[nagdu] Indiana service dog law, help requested

Tue Feb 10 19:32:10 UTC 2009

Dear All,
    I also want to say that, though I have not read the bill, I understand 
there are other provisions at which we need to take a look. For instance, if 
the bill requires documentation, extends equal access rights to animals in 
training, etc. we need to be careful about how broad these rights extend and 
to whom. Once I have had the chance to review this bill and the NAGDU Board 
has had the opportunity to discuss it, we will send our comments to the 
list. In the meantime, please feel free to take a look for yourselves and 
let us know how you feel about it.

Fraternally,
Marion


----- Original Message ----- 
From: "Garry and Joy Relton" <relton30857 at cox.net>
To: "'NAGDU Mailing List, the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Tuesday, February 10, 2009 10:04 AM
Subject: Re: [nagdu] Indiana service dog law, help requested


>I do not agree that the schools only provide service to the children. The
> schools provide an education to our children which is a service, (for 
> which
> we pay) to parents and other members of the public. In addition, the 
> schools
> almost certainly provide meeting space for various clubs and 
> organizations.
> In addition, they receive federal funds and are therefore required to
> provide access to programs including the parental participation in the
> education process. The ADA, I am fairly certain also applies.
>
> -----Original Message-----
> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
> Of Jenine Stanley
> Sent: Sunday, February 08, 2009 11:07 AM
> To: 'NAGDU Mailing List,the National Association of Guide Dog Users'
> Subject: [nagdu] Indiana service dog law, help requested
>
>
> The following note comes from Kacie Weldy, a GDF grad who is needing to 
> get
> the word out about this pending legislation. Please read and pass along to
> appropriate parties.
>
> Kacie writes:
>
> This bill is the direct result of several recent occurances, where a 
> single
> mother was not allowed access to a school board meeting in the carmel Clay
> school system.  She had come to the school board meeting to protest the
> removal of two service dogs that were for attending students.  When 
> refused
> access to the meeting, she displayed her id, the dog was wearing his
> identification jacket, and even though she and another person was there 
> read
> and presented copies of the ADA, she was still denied access.
>
> After the police were called to the scene, she was finally admitted to the
> back of the room, after the sign-up sheet had been passed around for those
> wishing to make public comments.  She was unable to hear or understand 
> what
> was being said or who was speaking at any given time.
>
> A federal lawsuit has been filed for this violation, and would be filed
> under state legislation, however, since Indiana law currently defines that
> service animals are to be allowed in places that provide services to the
> public, the school does not fall into this category, as it only offers
> services to a limited portion of the public.  Thus the current language of
> the law, under state regulations allow schools to exclude service animals
> from schools.
>
> A second situation involves a lady in Ft. Wayne, IN, who works for Do It
> Best hardware store headquarters there in Ft. Wayne.  She contacted her
> Human resources dept., notifying them that she would be applying for a 
> guide
> dog.  When she received acceptance to the school, she notified the HR dept
> again, and they told her congratulations.  Then when she requested the
> vacation time off, a full four weeks, they approved the time off and again
> showed thier support for her.  However, when she returned home and showed 
> up
> for work on the first day after receiving her dog, the VP of human 
> resources
> stood in the doorway of the building and refused to allow her access to 
> her
> employment.  They told her that she could not enter the building 
> whatsoever
> with the dog.
>
> Do It Best has since set her up against her suggestions, set up a full
> office within her home, installing phone lines, purchasing a new computer,
> and installing a T link in order to provide "reasonable accomodations". 
> This
> lady has been "provided: these things to accomodate her, but she is not
> allowed to step foot on the building premises of her employer with her 
> dog.
> She has even been notified that she is not allowed to bring the dog to
> company sponsored picnics and functions that are for the employees.
>
> Do It Best hardware stores themselves are all completely assistance dog
> friendly.  The company however, has used the loophole within the state
> statute, that because the Headquarters office does not serve the general
> public, that they are exempt from the state regulation of having to 
> provide
> their employee access to their facilities.  They have under the ADA 
> though,
> provided "reasonable accomodations".
>
> This situation very much concerns me as a guide dog handler, as this 
> statute
> currently is not up to the level of the federal law.  The way the IN 
> statute
> reads right now, the schools can deny me access to my children's schools 
> on
> the basis of my guide dog, should they want to, and unless I have the
> financial ability to fight this on a federal level, I have no choice but 
> to
> back down on this.  And that REALLY bothers me as a mother of three young
> kids either in or soon to be in elementary school.
>
> So what you can do...
>
> This piece of legislation that is being proposed can be read and followed
> here:
>
> <http://www.in.gov/apps/lsa/session/bill>
> http://www.in.gov/apps/lsa/session/bill
> <http://www.in.gov/apps/lsa/session/billwatch/billinfo?year=2009&session=1&r
> equest=getBill&docno=1603#latest_info>
> watch/billinfo?year=2009&session=1&request=getBill&docno=1603#latest_info
>
> The following committee is the one that will be hearing this bill and I
> sincerely and strongly urge you to contact especially the Chair of this
> committee and House speaker Pat Bauer, as well as the rest of this
> committee, voicing how important this bill is.  The more people that are 
> the
> actual consituants of these committee members, the more it will help.  So 
> if
> you know anyone that is within these districts, please, please have them
> contact these committee members below at the link I've provided to contact
> these gentlemen.
>
> Labor and Employment Committee
> Rep. David Niezgodski, Chair: South Bend District 7
> Rep. Chuck Moseley,Vice Chair:Portage District 10 Rep. Dan Leonard, RMM:
> District 50 Rep. Doug Gutwein: District 16 Rep. John Bartlett: 
> Indianapolis
> District 95 Rep. Matt Bell: District 83 Rep. Clyde Kersey: Terre Haute
> District 43 Rep. Gerald Torr: District 39 Rep. Dennie Oxley: Taswell
> District 73 Rep. Greg Steuerwald: District 40 Rep. Russ Stilwell: 
> Boonville
> District 74 Rep. Dennis Tyler: Muncie  District 34
>
> How to contact committee members:
> http://www.in.gov/cgibin/legislative/contact/contact.pl
> <http://www.in.gov/cgibin/legislative/contact/contact.pl>
>
> Contacting House speaker-Pat Bauer:
> <http://www.in.gov/surveytool/public/sur>
> http://www.in.gov/surveytool/public/sur
> <http://www.in.gov/surveytool/public/survey.php?name=bauer_comments_form_1>
> vey.php?name=bauer_comments_form_1
>
> Currently, the bill is waiting to go to hearing.  As of this morning, the
> bill was not very high on the priority list because of it being a budget
> year and we were being told that it wasn't going to make it to a hearing 
> and
> thus die for this session.  We just received word tonight though, that 
> Rep.
> Leonard has received word from Chairman Niezgodski that he would hear the
> bill in the House Committee on Labor and Employment.  The bill will mostly
> get a hearing this coming week however the date for that hearing has not
> been set. Tentatively the date is February 12th. We will not know the 
> exact
> date until the day before.
>
> So please, please send in your emails, make the phone calls, and please 
> help
> me gather the support we need to get this passed!
>
> Thank you all soooo much for your help on this!
> Sincerely,
>
>
>
> Kacie Weldy & Rei
> Vice President ~ Indiana Deaf Blind Association
> <http://groups.yahoo.com/group/indba/>
>
> Read here about my journey with my guide dogs and life:
> http://hearnoevil-seenoevil.blogspot.com
> <http://hearnoevil-seenoevil.blogspot.com/>
>
> Jenine Stanley
> jeninems at wowway.com
>
>
> _______________________________________________
> 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/relton30857%40cox.net
>
>
> _______________________________________________
> 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