[nagdu] *Requiring* documentation

[Marion Gwizdala]

Julie,
    As for the "asking" of the identification being a violation of the law, 
it would depend upon what happens afterward. If one presents an i.d. and is 
granted access, I would guess no violation has occured. On the other hand, 
if i.d. were requested, one  refused, and access denied based upon the 
refusal to present documentation, a violation would have definitely occured. 
The implementing regulations state, "A public accommodation shall not 
require documentation, such as proof that the animal has been certified, 
trained, or licensed as a service animal." I believe the key term in this 
regulation is "require". Therefore, a public entity/accommodation could 
*ask* for documentation, but may not *require* it. This information is 
intended as informal guidance only and should not be construed as legal 
advice! (grin)

Fraternaly yours,
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: Thursday, March 29, 2012 8:52 AM
Subject: Re: [nagdu] Advance Notification


> 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
>>>>
>>>>
>>>> _______________________________________________
>>>> nagdu mailing list
>>>> nagdu at nfbnet.org
>>>> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>>>> To unsubscribe, change your list options or get your account info for 
>>>> nagdu:
>>>> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/julielj%40neb.rr.com
>>>>
>>>
>>>
>>> _______________________________________________
>>> nagdu mailing list
>>> nagdu at nfbnet.org
>>> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>>> To unsubscribe, change your list options or get your account info for 
>>> nagdu:
>>> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/blind411%40verizon.net
>>
>>
>>
>> _______________________________________________
>> nagdu mailing list
>> nagdu at nfbnet.org
>> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>> To unsubscribe, change your list options or get your account info for 
>> nagdu:
>> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/julielj%40neb.rr.com
>>
>
>
> _______________________________________________
> nagdu mailing list
> nagdu at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for 
> nagdu:
> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/blind411%40verizon.net