[nagdu] The Requirement of a Harness

Marion & Martin swampfox1833 at verizon.net
Tue Oct 27 19:29:49 UTC 2009


Albert,
    Even though the schools provide identification cards, they cannot be 
used as a prerequisite for access. The Department of Justice has 
categorically stated so! There are several NAGDU members who have trained 
their own dogs and they have the same rights, privileges, and 
responsibilities as those with program-trained dogs. The DOJ guidance is 
attached to this message.

Fraternally yours,
Marion Gwizdala



----- 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: Tuesday, October 27, 2009 2:51 PM
Subject: Re: [nagdu] The Requirement of a Harness


> In the event one chooses  to travel without the harness would most 
> certainly
> require that the handler produce documentation, usually and id card
> affirming the purpose and need for the service dog. The gdf provides id
> cards to all of their graduates.
>
> Albert J. Rizzi
> 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 sam
> Sent: Tuesday, October 27, 2009 2:15 PM
> To: NAGDU Mailing List,the National Association of Guide Dog Users;
> nagdu at nfbnet.org
> Subject: Re: [nagdu] The Requirement of a Harness
>
> I too would like to know this.  Just taking someone at there word
> is not sufficient.  There are plenty of people who are trying to
> pass there pets off as service animals.
>
> Regards,
>
> Sam
>
>
>> ----- Original Message -----
>>From: "Beverly Hunter" <bhunter at nfbga.org
>>To: "NAGDU Mailing List,the National Association of Guide Dog
> Users" <nagdu at nfbnet.org
>>Date sent: Tue, 27 Oct 2009 12:29:17 -0400
>>Subject: Re: [nagdu] The Requirement of a Harness
>
>>If you go inside a store with your dog out of harnass but there
> is a sign
>>that states no dogs allowed, how do you differentiate between a
> guide dog
>>and a pet if there is no harnass?
>
>>Beverly Hunter, Outreach Manager
>>Georgia NFB-NEWSLINE(R)
>>The Georgia Audible Universal Access Service
>
>>National Federation of the Blind of  Georgia
>>"Everyday People, Living Life Everyday"
>
>>315 West Ponce de Leon Avenue
>>Suite 1020
>>Decatur, Georgia 30030
>
>>(404) 371-1000 ext.  23 (Voice)
>>(404) 432-5929 (cell)
>>(404) 371-1002 (Fax)
>>(866) 316-3242 (Toll Free)
>>bhunter at nfbga.org
>
>
>>Have you invested in braille literacy?  Go to www.braille.org and
> buy
>>a Louis Braille Commemorative coin today.
>
>>----- 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: Saturday, August 29, 2009 3:22 PM
>>Subject: Re: [nagdu] The Requirement of a Harness
>
>
>>> Cindy,
>>>    The Americans with Disabilities Act provides that any
> disabled person
>>> has the right to be accompanied by a service animal in any place
> the
>>> public is invited.  A service animal is defined as any animal
> "individually
>>> trained to perform tasks for people with disabilities".  The DOJ
>>> specifically states that no documentation or special
> identification can be
>>> required of a person accompanied by a service animal.  The
> harness does not
>>> make the animal a service animal, its training does.
> Individuals who are
>>> deaf who use a service animal to signal sounds or a person who
> uses a
>>> wheelchair and a service animal to retrieve dropped items do not
> employ
>>> harnesses.  Furthermore, the DOJ provides that the only reason
> to exclude a
>>> service animal is if doing so would cause a direct threat to the
> health or
>>> safety of others that cannot be mitigated by a modification of
> policies,
>>> practices, and procedures, or if the animal is out of control
> and the
>>> handler does not take effective action to control the animal.
>>>    Though there are some state laws that require special
> identification or
>>> that the animal is in harness, such local statutes are
> unenforceable under
>>> the Principle of Supremacy, as no level of government may make a
> law that
>>> is more restrictive than that of any level above it.  I
> regularly take my
>>> dog on walks with me out of harness using my white cane and, if
> I am out
>>> and wish to stop into a store, restaurant, or bar, I have the
> right to
>>> take my service dog into these places with me.  I also have the
> right to
>>> remove my dog's harness while traveling on a bus, airplane, or
> in a
>>> taxicab if this is what I choose to do, provided my dog remains
> under
>>> control and does not pose a direct threat to the health or
> safety of
>>> others.  HTH!
>
>>> Fraternally yours,
>>> Marion Gwizdala
>
>
>
>
>
>>> ----- Original Message -----
>>> From: "Cindy Ray" <cindyray at qwest.net
>>> To: "NAGDU Mailing List, the National Association of Guide Dog
> Users"
>>> <nagdu at nfbnet.org
>>> Sent: Saturday, August 29, 2009 8:29 AM
>>> Subject: Re: [nagdu] The Requirement of a Harness
>
>
>>>>I don't see how the harness cannot be required.  If what you are
> saying is
>>>> true, then anybody can march into anywhere without a harness.
> You could
>>>> have
>>>> a well behaved dog, or an under achieer for a service dog, and
> who would
>>>> know the difference? I don't mean to be argumentative because
> you may
>>>> well
>>>> know more about this than do I, but that seems like it wouldn't
> make
>>>> sense.
>>>> No school ever told me that I had to have a harness on either;
> and TSE
>>>> encourages taking the thing off when you are on the plane,
> especially
>>>> with
>>>> young dogs.  I leave mine on because it seems so cramped to get
> it back
>>>> on,
>>>> specially when the flights I have are so close together.
>
>>>> Cindy Lou
>
>
>>>> ----- 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: Saturday, August 29, 2009 7:09 AM
>>>> Subject: [nagdu] The Requirement of a Harness
>
>
>>>> Angie,
>>>>    Do you know which airlines have such a policy? Although an
> airline may
>>>> make such a policy, there is no such requirement in law.  If I
> chose to
>>>> travel with my dog out of harness using my white cane, the
> airline could
>>>> not
>>>> deny me access.  The harness does not make a service dog; its
> training
>>>> does.
>>>> Some service animals do not wear harnesses and their owners
> still have
>>>> the
>>>> right of access with their dogs
>>>>    Everyone needs to be aware that, even though the schools tell
> us
>>>> otherwise, we are not required to have our dogs in harness in
> order to be
>>>> afforded the right of access with them.  There is nothing in the
> Federal
>>>> law
>>>> requiring a service animal be harnessed.  In spite of the fact
> that some
>>>> state laws require this, such laws are unenforceable.
>
>>>> Fraternally yours,
>>>> Marion Gwizdala
>
>
>
>>>> ----- Original Message -----
>>>> From: "Angie Matney" <angie.matney at gmail.com
>>>> To: "'NAGDU Mailing List, the National Association of Guide Dog
> Users'"
>>>> <nagdu at nfbnet.org
>>>> Sent: Saturday, August 29, 2009 1:31 AM
>>>> Subject: [nagdu] Quick-release handles: was Air Charters and the
> extra
>>>> seat
>
>
>>>>> Wayne,
>
>>>>> This kind of experience is one reason I hope The Seeing Eye will
>>>>> consider
>>>>> ways to provide us with quick-release handles.  If we can simply
> remove
>>>>> the
>>>>> harness handle, it will easily fit in the space between a window
> seat
>>>>> and
>>>>> the inside wall of the plane.  This will allow both the human
> and dog to
>>>>> enjoy more room while they fly, while reducing the chances that
> a flight
>>>>> attendant would seek to remove the harness from the dog's owner.
>
>>>>> Also, some airline policies state that the dog must remain in
> harness at
>>>>> all
>>>>> times.  If we had a quick-release handle, we could comply with
> such
>>>>> policies
>>>>> while gaining a bit more leg/dog room.
>
>>>>> I don't know how you feel about quick-release handles, but if
> you agree
>>>>> with
>>>>> me, I hope you will consider relating this experience to someone
> at
>>>>> Seeing
>>>>> Eye as a reason to consider quick-release handles.
>
>>>>> Angie
>
>
>
>
>
>>>>> -----Original Message-----
>>>>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org]
> On
>>>>> Behalf
>>>>> Of Wayne Merritt
>>>>> Sent: Friday, August 28, 2009 11:15 PM
>>>>> To: NAGDU Mailing List, the National Association of Guide Dog
> Users
>>>>> Subject: Re: [nagdu] Air Charters and the extra seat
>
>>>>> I think he's referring to a part of airline history in the
> eighties
>>>>> where the airlines tried to take or in some cases took canes
> away from
>>>>> blind people, claiming that they were dangerous and could fly up
> and
>>>>> hit someone if something were to happen to the plane.  Though I
> missed
>>>>> this part of airline history in my travels, I've still been
> asked a
>>>>> few times by flight attendants to give up my cane.  I even
> explained to
>>>>> one persont that the cane was securely between my window seat
> and the
>>>>> inside wall of the plane; in other words, it wasn't going
> anywhere.
>>>>> I'm sad to say that I have been pushed into giving up my cane,
> with
>>>>> the flight attendant in question assuring me that she would put
> my
>>>>> cane in the closet at the front of the plane during the flight,
> but
>>>>> this has happened a very few times, thankfully.
>
>>>>> I did have one similar experience in my recent Florida travels,
> when
>>>>> they were trying to acccommodate my seating arrangement on one
> of
>>>>> those smaller express jets, where I had to give up my dog's
> harness.  I
>>>>> chose not to make an issue of it since I was able to get a seat
> with
>>>>> potentially more room in the first class area, though we are
> still
>>>>> talking of those smaller jets.  I was reminded of of the
> incidents of
>>>>> giving up canes though and wondered if giving up a harness was
>>>>> similar.  Sadly, it does sound familiar to me.  I was able to
> get the
>>>>> harness back when leaving the plane, but I still felt like
> something
>>>>> was violated by having to give up the harness.  I tried to show
> the
>>>>> flight attendant that it was secure against the wall of the
> plane, but
>>>>> no dice.  Thoughts?
>
>>>>> Hth,
>>>>> Wayne
>
>
>>>>> _______________________________________________
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> 33%40verizon.net
>
>
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>
>
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>
>
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