[nagdu] questions I get from my bus driver that is not an accessible bus just regular bus

Fri Dec 10 11:53:14 UTC 2010

Cheryl,
    The answers are actually, in my opinion, quite simple. First of all, the 
DOJ recognizes that not all service animals are trained by a program, as is 
the case with several members of NAGDU who have trained their own guide 
dogs. These dogs are as much a service animal as those who have been trained 
by a program. Individuals who train their own dogs do not have 
"documentation" of the training. This is the primary reason the DOJ has 
determined that no documentation can be required as a prerequisite for 
access. Furthermore, the DOJ allows an entity to deny an individual with a 
disability the right to be accompanied by their service animal if the animal 
poses a direct threat to the health or safety of others that cannot be 
mitigated by a reasonable modification of policies, practices, and 
procedures or if the animal is out of control and the handler does not take 
immediate action to correct the behavior. In this latter case, the denial 
must be based upon the actual behavior of the animal, not upon an assumption 
of how the animal will behave. If an entity makes the decision to not allow 
an individual with a disability the right to be accompanied by their service 
animal, the entity must allow the individual access without the dog being 
present.
    In the case you cite, the entity would be within its rights, in my lay 
opinion, to refuse to allow the woman to be accompanied by her dog because 
of its pattern of agressive, out-of-control behavior. The entity must, 
however, allow the woman access to the system without the dog.
    For your information - as well as for that of anyone who wishes it - I 
have attached "Frequently Asked Questions about Service Animals". Feel free 
to make copies and give it to those with your transit provider who conduct 
training and establish policies.

Fraternally yours,
Marion Gwizdala


----- Original Message ----- 
From: "cheryl echevarria" <cherylandmaxx at hotmail.com>
To: "nagdu" <nagdu at nfbnet.org>
Sent: Wednesday, December 08, 2010 5:38 PM
Subject: [nagdu] questions I get from my bus driver that is not an 
accessible bus just regular bus


> As many of you know I live out in Long Island, NY not to far from GDF.
>
> And there has been a person, who swears that there dog is a guide dog, 
> meaning a pit bull.
>
> I don't know if Jeanine knows about this issue.  But here on Long Island, 
> I believe every year the Suffolk County Bus Company for there drivers that 
> is called sensitivity training.
>
> I wish they would allow me to come as well as being part of NAGDU, and 
> have a representative from GDF as well as the other service animal schools 
> in the area.
>
> One day, I was a passenger on the bus when this person tried to pass off 
> there dog as a service animal, again this dog is a pit bull.
>
> I was sitting there and the driver said that we are stopping and the 
> person has a dog and has tried to get on the bus before the driver side to 
> me, they don't carry a card with them, but they carry the print out of the 
> ADA law with them.
>
> I will tell you what happened, and then I will put what the driver's 
> question is.
>
> First when the driver stopped and the woman tried to get on the bus, now 
> mind you I sit in the front because I like to talk to my driver as well. 
> Nice guy, many years he has been the driver, anyway she tries to get on 
> but her dog starts to growl and bark at my dog.  Maxx moved closer to me 
> not wanting anything to do with this dog.
>
> I asked her what type of dog is that, she said a pit bull, no I said 
> meaning what kind of service animal is it.  She said he was just a service 
> animal and that she has the paperwork to prove it. I said what job does 
> the dog do for you, I didn't say what disability she has.  She said he is 
> her comfort animal.  I said 1, Comfort animals are not considered Service 
> Animals and fall under the ADA. 2. In the State of NY, especially Suffolk 
> County NY, and some other parts of NY to even have a pit bull, and that I 
> am blind and a graduate of GDF I said which school, and I pulled out my ID 
> from GDF, I do not need to carry paperwork around with me and never should 
> she. From my searching I have found that especially in the state of NY 
> there is no service animal training schools that train pit bulls. I asked 
> her where she got her dog, she said NY.
>
> The driver asked her to please leave if she could not control her dog.
>
> A few months later she tried to get on another bus and the driver let her 
> on.
>
> The driver and I spoke the other day since I had to go somewhere, that she 
> tried to get on again on his bus, and he said he wouldn't allow the dog on 
> the bus.
>
> The driver wants to know how far are they allowed to go to stop this.
>
> To many people are trying this in Suffolk County.
>
> Yes we get IDs and I don't know what the big deal is about giving ID, I 
> think that helps a lot, especially in the case that it is not always 
> obvious to lets say in this situation to tell if someone is disabled and 
> needs a dog, I mean if a person is blind it is not always noticeable, not 
> everyone uses dark glasses, or has a dog with a harness with the schools 
> name on it, or a person in a wheelchair, and with more children and adult 
> with seizures or autism or other disabilities how is one to know.  You 
> can't ask what the disability you have, you can't force a person to show 
> ID.  What is the answer?
>
> The biggest compliment you can pay me is to recommend my services!
>
> Cheryl Echevarria
> http://Echevarriatravel.com<http://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
> Affiliated as an Independent Contractor with Absolute Cruise and Travel 
> Inc.
>
> join my yahoogroup
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