[nagdu] "Proving" Disability

Thu Apr 7 12:03:53 UTC 2011

Dear All,
    The necessity of proving we are disabled is not something we are 
required to do to obtain access. According to guidance from the Department 
of Justice, an entity may ask *if* we are disabled but cannot inquire about 
the nature of our disability nor proof of the same. as for access with a 
service animal, the entity may ask if the dog is a service animal and what 
tasks the animal was trained to perform. It cannot ask for a demonstration 
of the tasks, but may observe the animal to ensure it is under control and 
does not pose a direct threat.
    My statement that, should we file a complaint under any of the laws that 
protect our civil rights it would be incumbant upon us to prove we are 
disabled is meant to mean we would be required to prove to the agency or 
court of jurisdiction that we are disabled and, therefore, a "qualified 
person with a disability" afforded protection under the law. It was not 
meant to imply, in any way, that we must prove to an entity that we are 
disabled. The credible assurance of the individual is all that can be 
required by the entity. HTH!

Fraternally yours,
Marion Gwizdala


----- Original Message ----- 
From: "Lisa Irving" <lirving1234 at cox.net>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Thursday, April 07, 2011 3:01 AM
Subject: Re: [nagdu] Emotional Support Dog Article


> Yes, we might take personal offense to justifying our disability because 
> we already do this on a regular basis. With that said, our laws are 
> intended to be objective. hence, the need to demonstrate/document our 
> disability.
>
> Lisa and Bernie
> ----- Original Message ----- 
> From: "d m gina" <dmgina at samobile.net>
> To: <nagdu at nfbnet.org>
> Sent: Wednesday, April 06, 2011 9:28 AM
> Subject: Re: [nagdu] Emotional Support Dog Article
>
>
>> Ahem prove we are disabled.
>> When you are being guided walking with someone to the gate, isn't that 
>> proof enough we are blind?
>> I for one get assistance, I wouldn't have no clue how to get from one 
>> gate to another at any air port.
>> What kinds of proof do I need to add to the other items I'm taking with 
>> me.
>> I sure wouldn't want to take an eye out just to prove that I'm disabled.
>> Something just doesn't sound correct here.
>>
>> Original message:
>>> Cheryl,
>>>     Just as a point of clarification, a medical condition, in and of 
>>> itself,
>>> is not sufficient to protect a person under these circumstances. In 
>>> order to
>>> be afforded protection under the Fair Housing Act, the person must be
>>> disabled. The same is true with protection under the ADA. This article
>>> clearly states that the Court found that the plaintiff was disabled as 
>>> the
>>> result of the medical condition. Likewise, should any of us file a
>>> complaint, it would be incumbant upon us to prove that we are disabled, 
>>> as
>>> these laws only protect indivisuals with disabilities.
>>
>>> Fraternally yours,
>>> Marion Gwizdala
>>
>>
>>
>>> ----- Original Message -----
>>> From: "cheryl echevarria" <cherylandmaxx at hotmail.com>
>>> To: "NAGDU Mailing List, the National Association of Guide Dog Users"
>>> <nagdu at nfbnet.org>
>>> Sent: Tuesday, April 05, 2011 8:17 AM
>>> Subject: Re: [nagdu] Emotional Support Dog Article
>>
>>
>>>> FYI, AIDS is a recognized Medical Condition. So, why should this post a
>>>> threat Aaron.
>>
>>>> The biggest compliment you can pay me is to recommend my services!
>>
>>>> Cheryl Echevarria
>>>> CD-10646
>>>> http://www.Echevarriatravel.com<http://www.echevarriatravel.com/>
>>>> 1-866-580-5574 or 631-456-5394
>>>> reservations at echevarriatravel.com<mailto:reservations at echevarriatravel.com>
>>
>>>> Member of NACTA.com
>>>> Member of ASTA.org
>>
>>>> Affiliated as an Independent Contractor with Montrose Travel
>>>> CST-1018299-10
>>
>>>> Affiliated as an Independent Contractor with Absolute Cruise and 
>>>> Travel,
>>>> Inc.
>>>>  ----- Original Message -----
>>>>  From: Steven Johnson<mailto:blinddog3 at charter.net>
>>>>  To: 'NAGDU Mailing List,the National Association of Guide Dog
>>>> Users'<mailto:nagdu at nfbnet.org>
>>>>  Sent: Tuesday, April 05, 2011 6:56 AM
>>>>  Subject: Re: [nagdu] Emotional Support Dog Article
>>
>>
>>>>  What position and in what respects?  This ruling is covered by the 
>>>> Fair
>>>>  Housing Amendments Act, not the ADA.
>>
>>>>  -----Original Message-----
>>>>  From: nagdu-bounces at nfbnet.org<mailto:nagdu-bounces at nfbnet.org>
>>>> [mailto:nagdu-bounces at nfbnet.org] On Behalf
>>>>  Of Aaron Cannon
>>>>  Sent: Monday, April 04, 2011 10:32 PM
>>>>  To: NAGDU Mailing List, the National Association of Guide Dog Users
>>>>  Subject: [nagdu] Emotional Support Dog Article
>>
>>>>  My opinion:
>>>>  This ruling certainly doesn't help our position.
>>
>>
>>>> http://www.boston.com/news/local/breaking_news/2011/04/ruling_says_lan.html<http://www.boston.com/news/local/breaking_news/2011/04/ruling_says_lan.html>
>>
>>>>  Aaron
>>
>>>>  _______________________________________________
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>>
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>>>>  et
>>
>>
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>>>> http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/cherylandmaxx%40hotmail.com<http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/cherylandmaxx%40hotmail.com>
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>>
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>>
>> -- 
>> --Dar
>> skype: dmgina23
>>  FB: dmgina
>> www.twitter.com/dmgina
>> every saint has a past
>> every sinner has a future
>>
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>
>
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