[nagdu] Advance Notification

[Cindy Ray]

Julie, I think that actually to make showing the ID a condition of access is illegal. They will let you in if you show the ID, so you couldn't argue that you hadn't been admitted, but let's say you didn't have the thing with you; they wouldn't let you in. Legally, they really can't ask you for the ID. Even so, if you show the ID and get in, I can imagine that it would be harder to get someone to argue your case than it would if you weren't admitted. That's my probably flawed logic.
CL

On Mar 29, 2012, at 7:52 AM, Julie J. wrote:

> None and that makes perfect sense to you and me, but...is that the way a judge would see it?  Is the asking for ID actually a violation of the ADA or is it only the making that a requirement for access that is a civil rights violation?
> 
> I used to read laws and think, "oh that makes sense.  I understand that."  Then I started working with lawyers and legal issues and WOW things just aren't all that clear to me anymore.
> 
> Julie
> 
> 
> 
> 
> On 3/29/2012 7:40 AM, Marion Gwizdala wrote:
>> Julie,
>>   I guess my question would be, "Why am I being asked for identification, if not as a precondition to access?" My assumption would be that the request to produce identification prior to entering a place is for the purpose of determining whether or not the dog is a service dog. What other reason would there ve for asking for documentation?
>> 
>> 
>> Marion
>> 
>> 
>> ----- Original Message ----- From: "Julie J." <julielj at neb.rr.com>
>> To: "NAGDU Mailing List, the National Association of Guide Dog Users" <nagdu at nfbnet.org>
>> Sent: Wednesday, March 28, 2012 6:05 PM
>> Subject: Re: [nagdu] Advance Notification
>> 
>> 
>>> Cindy,
>>> 
>>> That's where I'm not sure.  I don't think it's illegal for them to ask for the ID, only to make the showing of the ID a condition of entering the store.  It's a fine line and I suppose it could be argued that by asking for it, it is presumed that is a condition of access.  However what seems logical and what flies in court are often not the same. *smile*
>>> 
>>> Still in the end in the example scenario given by Rebeka the person would still be going in the store, so no access denial took place.  To my way of thinking no access denial means no legal case.  But even without a solid legal case much can still be done through advocates, letters, the media and other resources.
>>> 
>>> Julie
>>> 
>>> 
>>> 
>>> On 3/28/2012 3:49 PM, Cindy Ray wrote:
>>>> But it is illegal for them to ask for the ID, but you show it to get into the store, demanding a play by play, and then you involve the law. Of course, if you got access to the store, that takes the teeth out of it, to my way of thinking on it, and then nobody cares that you were required to show your ID illegally. Not sure.
>>>> 
>>>> Cindy
>>>> 
>>>> 
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