[nagdu] Expected DOJRuling in Next Few Weeks

[Marion & Martin]

Julie,
    You ask an excellent question. Though I am not an attorney, so my 
opinion is worth less than my 2 cents, I believe you are correct in your 
assertion that a guide horse would be an acceptable service animal under 
state statutes that do not specify species. Remember way back in the 1980s 
and before when there was no federal protection for service animal users? We 
did have state laws that provided us with access! States may make laws that 
offer broader protections than federal laws, but not those that are more 
restrictive. Florida's law is an example of one that defines service animals 
more bbroadly. I guess it would be a matter of interpretation and, of 
course, there may also be some other legal concepts I may be missing, too! I 
hope some of our legal professionals weigh in on this question for us!

Fraternally yours,
Marion



----- 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: Monday, February 01, 2010 5:19 PM
Subject: Re: [nagdu] Expected DOJRuling in Next Few Weeks


> Theoretical question time...
>
> Lets assume that the proposed rules pass as they are.  So minature horses 
> would not be recognized as service animals as per federal law.  But what 
> about states that have laws that don't specify species?  I know some state 
> laws do actually say "dog" but many only say "animal".  So...I'm a 
> wonderin' if in these states it is still acceptable to use a minature 
> horse because the state law is less restrictive.
>
> Am I lost or would this be the case?
>
> I'm still pondering the smelly dog thing.  When I figure out the logical 
> enforcement of that one I'll let yawl know. *smile*
>
> Julie
>
>
>
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