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

Fri Jul 29 19:11:03 UTC 2011

Thanks, Marion.  I will be contacting my County Supervisor rep on this.

Lyn and Landon
----- Original Message ----- 
From: "Marion Gwizdala" <blind411 at verizon.net>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Sunday, July 24, 2011 3:18 PM
Subject: Re: [nagdu] service dogs and people's fears or allergies

> 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
> To learn more about my upcoming book, speaking topics and speaking
> availability please visit www.michaelhingson.com
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>
>
> for info on the new KNFB Reader Mobile, visit:
> http://knfbreader.michaelhingson.com
>
> -----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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