[nagdu] Re Resolution concerning Dog Guides

[Ann Edie]

Hi, Elizabeth,

The ADA requires that a person accompanied by a service animal be permitted 
anywhere that other members of the public are permitted, and that includes 
zoos.  The zoo personnel are permitted to monitor the situation, and to make 
alternate arrangements if and when any of the zoo animals become excited or 
upset by the presence of the unfamiliar animal.  Zoos can also exclude 
service animals from areas such as aviaries where exhibit animals are in 
close contact with zoo visitors.

Back in 1992 or 1993, shortly after the enactment of the ADA, but before it 
was in full effect, I was working as a staff member of a summer program for 
children with disabilities.  The school group went to a local zoo or game 
farm as a field trip, and I went accompanied by my guide dog, because that 
was my mobility method of choice and because I would need my guide to do my 
job of escorting the children around the zoo most effectively.

My Labrador guide was the mellowest of fellows, with absolutely no prey 
drive, but also very comfortable around other animals, not afraid of them. 
So I was not anticipating any difficulty getting in to the zoo or while 
enjoying the facility.  I was planning on leaving my guide dog outside of 
the petting area, not because I was worried that my dog would harm or scare 
the sheep, goats, pig, or deer that were in the petting area--I figured any 
animals that could put up with screaming toddlers, bratty kids, strollers, 
balloons, and tons of human predators, probably weren't going to be upset by 
a mere dog which was quiet, inobtrusive, and wouldn't even make eye contact 
with them--rather, I was worried that my dog might catch fleas or diseases 
from the zoo animals.

So I was quite astonished when I was stopped at the ticket booth and asked 
to go to the office where they informed me that I would not be able to enter 
the zoo with my guide dog.  Explaining the law to them and explaining the 
nature of my particular dog did not convince them.  I considered calling the 
police and filing a complaint immediately or staging a sit-down in front of 
the ticket booth so that other visitors would become aware of the zoo's 
discriminatory policy as they approached the gate.  But since I was there as 
a staff member of a school program, and I didn't want to ruin the kids' zoo 
experience, I decided to leave my dog in the office and use my cane to 
navigate the zoo, even though this did reduce my ability to lead my students 
through the zoo.

I later filed a complaint with the state Human Rights Division and with the 
Federal Justice Department.  We went to a hearing with the Human Rights 
Division, and although all present thought that the zoo didn't have a leg to 
stand on and that their policy was clearly discriminatory, when the ruling 
finally came back, the ruling officer decided in favor of the zoo, agreeing 
with the zoo owner that the exclusion of service dogs was a "reasonable 
business practice."  The Justice Department never acted on the case because 
they had limited resources and bigger fish to fry.

That zoo was not a member of the industry  organization which sets policy 
standards for the zoo industry, and it fell short in other areas, such as 
care and living conditions for the animals,  as well as in its policies 
toward people with disabilities.  It has since gone out of business.

I visited many other zoos, farms, county fairs, petting zoos, petshops, and 
other places where animals, including prey animals, are present with that 
guide dog, and never experienced any problems, either with gaining access or 
between my guide dog and the resident animals.  If any animals seemed to be 
getting excited by the presence of the dog, we simply moved on.  I think 
that the zoo staff could eliminate even this issue by desensitizing the 
animals to dogs, just as they desensitize them to the presence of humans and 
all the noise, smells, and paraphenalia that come with human visitors.

I agree that each service animal user should use discretion in deciding 
where and when to use their service animal and when to choose a different 
mobility method.  I would vigorously oppose permitting zoos or any other 
public accommodation to decide for me where or when I may access public 
accommodations while using my chosen mobility method.  And I strongly 
support the inclusion of zoos in the anti-discrimination provisions of the 
ADA.

Best,
Ann

----- 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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