[nagdu] Guide Dogs And VA Facilities--what?!

Wed Aug 8 19:40:23 UTC 2012

OK, that was a history lesson, for sure.  Thanks, jenine.  This also tells me that GdUI's leadership is aware of the same issue.

But this also speaks to the concerns that we all have about service dogs, be they program-trained or owner-trained.  The issue being control of the dog.  Sounds like some of the owner-trained dogs, though they may perform tasks, are not under good control, and that is what brought about this ruling.

Vanessa Lowery, LGSW
Adult and Community Services Division
Adult Services Screening Unit
410-853-3550
VLowery at dhr.state.md.us

>>> "Jenine Stanley" <jeninems at wowway.com> 8/8/2012 3:27 PM >>>
Buddy, 

Let me try to explain this access issue. We have been dealing with this at
GDF and our service dog organization, America's Vetdogs, for the past
several years. 

The first thing to know about any Veterans Administration facility is that
there is no overall governing structure that covers every aspect of its
operation. Each facility director is allowed, under federal directive, to
establish policies and procedures according to the needs, within certain
parameters of course, of that facility. 

Veterans and staff alike have a saying: "If you've been to one VA facility,
you've been to one VA facility." 

Although the Secretary in DC has given some general guidance, it is only
that and each facility may establish its own rules for access. 

Remember, Veterans Administration facilities are federal and do not fall
under the ADA. They fall under the Rehabilitation Act and even more
specifically, under these guidelines established by the Secretary of
Veterans Affairs. 

As the popularity of service dogs to assist with many disabling conditions
has risen, a number of people have owner trained pets or acquired dogs not
suitable for the work. These people know that their dogs are covered under
the ADA and truly do believe that this coverage extends to the VA system.
Just as with the general public, when any dog designated as a service animal
does not behave properly, disrupts activities or poses a danger to people,
it can be removed from the facility. This is true with the VA as well, but
as with the general public, the VA has chosen to use a wide ranging
punishment for a very specific issue. We receive calls at least once a week
from VA facilities asking how to ban dogs who attack staff and other service
dogs. According to the VA staff calling, most of these dogs are owner or
privately trained. Some, however, as we point out, are indeed trained by
accredited facilities. We advise the VA staff to first work with the
individual to alert him/her that the dog's behavior is not appropriate and
if it continues with no attempt to correct it, the dog can be banned from
the facility. We also refer them to their facility's policy on service
animal access, which may or may not state this. 

Unfortunately, many veterans are also using service dogs as protection
devices for personal safety which is not at all a function of the work
service dogs are generally expected to do and is not allowed under the ADA
or other access laws. 

In order to establish some kind of order in who is bringing dogs into VA
facilities, many facilities have decided to adopt the standard that any
service animal entering the facility must have been trained by an
organization with either Assistance Dogs International (ADI) or
International Guide Dog Federation (IGDF) credentials. Handlers who cannot
show ID with the logos of either of these organizations and an associated
training provider will not be allowed to take their service or guide dogs
into the VA facility. 

You're probably thinking that people can just get these logos on line and
make up ID cards. They could but ADI and IGDF are extremely strict about who
and where their logos may be used and will seek whatever legal remedies
appropriate when they discover misuse of their logos. If you have a guide
dog school ID and your school is accredited by IGDF, chances are it bares
that logo.

This VA access standard generally has not touched the guide dog handlers
much in the past but increasingly, the rule is being enforced more strictly
so that guide dogs, once held separately by the VA in general in terms of
access and provision of benefits, are now being included in a general
service animal category and more closely scrutinized. 

This is truly one of those pendulum swings in access rights that happens
when things get too out of control for an entity. We saw this in the July
2010 revision of the ADA's service animal definition and standards. The VA
is following that general line with these regulations. 

I will not go into whether I think this is right or wrong as that is a whole
other topic, but just to let you know, it is out there and it does affect
many people seeking services from the VA. 

There are efforts in Congress already to change this guidance but some of
those efforts are based on incorrect information and assumptions. 

What can NAGDU do about this situation? One thing you can do that would be
very helpful for those of us in organizations that work directly with the VA
for our handlers is to ask your handlers who are using VA facilities, either
as veterans or dependants, whether or not their access with their dogs has
been questioned, challenged or denied within the past year. If so, please
let me know privately. 

As I said, each VA facility is its own entity regarding how strictly the
guidelines for service animals are enforced. Some facilities allow pets and
therapy animals without question while others are extremely strict about
showing ID for the service animal each time the person comes to the
facility. It all depends on the experiences and attitude of the facility
director and staff. 

Hope this helps. 

Jenine Stanley
jeninems at wowway.com 
http://www.twitter.com/jeninems 

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Buddy Brannan
Sent: Wednesday, August 08, 2012 1:07 PM
To: the National Association of Guide Dog Users NAGDU Mailing List
Subject: [nagdu] Guide Dogs And VA Facilities--what?!

Someone just brought the following to my attention. What does this mean for
owner/trained guide and service dogs? Moreover, what does this mean for the
future of what constitutes a service dog?

From
http://thomas.loc.gov/home/gpoxmlc112/h1627_enr.xml#toc-H547AD04B80A24ADCBB0 
2C96CBF22D067

SEC. 109. USE OF SERVICE DOGS ON PROPERTY OF THE DEPARTMENT OF VETERANS
AFFAIRS.
Section 901 is amended by adding at the end the following new subsection:

"(f)(1) The Secretary may not prohibit the use of a covered service dog in
any facility or on any property of the Department or in any facility or on
any property that receives funding from the Secretary.

"(2) For purposes of this subsection, a covered service dog is a service dog
that has been trained by an entity that is accredited by an appropriate
accrediting body that evaluates and accredits organizations which train
guide or service dogs.".

--
Buddy Brannan, KB5ELV - Erie, PA
Phone: (814) 860-3194 or 888-75-BUDDY

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