[nagdu] Fake service dogs news story

Marion & Martin swampfox1833 at verizon.net
Sat Nov 28 01:42:25 UTC 2009


Steve,
    Your message is an excellent post that I hope everyone on this list will 
read and take to heart! As I have stated several times, my adage is "Educate 
before you litigate!" Another astute statement you make is that litigation 
always involves education!
    In Tampa, Florida, we attempted to educate the taxicab companies about 
their responsibilities under the ADA and state statutes. We brought several 
cabbies to task in the courts and prevailed, but the change was slow in 
coming. It wasn't until the taxicab company's owners found themselves facing 
litigation themselves that changes began to happen! Since then, to the best 
of my knowledge, there has not been a denial of a service animal user to a 
taxicab in Tampa!
    I would like to know which state you are in. It sounds like your 
affiliate NAGDU division is very active and I would like to learn more about 
your efforts and your leadership! Please write to me off-list to

President at NFB-NAGDU.ORG

Fraternally yours,
Marion Gwizdala



----- Original Message ----- 
From: "Steve Johnson" <stevencjohnson at centurytel.net>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Friday, November 27, 2009 12:26 PM
Subject: Re: [nagdu] Fake service dogs news story


>A rather interesting conversation that I am going to chime in on as well,
> and of course it is only my opinion.
>
> I truly believe that what Julie is stating is right on the mark here as
> education can, does and will only go so far and this is where litigation
> comes in.  Even after almost 20 years post signing of the ADA, the
> educational approach is as only good as those who know not only their
> rights, but responsibilities.  I have a very extensive background in civil
> rights education, and their are a multitude of avenues for persons to 
> access
> to learn about their rights and responsibilities.  Many times as we know, 
> it
> is after the alleged discrimination occurs, that true education takes 
> place. I can tell you one that
> probably hits it right on the head and that is once a complaint is filed 
> and
> it goes to that level of litigation, attitudes do tend to change. I 
> honestly
> believe that most of us do sincerely try to resolve the situation at the
> lowest level possible, but there are many reasons for which this is not
> always
> successful.  Again, take Marty's situation as a prime example, and the
> greater question then is, what is the next step?  I like to refer to this 
> as litigation, not mitigation.
>
> You may not believe this, but during the almost 20 years of using a guide, 
> I
> have faced between 25 and 30 incidents of alleged discrimination from
> restaurants, to laundromats, to hotels and you name it.  This is where the
> education comes in, but you can only educate one so much until the actual
> understanding occurs.  Basically, it has gotten to the point to where I 
> have
> now seriously taken a very close look at each situations that occur, and 
> whether
> it is myself or another peer using a service animal, trying to gain access
> to a place that is physically inaccessible, programatically inaccessible,
> or whatever, education is not always the best option.  I can't tell you 
> how many times I
> have gone to a place of public accommodation that I readily recognize that
> the threshhold is beyond the .5 inch maximum, where the force to open a 
> door
> is greater than 5 pounds of pressure, the levers on the restroom stalls 
> are
> not accessible, elevators do not have Braille or raised numbers...I can go 
> on and on, and this is the educational undertaking
> that we have been involved with since...the disability civil rights 
> movement
> began in the early 60's or even slightly before?  Yep, education is good 
> to
> a point, but there comes a time and place to where that is no longer
> acceptable.
>
> The NFB constantly educates, but when that access continues to present 
> itself as a
> barrier to where it is apparent no resolution is in sight, it is then time
> to take it to the next level.
>
> My most recent situation of access denial occurred in 2006, and there has
> not been any since, but I can assure you 100% that I know this access 
> denial will again occur.
> I have no doubt.  After the many years of educating, it was time to set an
> example as this was the worst situation I had ever faced.  I went into a
> chain ice cream store, and knowing that I had met the conditions of 
> holding
> up my end of accessing this place of public accommodation by having my 
> guide
> very presentable, very much under control, and even one step further, 
> readily
> identifiable by wearing the issued gear from the agency in which he
> graduated, it was a no brainer, right?  Nope, it was not as I was 
> confronted by 3 individuals
> working behind the counter all stating and backing each other up that I 
> could not bring "that dog in
> here".  Even after explaing what the dog is trained to do, and presenting 
> my
> school-issued I.D. card, they said the only way they would serve me is if 
> I
> went through the drive in.  That's when I said, I would not be treated 
> like
> that and said we needed to call the police.  They said that this was not
> necessary and that they could serve me.  The story continues to where I
> walked out, went to the police station and filed a complaint, while other
> customers left the restaurant in disgust as this was unfolding.  My story
> never waivered as I filed a formal complaint with our State's Equal Rights
> Division, and took "it to the next level".  I had made sure that the paper
> trail was solid as I not only had contacted the International/Corporate
> Headquarters, but the owner who ademently denied that "their employees 
> would
> do this" and that my guide was not wearing a harness.  As you would 
> suspect,
> this was just fuel for the fire as I came at them from every end 
> imaginable
> from restaurant code exemptions with our State's Health Code, public 
> access
> laws for our State, the ADA and the definition surrounding service animals
> in places of public accommodation and took it "to the next level".  I did
> prevail, and I can assure you that education did occur, but not in the way
> that you may be referring to.  When these stories break in the news, it
> makes one think twice.  However, we need to remember that this happens on
> the 180 degree flipside as well, and this makes our efforts that much more
> difficult when it is something not in our favor.  Like the old adage says, 
> for every 9 good things that happen, one bad
> thing can erase that immediately as the focus is now on that for a long
> time.
>
> I can tell you that we here in our State and our NAGDU affiliate are 
> working
> on something that is ground-breaking for this next year.  Wait to hear in
> future correspondences as this exciting endeavor starts to unfold as we 
> hope to create a template that all NAGDU affiliates can use and expand on.
>
> Again, this is just my opinion based on many years of dealing with this 
> type of mind set.
>
> Thanks for listening,
>
> Steve
>
> ----- Original Message ----- 
> From: "Julie J" <julielj at windstream.net>
> To: "NAGDU Mailing List,the National Association of Guide Dog Users"
> <nagdu at nfbnet.org>
> Sent: Friday, November 27, 2009 9:27 AM
> Subject: Re: [nagdu] Fake service dogs news story
>
>
>> Albert,
>>
>> I wish it were that simple.
>>
>> No, I wasn't talking about taking other blind people to court.  I was
>> talking about law enforcement, businesses, people committing fraud by
>> passing pets as service animals  and the like.   I know very well how 
>> much
>> both litigation and education cost in both time and money.
>>
>> Education is a great thing.  I am totally in favor of educating when it 
>> is
>> appropriate.  It would be great if all disabled people knew what their
>> rights are and were able to advocate for themselves.  that is
>> unfortunately
>> not the case.  I think most disabled people have a general idea about
>> their
>> rights, especially if they have been disabled for a while.  However being
>> able to advocate for oneself is a much more complicated matter.  I think
>> that is a much more difficult skill.
>>
>> the individual has to be first very well versed in the applicable laws.
>> Second they have to be able to communicate that information in a calm and
>> clear manner.  third the person they are speaking to has to be responsive
>> to
>> listening to a disabled person.  Unfortunately all to often blind or
>> otherwise disabled people are not viewed as knowledgeable respected
>> members
>> of the community.
>>
>> Take Mardi's bus problems as an example.  she has been dealing with that
>> for
>> quite a long time, years.  she has talked to the bus drivers.  she has
>> talked to the other passengers.  she has talked to the bus 
>> administration.
>> she has filed complaints.  she has done everything in her power to
>> educate.
>> Unfortunately none of those attempts to educate have had much effect.
>> Mardi
>> is very knowledgeable about her rights.  she is well spoken and clear in
>> her
>> communication.  So why does the bus company not listen to her?  I think
>> the
>> answer is two fold.  first she is blind and uses a wheelchair.  In our
>> society she is not viewed as an equal member of the community to be
>> respected like other citizens.   Not right and not fair, but I believe
>> true.
>> Second the bus company doesn't want to be educated.  They have had ample
>> opportunities to learn about service dogs, but refuse to make any 
>> changes.
>> This is the category I call "willfully stupid".
>>
>> I think education is great when it is working, when people are open to
>> learning and applying the new information.  I also believe that there is 
>> a
>> time for setting educational opportunities aside and making people comply
>> with the law through all available means.
>>
>> JMO
>> Julie
>>
>> ----- 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: Friday, November 27, 2009 8:09 AM
>> Subject: Re: [nagdu] Fake service dogs news story
>>
>>
>>> Hmmmmm... litigation you say? Are you going to take your blind peers to
>>> court for not knowing the laws? How would that work for the common good?
>>> I
>>> see it as simple economics 101. as has been stated here in this chat,
>>> some
>>> blind guide users are not aware of their rights, if we who are protected
>>> by
>>> the laws do not understand or use them how then can we presume to hold
>>> others accountable  to them when some of us do not exercise our rights
>>> and
>>> privileges? I see it as I mentioned above simple economics 101 supply 
>>> and
>>> demand. If we do not demand what ever it is, access, equality, or
>>> understanding then no one will supply it.  In order to have the
>>> legislative
>>> enactments serve the purposes for which they were intended, perhaps we
>>> should conduct seminars much like the one held the other night about
>>> hospitals and guide dogs or the ones at Hadley aimed at educating the
>>> masses
>>> to our rights as afforded by law. Trust me litigation can be costly and
>>> time
>>> consuming. But if each of us educates either the blind or the sighted on
>>> these matters you will be pleasantly surprised by how many doors will
>>> open.
>>>
>>> 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."
>>>
>>>
>>> -----Original Message-----
>>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On
>>> Behalf
>>> Of Julie J
>>> Sent: Friday, November 27, 2009 8:42 AM
>>> To: NAGDU Mailing List,the National Association of Guide Dog Users
>>> Subject: Re: [nagdu] Fake service dogs news story
>>>
>>> The thing about education is that you can't educate people against their
>>> will.
>>>
>>> If people choose to be willfully stupid there isn't a thing you can do.
>>> It's
>>>
>>> like that whole "you can lead a horse to water, but you can't make it
>>> drink"
>>>
>>> thing.
>>>
>>> I think there is a time and place for education.  I also believe that
>>> there
>>> is a time to set the educational opportunities aside and opt for
>>> litigation.
>>>
>>> JMO
>>> Julie
>>>
>>>
>>>
>>>
>>> ----- 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: Friday, November 27, 2009 7:09 AM
>>> Subject: Re: [nagdu] Fake service dogs news story
>>>
>>>
>>> Here here Michael. It is all about education. If we educate and inform,
>>> try
>>> to eradicate ignorance when and where it presents itself, then we will
>>> not
>>> have to fight for having our rights acknowledged I hope to be one of
>>> those
>>> educators in our movement toward affirmation, equality, and access..
>>>
>>> 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."
>>>
>>>
>>> -----Original Message-----
>>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On
>>> Behalf
>>> Of Michael Hingson
>>> Sent: Thursday, November 26, 2009 3:21 PM
>>> To: 'NAGDU Mailing List,the National Association of Guide Dog Users'
>>> Subject: Re: [nagdu] Fake service dogs news story
>>>
>>> Hi,
>>>
>>> Educating is what we are all about.  Most of us constantly strive to
>>> educate
>>> and inform.  The teleseminar we conducted concerning guide dogs in
>>> hospitals
>>> is just the most recent example of this.
>>>
>>> What is so disappointing is how many members of the law enforcement do
>>> not
>>> know the law even though it is usually covered to some extent during
>>> their
>>> trainings.  Guide dogs have been allowed into public facilities and
>>> places
>>> for many years.  I find it unconscionable that today so many either do
>>> not
>>> know or choose to ignore the law.
>>>
>>> Even so, we will continue to educate and inform.  We also will fight 
>>> when
>>> necessary.  We also will work to strengthen the law as we can.
>>>
>>> The Michael Hingson Group
>>> "Speaking with Vision"
>>> Michael Hingson, President
>>> (415) 827-4084
>>> info at michaelhingson.com
>>> www.michaelhingson.com
>>>
>>>
>>> for info on the new KNFB Reader Mobile, visit:
>>> http://knfbreader.michaelhingson.com
>>>
>>>
>>>
>>>
>>>
>>> -----Original Message-----
>>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On
>>> Behalf
>>> Of Albert J Rizzi
>>> Sent: Thursday, November 26, 2009 8:15 AM
>>> To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
>>> Subject: Re: [nagdu] Fake service dogs news story
>>>
>>> Well then perhaps it is time for us to inform and educate our community
>>> on
>>> their civil liberties and open the door of opportunity for the blind
>>> rather
>>> then beating a drum presuming discriminatory practices when many of the
>>> members of our community are not verse in the laws presently in place to
>>> ensure equality and access for any and all of us navigating life with a
>>> specific challenge or two.  Education for both the sighted and the blind
>>> needs to be the focus in all things if what you say is true. If there 
>>> are
>>> members of the community who do not know their rights, perhaps we could
>>> mobilize a social paradigm shift that educates all people on
>>> accessibility,
>>> technologies and the immense opportunities which come with the manner
>>> with
>>> which we see things as blind people.
>>>
>>> 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."
>>>
>>>
>>>
>>> -----Original Message-----
>>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On
>>> Behalf
>>> Of Julie J
>>> Sent: Thursday, November 26, 2009 9:11 AM
>>> To: NAGDU Mailing List,the National Association of Guide Dog Users
>>> Subject: Re: [nagdu] Fake service dogs news story
>>>
>>> Albert,
>>>
>>> I know of disabled folks who use service animals that are Yorkies or Pit
>>> Bulls.  They are not all that common, but if it works for that
>>> individual,
>>> why not?
>>>
>>> I don't understand why you think that people who want to commit fraud by
>>> passing their pet as a service animal don't know the laws.  There's 
>>> loads
>>> of
>>>
>>> disabled people using fully trained service animals that have no clue
>>> about
>>> their rights under the law.  Likewise there's fraudulent people who know
>>> the
>>>
>>> law quite well.
>>>
>>> How do you tell the "legitimate" service animals from the "fake" ones?
>>> Not all service animals do the same tasks.  Even within service animals
>>> of
>>> the same variety, guide dogs for example, there is still a lot of
>>> variables.
>>>
>>> Who trains the individuals who get to make the determination between the
>>> real ones and the fake ones?  How do you ensure personal privacy during
>>> this
>>>
>>> process?  How does this work when traveling between
>>> states/counties/cities?
>>> How does getting a certification/ID/tag ensure that the dog will behave
>>> appropriately the next week, the next year,  or in situations different
>>> from
>>>
>>> those in the test?  Who pays for all of this?  How will it not be a
>>> burden
>>> to those disabled people who do not attend a residential training
>>> program?
>>>
>>> I'm not opposed to the idea of verification of service animals  in some
>>> way,
>>>
>>> but I haven't yet come across answers to all the above questions that
>>> would
>>> allow me to feel comfortable supporting a certification process.
>>>
>>> I'd love to hear your thoughts.
>>> Julie
>>>
>>> ----- 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: Wednesday, November 25, 2009 7:35 PM
>>> Subject: Re: [nagdu] Fake service dogs news story
>>>
>>>
>>>>I suppose you can make an argument for any and all instances where you
>>>>think
>>>> your rights are being violated. But as I stated, it seems to me that
>>>> this
>>>> is
>>>> an attempt to control liars and those attempting to mislead.  As you
>>>> said
>>>> federal laws trump codes and such, and you as an informed and educated
>>>> individual verse in the laws, as are the police, or at least we should
>>>> hope,
>>>> I do draw attention to the learning experience at the ice cream parlor
>>>> we
>>>> all discussed, should hope and rest assured that we may not be denied
>>>> access
>>>> anywhere we travel.  Yet, someone who attempts to mislead will not know
>>>> the
>>>> law and should and must be held accountable to not having their pet
>>>> accompany them where our service animals do.  How would you suggest
>>>> combating the misleading individuals who try to pass of yorkies and or
>>>> pit
>>>> bulls as service animals? .
>>>>
>>>> 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."
>>>>
>>>>
>>>> -----Original Message-----
>>>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On
>>>> Behalf
>>>> Of Marion & Martin
>>>> Sent: Wednesday, November 25, 2009 7:33 PM
>>>> To: NAGDU Mailing List, the National Association of Guide Dog Users
>>>> Subject: Re: [nagdu] Fake service dogs news story
>>>>
>>>> Albert,
>>>>    The problem with the tag might be the challenges it would cause for
>>>> those of us from another jurisdiction who do not have such a tag. If I
>>>> travel to this area with my guide dog and am questioned about such a
>>>> tag,
>>>> would I be denied access because they are imposing more restrictions
>>>> upon
>>>> me
>>>>
>>>> than the law allows? The ADA protects me no matter where I travel in 
>>>> the
>>>> U.S. and its territories. If the ADA states there is no documentation
>>>> required for access and a local jurisdiction imposes a restriction upon
>>>> me,
>>>> this jurisdiction is in violation of my rights under Federal law. Even
>>>> if
>>>> the tag is an option, some public accommodations may see it as a
>>>> requirement; thus the local law/ordinance has the effect of creating
>>>> discrimination against me by confusing the public on this issue.
>>>>
>>>> Fraternally yours,
>>>> 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: Wednesday, November 25, 2009 12:58 PM
>>>> Subject: Re: [nagdu] Fake service dogs news story
>>>>
>>>>
>>>>> To tell you the truth I see the tag "option" more as a tool to protect
>>>>> our
>>>>> rights rather then one to be considered a problem. The code was most
>>>>> probably created and enforced due to individuals trying to get over on
>>>>> society in order to bring their pets wherever they please.  A service
>>>>> animal
>>>>> in and of itself and their abilities are evident when one sees a
>>>>> service
>>>>> animal in action. If however a tag helps protect us from charlatans 
>>>>> and
>>>>> does
>>>>> not complicate a true handlers life or access then what is the big
>>>>> deal?
>>>>>
>>>>> 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."
>>>>>
>>>>>
>>>>> -----Original Message-----
>>>>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On
>>>>> Behalf
>>>>> Of Linda Gwizdak
>>>>> Sent: Wednesday, November 25, 2009 12:34 PM
>>>>> To: NAGDU Mailing List,the National Association of Guide Dog Users
>>>>> Subject: Re: [nagdu] Fake service dogs news story
>>>>>
>>>>> Hi Ann,
>>>>> I was just as surprized to see in the story that the tags are
>>>>> mandatory -
>>>>> just like the law cited about busting people for fraudulent service
>>>>> animals.
>>>>>
>>>>> The thing about the tags is NEVER enforced.  I know many guide dog
>>>>> users
>>>>> who
>>>>>
>>>>> never got around to getting the tags when they started issuing them
>>>>> several
>>>>> years ago. I got one so if by chance Landon got loose and was wearing
>>>>> only
>>>>> his collar, his finder would know right away that he was a service
>>>>> dog -
>>>>> that's the only reason I got it.
>>>>>
>>>>> When I got the tag, the Animal Control folks NEVER said that these 
>>>>> tags
>>>>> were
>>>>>
>>>>> mandatory as the officer in the article said.  I could very easily 
>>>>> find
>>>>> out
>>>>> since I go to their campus to volunteer with the adjoining Humane
>>>>> Society
>>>>> twice a month!
>>>>>
>>>>> I think the article was addressing that there is a definate problem
>>>>> with
>>>>> these "fake" service animals in the San Diego area - and I assume in
>>>>> other
>>>>> locales as well.  When Channel 10 did the story, they NEVER approached
>>>>> the
>>>>> San Diego guide dog using residents.  All they needed to do is call up
>>>>> the
>>>>> Blind Community Center or the San Diego Center for the Blind to find
>>>>> us.
>>>>>
>>>>> So, yeah, the story was contradictory, I can try to contact the writer
>>>>> of
>>>>> the story and find out more.  I've just been quite busy with other
>>>>> pressing
>>>>> things.
>>>>>
>>>>> As to rabbits, I have never encountered one as a service animal and I
>>>>> don't
>>>>> think it would be a problem to me as some of these untrained,
>>>>> unsocialized
>>>>> dogs people bring out and claim they are their service dogs.
>>>>>
>>>>> What I think needs to be done is to bust the offenders who cause
>>>>> problems.
>>>>
>>>>> I
>>>>>
>>>>> have encountered some "emotional support" dogs on the bus who were 
>>>>> very
>>>>> well
>>>>>
>>>>> behaved and socialized.  the dogs were suited for the work. I even had
>>>>> one
>>>>> that lay under the seat on the bus with Landon and it was Landon who
>>>>> tried
>>>>> to misbehave! (grin!)  I told these people that I appreciated that 
>>>>> they
>>>>> had
>>>>> nice dogs and I have no problem with these.  It is unfortunate that
>>>>> some
>>>>> people spoil it all for the people who are responsible whether it is a
>>>>> pet
>>>>> or a service dog.
>>>>>
>>>>> If people in this country trained their dogs and were responsible
>>>>> owners,
>>>>> I
>>>>> think the bans on dogs would go away.  But, you know how it is - 
>>>>> people
>>>>> lump
>>>>>
>>>>> everyone into one group when it comes to dogs or other things.  I wish
>>>>> that
>>>>> the OFFENDERS would be punished and leave the good folks alone.
>>>>>
>>>>> Have a Happy Thanksgiving everyone!
>>>>>
>>>>> Linda and Landon
>>>>> ----- Original Message ----- 
>>>>> From: "Ann Edie" <annedie at nycap.rr.com>
>>>>> To: "NAGDU Mailing List,the National Association of Guide Dog Users"
>>>>> <nagdu at nfbnet.org>
>>>>> Sent: Tuesday, November 24, 2009 12:16 AM
>>>>> Subject: Re: [nagdu] Fake service dogs news story
>>>>>
>>>>>
>>>>>> Hi, Linda,
>>>>>>
>>>>>> The logic behind news stories such as this one never ceases to amaze
>>>>>> me!
>>>>>> Can someone please explain to me how banning rabbits as service
>>>>>> animals
>>>>>> is
>>>>>
>>>>>> going to have any effect on the number of pit bulls, Yorkies, and
>>>>>> Chihuahuas being fraudulently claimed as service animals?
>>>>>>
>>>>>> And, while you say that "service dog" tags are not required by
>>>>>> California
>>>>>> to gain public access with a service animal, the article clearly 
>>>>>> tells
>>>>>> the
>>>>>
>>>>>> public--and managers of places of public accommodation--the exact
>>>>>> opposite, "Lt. Dan DeSousa of the San Diego County Animal Shelter 
>>>>>> told
>>>>>> 10News that California requires all service dogs wear a special tag,
>>>>>> which
>>>>>
>>>>>> can be obtained at your local animal shelter by filling out a form."
>>>>>> Who
>>>>>> is John Q. Public going to believe, Linda G. who claims that she has
>>>>>> the
>>>>>> right under the ADA to take her "service dog" into any public place 
>>>>>> on
>>>>>> just her say-so that the dog performs tasks to mitigate her
>>>>>> disability,
>>>>>> or
>>>>>
>>>>>> Lt. Dan DeSousa, (who sounds like an *official* law enforcement
>>>>>> officer
>>>>>> to
>>>>>
>>>>>> me), and who clearly states that California requires that a dog be
>>>>>> wearing
>>>>>
>>>>>> "service dog" tags which can be obtained at your local animal shelter
>>>>>> in
>>>>>> order for the person to be granted public access?
>>>>>>
>>>>>> What good does it do to state on an e-mail list populated by guide 
>>>>>> dog
>>>>>> users who already presumably know their rights under the ADA, that
>>>>>> "Service dog" tags are not required for public access, while Lt. Dan
>>>>>> DeSousa is quoted in the public media stating the exact opposite?
>>>>>> Perhaps
>>>>>
>>>>>> you should try to interest the TV news organization in airing a 
>>>>>> debate
>>>>>> on
>>>>>> the subject of public access by persons with disabilities accompanied
>>>>>> by
>>>>>> service animals between Lt. Dan DeSousa and yourself or some other
>>>>>> representative of the disability community.  And perhaps they should
>>>>>> also
>>>>>> include a user of a service rabbit and a non-disabled person who has
>>>>>> fraudulently obtained a "service dog" tag for his/her pet pit bull in
>>>>>> the
>>>>>> debate as well.
>>>>>>
>>>>>> It is truly an Alice Through the Looking Glass World we live in!
>>>>>>
>>>>>> Best,
>>>>>> Ann
>>>>>>
>>>>>> ----- Original Message ----- 
>>>>>> From: "Linda Gwizdak" <linda.gwizdak at cox.net>
>>>>>> To: "NFBnet NAGDU Mailing List,the National Association of Guide Dog
>>>>>> Users" <nagdu at nfbnet.org>
>>>>>> Sent: Monday, November 23, 2009 10:23 PM
>>>>>> Subject: [nagdu] Fake service dogs news story
>>>>>>
>>>>>>
>>>>>>> Hi All,
>>>>>>> Here below is an article from a newsstory aired last night on San
>>>>>>> Diego's
>>>>>
>>>>>>> KGTV Channel 10.  It was a good piece and I wanted to share it with
>>>>>>> you.
>>>>>>>
>>>>>>> The service animal tags issued by SD Animal Control is NOT required
>>>>>>> to
>>>>>>> have our guide dogs admitted into public places.  Some of us have
>>>>>>> them
>>>>>>> and some don't. Under ADA these tags can't be the determining factor
>>>>>>> in
>>>>>>> order to admit a service dog - it just lets the public know that the
>>>>>>> dog
>>>>>>> has been registered with the County of San Diego as a service dog.
>>>>>>>
>>>>>>> We experience the problem of these dogs mentioned in the story all
>>>>>>> the
>>>>>>> time. One of my friends was getting off the bus when a "service dog"
>>>>>>> lunged and growled not only at her guide dog, but at several
>>>>>>> passengers!
>>>>>>> The bus driver did nothing about this.  He was probably afraid of
>>>>>>> being
>>>>>>> sued under ADA.
>>>>>>>
>>>>>>> I personally have encountered these nasty dogs on the bus and in
>>>>>>> public
>>>>>>> buildings.  It sure is scary when all of a sudden you hear this
>>>>>>> menacing
>>>>>>> dog near you!
>>>>>>>
>>>>>>> I hope the new ADA regs will help get rid of this problem.
>>>>>>>
>>>>>>> Linda and Landon
>>>>>>>
>>>>>>> Loopholes Allow Pets to Be Taken Anywhere
>>>>>>> SAN DIEGO -- We all love our pets but some people are willing to
>>>>>>> break
>>>>>>> the law so they can take their dogs with them everywhere they go.
>>>>>>> 10News
>>>>>>> reporter Rachel Bianco investigated San Diego's canine companion
>>>>>>> controversy and how it threatens the rights of people who are truly
>>>>>>> disabled.
>>>>>>>
>>>>>>> Sady the miniature daschund doesn't look like your typical service
>>>>>>> dog
>>>>>>> nor -- with her jumping and barking -- does she act like one, but
>>>>>>> when
>>>>>>> she wore a service dog vest and badge she had no trouble getting 
>>>>>>> into
>>>>>>> North County restaurants.
>>>>>>>
>>>>>>> Tami Michaels has a legitimate disability and a legitimate service
>>>>>>> dog.
>>>>>>> She said that when Fido is a fake it poses a real problem.
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> "A lot of them don't have the right temperament to be out in 
>>>>>>> public,"
>>>>>>> Michaels said. "So, when I go in with my dog to a grocery store or a
>>>>>>> restaurant, often times these kinds of dogs will lunge and growl and
>>>>>>> snap
>>>>>
>>>>>>> at my dog."
>>>>>>>
>>>>>>> But snapping dogs aren't the only problem. "I've seen a lot more
>>>>>>> suspicion from people where they automatically assume you are trying
>>>>>>> to
>>>>>>> pull something over on them," Michaels added.
>>>>>>>
>>>>>>> Lt. Dan DeSousa of the San Diego County Animal Shelter told 10News
>>>>>>> that
>>>>>>> California requires all service dogs wear a special tag, which can 
>>>>>>> be
>>>>>>> obtained at your local animal shelter by filling out a form. The 
>>>>>>> only
>>>>>>> problem, DeSousa said, is that there is no way to follow up on the
>>>>>>> answers.
>>>>>>>
>>>>>>> DeSousa said that when someone applies for a service dog tag the 
>>>>>>> only
>>>>>>> question they have to answer is if the animal is trained to perform 
>>>>>>> a
>>>>>>> task for the person. There is no way to verify that what they're
>>>>>>> saying
>>>>>>> is true.
>>>>>>>
>>>>>>> "Doctors notes and disablities, that's off limits to us," DeSousa
>>>>>>> said,
>>>>>>> "we can't ask about that, so we have to take people at their word."
>>>>>>>
>>>>>>> So far this year, the county has issued the most service dog tags --
>>>>>>> 43 --  to labradors. Chihuahuas came in second with 37 tags, beating
>>>>>>> golden retrievers which had 25.
>>>>>>>
>>>>>>> Also curiously high on the list: yorkshire terriers, pit bulls, and
>>>>>>> pugs.
>>>>>>>
>>>>>>> "There are people who want this tag just so they can take their dog
>>>>>>> wherever they want to, so they can take it into the stores,
>>>>>>> restaurants
>>>>>>> and things like that," said DeSousa.
>>>>>>>
>>>>>>> "A lot of people really just don't see anyting wrong with it I
>>>>>>> guess,"
>>>>>>> Michaels said. "They just really don't understand how much it hurts
>>>>>>> legitimate service dog teams."
>>>>>>>
>>>>>>> Having a fake service animal is a misdemeanor fraud punishable by 
>>>>>>> six
>>>>>>> months in jail or a $1,000 fine but the San Diego Sheriff's
>>>>>>> Department
>>>>>>> told 10News that it has never been enforced.
>>>>>>>
>>>>>>> Right now it is simply too hard to tell whether the canine is a con.
>>>>>>>
>>>>>>> The U.S. Justice Department is currently looking to tighten the 
>>>>>>> rules
>>>>>>> for
>>>>>
>>>>>>> service animals. The new guidelines under review would exclude
>>>>>>> reptiles,
>>>>>>> amphibians, rodents, farm animals, ferrets and rabbits. A final
>>>>>>> decision
>>>>>>> is expected by the end of the year.
>>>>>>> Copyright 2009 by 10News.com. All rights reserved. This material may
>>>>>>> not
>>>>>>> be published, broadcast, rewritten or redistributed
>>>>>>> _______________________________________________
>>>>>>> nagdu mailing list
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>>>>>>> To unsubscribe, change your list options or get your account info 
>>>>>>> for
>>>>>>> nagdu:
>>>>>>>
>>>>>
>>>>
>>> http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/annedie%40nycap.rr.co
>>>>> m
>>>>>>>
>>>>>>
>>>>>>
>>>>>> _______________________________________________
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>>>>>> nagdu:
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>>>>>
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>>> http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/linda.gwizdak%40cox.n
>>>>> et
>>>>>
>>>>>
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