[nagdu] Recent DOJ Activity Concerning Service Animals

[Pickrell, Rebecca M (TASC)]

That's okay, I don't understand your post, you said that signs could go
up to resolve a guide dog issue but that employees could find other ways
to not follow the law and you called out small businesses. Can you
explain?

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On
Behalf Of David Baker
Sent: Friday, April 09, 2010 2:48 PM
To: 'NAGDU Mailing List,the National Association of Guide Dog Users'
Subject: Re: [nagdu] Recent DOJ Activity Concerning Service Animals

'Guess I don't understand your question, Rebecca.
 
David

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On
Behalf Of
Pickrell, Rebecca M (TASC)
Sent: Friday, April 09, 2010 12:56 PM
To: NAGDU Mailing List,the National Association of Guide Dog Users
Subject: Re: [nagdu] Recent DOJ Activity Concerning Service Animals

David, how can/are small businesses able to comply with ADA postings yet
their
employees not comply with the law? Can you give an example? 

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On
Behalf Of
David Baker
Sent: Friday, April 09, 2010 8:23 AM
To: 'NAGDU Mailing List,the National Association of Guide Dog Users'
Subject: Re: [nagdu] Recent DOJ Activity Concerning Service Animals

Marion, it's interesting to see the different results from different
complaints.
Enforcing laws makes for tough judgment calls on the part of the
litigators.  On
the one hand, there is sentiment in favor of punishment and retribution
which is
often a strong motivator, especially  for large companies.  On the
other, there
is a strong argument in favor of remedies that create broad changes in
service
animal policies and actual compliance.  Small businesses can comply with
postings and supposed instructions to employees, but these may be easily
circumvented.  Enforcement against small businesses and health providers
requires a balancing act and careful analysis by the lawyer handling the
case
about whether court action with a request for heavy penalties may end up
diluting the law or providing an ineffective remedy.

The possibility of coerced 'voluntary' compliance (settlement) is best
achieved
when Justice has resources to prosecute and can point to substantial
penalties
levied against ADA scofflaws.

Personally, I am not a big fan of settlements that provide only for the
development of ADA training and ADA compliant policies, unless there are
tough
penalties for non-compliance and future violations within the settlement
agreement itself.  All of this, of course, is predicated on Justice and
other
enforcement agencies having adequate funding and resources to pursue
compliance
issues.

David


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