[nagdu] service dogs and people's fears or allergies

[Marion Gwizdala]

Lyn,
    Title II of the ADA states

Subject to the provisions of this title, no qualified individual with a 
disability shall, by reason of such disability, be excluded from 
participation in

or be denied the benefits of the services, programs, or activities of a 
public entity, or be subjected to discrimination by any such entity. (42 USC 
12132)

Title III of the Act defines discrimination, in part, as follows:
a "separate Benefit".
individuals, on the basis of a disability or disabilities of such individual 
or class, directly, or through contractual, licensing, or other arrangements 
with a good, service, facility, privilege, advantage, or accommodation that 
is different or separate from that provided to other individuals, unless 
such action is necessary to provide the individual or class of individuals 
with a good, service, facility, privilege, advantage, or accommodation, or 
other opportunity that is as effective as that provided to others. (42 USC 
12182)



So, separating individuals or a class of individual because of their 
disability and use of an auxiliary aid (service dog) is discriminator under 
the ADA. I suggest you get in touch with your County Attorney and point out 
the discrepancy. The ADA preempts this policy. If they were to enforce this 
policy, it would be discriminatory.

    If you need me to give them a call to chat with them about this, I would 
be happy to do so. However, I think you should be the first one to discuss 
this with them.



Fraternally yours,

Marion Gwizdala








----- Original Message ----- 
From: "Michael Hingson" <info at michaelhingson.com>
To: "'NAGDU Mailing List, the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Sunday, July 24, 2011 3:27 PM
Subject: Re: [nagdu] service dogs and people's fears or allergies


Lyn

Not Marion, but yes the county is violating the ADA.  Allergy does not trump
service dog.

I think we all need to be sensitive to others, but segregating you because a
guide dog is a direct violation of the spirit, letter, and intent of the
law.  You might consider writing the county to explore getting the policy
changed.


Best,


Michael Hingson

The Michael Hingson Group, INC.
 "Speaking with Vision"
Michael Hingson, President
(415) 827-4084
info at michaelhingson.com
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-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Lyn Gwizdak
Sent: Sunday, July 24, 2011 10:43 AM
To: NFBnet NAGDU Mailing List, the National Association of Guide Dog Users
Subject: [nagdu] service dogs and people's fears or allergies

Hi Marion and all,
On Friday, I wwent to our local MediCal office to request a new MediCal card
to reflect my name change.  Before I went through the metal detector, the
security guard there told me that all people with service dogs would have to
sit in a seperate room with the dog and not in the large room where people
sit while waiting their turn at the window.  They said they had this policy
because people may have allergies or be afraid of dogs.  they said that this
was a directive from the County.

Another worker said that sinse the room wasn't full, they brought me a chair
to sit near the guard and metal detector to wait my turn sinse the window
was right there.  I sat there and soon my turn came, I took care of business
and left.

The workers there were coureous - even nice folks - and I think they thought
the policy rather stupid and they had no problem with dogs.

Has anyone else had a situation like this?  I did tell them that allergies
and fears didn't constitute an excuse for segregation of dog users from the
general public - the same thing that came up with the cab drivers and the
ADA.  Marion, is our County violating the ADA with this policy?

Lyn and Landon
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