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

Fri Jul 29 19:52:00 UTC 2011

Lyn,
    You may also want to get in touch with
Shannon Dylan, the CAGDU president. As an attorney, she may also be able to 
convince them of the error of their ways! (smile)

Marion


----- Original Message ----- 
From: "Lyn Gwizdak" <linda.gwizdak at cox.net>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Friday, July 29, 2011 3:11 PM
Subject: Re: [nagdu] service dogs and people's fears or allergies


> 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
>> Thunder Dog is now available for early ordering on Amazon!!!
>> http://www.amazon.com/Thunder-Dog-Blind-Triumph-Ground/dp/140020304X/ref=sr_
>> 1_3?s=books&ie=UTF8&qid=1289090352&sr=1-3
>>
>>
>> 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
>> _______________________________________________
>> nagdu mailing list
>> nagdu at nfbnet.org
>> http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>> To unsubscribe, change your list options or get your account info for 
>> nagdu:
>> http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/info%40michaelhingson
>> .com
>>
>>
>> _______________________________________________
>> nagdu mailing list
>> nagdu at nfbnet.org
>> http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>> To unsubscribe, change your list options or get your account info for 
>> nagdu:
>> http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/blind411%40verizon.net
>>
>> _______________________________________________
>> nagdu mailing list
>> nagdu at nfbnet.org
>> http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>> To unsubscribe, change your list options or get your account info for 
>> nagdu:
>> http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/linda.gwizdak%40cox.net
>
>
> _______________________________________________
> nagdu mailing list
> nagdu at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for 
> nagdu:
> http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/blind411%40verizon.net