[nagdu] Re Resolution concerning Dog Guides

[Tamara Smith-Kinney]

Interesting!  Love the background!

Well, I wouldn't have taken a young Mitzi to the zoo because it would all
have been just way too overstimulating unless it happened to be a super
uncrowded day.  Now I would consider it if the opportunity arose.  Honestly,
it would probably depend on the weather and the day of the week.  /smile/

Tami Smith-Kinney

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Marion Gwizdala
Sent: Wednesday, June 30, 2010 2:28 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Re Resolution concerning Dog Guides

Elizabeth,
    You ask a very good question. First of all, the ADA does not 
specifically require or prohibit access of disabled individuals accompanied 
by service animals to zoos. title III of the Act defines zoos as public 
accommodations. Public accommodations are required to "modify policies 
practices, and procedures" to allow a disabled person the enjoyment of the 
goods and services of a public accommodation unless doing so would cause an 
undue burden, modify the essential elements of the place of public 
accommodation, or cause a direct threat that cannot be eliminated by a 
reasonable modification of the policies, practices, and procedures.
    In 1986, Florida passed an exception to their service animal laws that 
allowed "places that keep or display live animals for public education or 
enjoyment" to deny access to service animals. In 1993, the NFB of Florida 
found sponsors in the Florida legislature to introduce a bill to overturn 
this provision. In order to demonstrate that this provision was unnecessary,

the House and Senate sponsors visited a local zoo with me, accompanied by 
Dr. Edmund Gernstein, an Animal Behavior Specialist. We were allowed 
unlimited access to the zoo and the visit was recorded on video. Following 
the visit, Dr. Gernstein made the statement that the presence of my service 
animal had only positive effects on the animals in the zoo, breaking the 
boredom by introducing a new species. He noted that none of the animals 
showed any protective behaviors, such as warning cries, protecting their 
young, or other shows of distress.
    As for the assertion that a dog is a predatory animal, Dr. Gernstein 
testified that the only common denominator of all of the animals in the zoo 
is that man is their common predator.
    The National Association of Guide Dog Users is working with Dr. Donald 
Woodman, a professional zookeeper and member of the American Zoological 
Association, to help create better policies concerning service animals in 
zoos. We are working with Disney's Animal Kingdom, Miami-Dade Metro Zoo, and

the Lowry Park Zoo, all of which allow access to service animal handlers to 
any place the general public are allowed.
    I agree with you that there are some service animals that may not 
perform well in a zoological setting. It is up to the handler to make this 
call! Unfortunately, the United States Department of Agriculture (USDA) 
allows zoos to decide where a service animal can be allowed, opening the 
door to discrimination based on false assumptions. Like any place of public 
accommodation, should a zoo find a specific service animal or place within 
their zoo in which a service animal poses a direct threat to the health or 
safety of others, including their animals, the zoo has the right to restrict

access. However, I believe it should be based upon an actual threat, not an 
assumption of a threat.
    I hope this answers your questions. If you or anyone else has any 
further comments, this is an excellent place to discuss them.

fraternally yours,
Marion Gwizdala



----- Original Message ----- 
From: "Elizabeth Rene" <emrene at earthlink.net>
To: <nagdu at nfbnet.org>
Sent: Wednesday, June 30, 2010 11:36 AM
Subject: [nagdu] Re Resolution concerning Dog Guides


> Does the ADA specifically require that service animals be admitted to 
> zoos?
>
> I have always been taught at guide dog school that it is potentially 
> traumatic to a guide dog to be taken inside a zoo, and potentially 
> distressing to the captive animals  there, too, because of pheromone cues 
> not recognizable by humans, there being too many natural predators in one 
> place.
>
> I don't know where the zoological or veterinary or humane association 
> communities  stand on this issue, but I'm surprised that guide dog access 
> to zoos found its way into the statutory language of the ADA.
>
> Is denial of access to zoos specifically prohibited, or is denial of zoo 
> access to service animals simply not exempted from the bar against 
> discrimination re public accommodations?
>
> Guide dog schools teach their graduates to use good judgment for the 
> protection of their dogs.  But who's to say what other service animal 
> training programs do, or whether every service dog handler gives priority 
> to his or her dog's well-being?
>
> I support the scope and intent of the resolution, but I wouldn't want to 
> see criminalized a reasonable restriction on service dog access  grounded 
> on a legitimate interest in the animal's safety.
>
> Elizabeth
>
>
>
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