[nagdu] Legislative Consideration

Julie J julielj at windstream.net
Sun Jan 17 16:23:04 UTC 2010


Not necessarily.  I don't think that just because a person chooses to use a 
very small service dog negates the possibility of it being a legitimate 
service dog.  Examples might include hearing alert dogs and seizure alert 
dogs.

Also I absolutely do not like the idea of having to perform some sort of 
circus act to "prove" that my dog is indeed a service dog to gain access 
someplace.   It leaves too much interpretation up to the individual's 
judgment.  It also hinges on the necessity of the service of the dog at that 
exact moment.  How is that going to work for someone who uses a service dog 
to alert to a life threatening medical condition?  Would the person have to 
have a seizure, diabetic lapse of consciousness or loose the ability to 
breathe from an allergic reaction in order to "prove" that their dog does 
indeed perform a service?

And of course all service dogs have moments of confusion or 
miscommunications with the handler.  What happens when one of these occurs 
when trying to prove the legitimacy of the service dog?  I know myself and 
how frustrated and annoyed I would be at having to perform for someone like 
this.  Frustrated and annoyed don't bode well for me having a good moment in 
communicating with my dog.

I was thinking about this whole thing this morning with people using 
fraudulent service dogs and claiming disability when that is questionable. 
In thinking back about all the news articles I have read over the past few 
years, the one thing they all have in common is the lack of appropriate 
behavior.  I cannot think of a single news story of someone claiming they 
have a disability that is in question and need their dog to do xyz and the 
dog being beautifully behaved.  I think the  issue is bad behavior.  I would 
really like to see a law that address penalties for a person whose dog 
causes harm to another person or damage to property.  I think that would be 
a greater deterrent to using a service dog fraudulently or an unsuitable 
dog.

Training a service dog is an incredible lot of work.   If there were 
penalties for dangerous or unsuitable behaviors from these dogs, I think the 
result would be two fold.  It would deter people from training their own who 
haven't the knowledge or skills to be successful.  And it would require the 
programs to better screen and place dogs.    The end result would be better 
behaved dogs and isn't that what we really want?

JMHO
Julie


----- 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: Sunday, January 17, 2010 8:49 AM
Subject: Re: [nagdu] Legislative Consideration


> Julie,
>    Though it is incumbant upon a person claiming protection under the ADA 
> to show that they are a "qualified person with a disability" should 
> litigation result, I believe it is less difficult to prove whether a 
> service animal has been trained to perform tasks that mitigate a person's 
> disability. The person, for instance we sw in a grocery store with her 
> pocket dog in the cart or the one with the dog in her purse at WalMart, 
> are examples of individuals abusing the provisions. I agree with Anne that 
> the key is education; at the same time, such educational efforts can be 
> enhanced by legal penalties.
>
> 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: Saturday, January 16, 2010 3:05 PM
> Subject: Re: [nagdu] Legislative Consideration
>
>
>> Who decides who is disabled and who isn't?
>>
>> Because right now that can only be done through court proceedings.  I 
>> think the sort of law you are proposing will put a lot of strain on law 
>> enforcement officers to make decisions of who is disabled and who isn't. 
>> Unless I am missing some piece of the puzzle?
>>
>> Could you give a fictional example and how your proposed law would work?
>> Julie
>>
>>
>>
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