>
>>  >>> To: "NAGDU Mailing List,the National Association of Guide Dog Users"
>>  >>> <nagdu at nfbnet.org<mailto:nagdu at nfbnet.org>>
>>  >>> Sent: Friday, December 25, 2009 12:15 PM
>>  >>> Subject: Re: [nagdu] Fw: [buddy-l] A very bad legislative effort
>>  >>>
>>  >>>
>>  >>> and who certifies the trainers?
>>  >>>
>>  >>> There is no certifying body for dog trainers.  If I want to call
>>  >>> myself a dog trainer, I can.  There are outfits like CPDT who are
>>  >>> trying to certify pet dog trainers but it's all voluntary.  The 
>> guide
>>  >>> and service dogs, with the exception of California, may "certify"
>>  >>> their trainers but it's about as valuable as the paper it's printed
>> on.
>>  >>>
>>  >>> California "certifies" it's trainers but frankly, I would hate to 
>> see
>>  >>> an outfit like the California guide dog board become the norm.
>>  >>>
>>  >>> I also think it's a step awy from certifying trainers to certifying
>> PWD.
>>  >>>
>>  >>>
>>  >>> Rox and the Kitchen Bitches
>>  >>> Bristol (retired), Mill'E SD. and Laveau Guide Dog, CGC.
>>  >>> "Struggle is a never ending process. Freedom is never really won, 
>> you
>>  >>> earn it and win it in every generation."
>>  >>> -- Coretta Scott King
>>  >>> pawpower4me at gmail.com<mailto:pawpower4me at gmail.com>
>>  >>>
>>  >>> Windows Live Only:
>> Brisomania at hotmail.com<mailto:Brisomania at hotmail.com>
>>  >>> AIM: Brissysgirl Yahoo: lillebriss
>>  >>>
>>  >>> _______________________________________________
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