[nagdu] questions I get from my bus driver that is notan accessible bus just regular bus

Fri Dec 10 12:21:38 UTC 2010

I agree about allowing without the access of the dog, why not

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Cheryl Echevarria
http://Echevarriatravel.com
1-866-580-5574
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.

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----- Original Message ----- 
From: "Marion Gwizdala" <blind411 at verizon.net>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Friday, December 10, 2010 6:53 AM
Subject: Re: [nagdu] questions I get from my bus driver that is notan 
accessible bus just regular bus

> 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
> > echevarriatravel-subscribe at yahoogroups.com<mailto:echevarriatravel-subscribe at yahoogroups.com>
> > _______________________________________________
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