[nagdu] dogs in harness and ID's

[Marion Gwizdala]

Jenny,
    First of all, Michigan's law requiring service animal users to present 
documentation as a prerequisite for access is not new. I am not sure when 
this provision was made part of the law; however, Michigan's statute has 
been amended twice (1996 & 1998) since the ADA was enacted. Therefore, the 
law is at least 13 years old! in 2010, the convention of the NFB adopted 
resolution 2010-25 which I have attached to this message. You may want to 
get in touch with your affiliate president and ask her to consider making 
amending this law a priority for the affiliate during the next legislative 
session. It should be a very easy bill to get introduced and passed.
    This provision is unenforceable, as it is not in parity with federal 
law. states may make laws that offer greater protections than federal law, 
but cannot make laws that are more restrictive. This "principle of 
Supremacy" is laid out in the U.S. Constitution, Article Vi, Clause 2 which 
states

      "This Constitution, and the Laws of the United States which shall be 
made in pursuance thereof; and all treaties made, or which shall be made, 
under the authority of the United States, shall be the supreme law of the 
land; and the judges in every state shall be bound thereby, anything in the 
constitution or laws of any state to the contrary notwithstanding."

      Fraternally yours,
      Marion Gwizdala


"
----- Original Message ----- 

From: "Jennifer Piening" <pienings at comcast.net>
To: <nagdu at nfbnet.org>
Sent: Monday, August 01, 2011 3:19 PM
Subject: [nagdu] dogs in harness and ID's


> Greetings!  I'm wondering if there are times when state laws can preempt 
> the ADA.  I had a strange experience a couple of months ago.  My husband, 
> who has a service dog, and my guide dog and I went to this restaurant in 
> Michigan, ironically called the Stray Dog Cafe, and the manager approached 
> us and said that Michigan had a new state law requiring us to show ID that 
> our dogs are indeed working dogs.  I didn't have my ID with me, because 
> I've never been asked to show it, and it doesn't fit in a card slot in my 
> wallet. My husband doesn't have one for his service dog, and his dog 
> doesn't wear a vest either.  I was kind of dumbfounded, and said with 
> surprise that I'd never heard of that particular law before, and that I 
> wanted some information explaining the law.  The manager didn't have any 
> information available, so we just sort of stood there, blocking traffic, 
> and said that we had been to many places in Michigan and had never been 
> confronted with this sort of treatment. She eventually gave in and let us 
> eat at the restaurant, which was over priced and not very good, but 
> anyway...  I'm wondering if anybody has heard of such a law. Can states 
> make their own laws that are in conflict with those of the ADA?
>      I'd also like to know more about the toileting and paw power 
> harnesses.
>      Thanks for any input and take care.
>      Jenny
>
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