[nagdu] Guide Dogs in Condo swimming pools.

[Ann Edie]

Hi, Marion and All,

Just one more possible consideration--
Don't the ADA regulations require that service dogs be on leash at all times
unless doing so would interfere with the animal's performance of it's tasks,
in which case the animal must be under the handler's control by some other
means?  If this is indeed the case, then I would think that the guide dog
would at the very least have to be kept on leash while in the pool.

My feeling is that our service animals are "on duty" or "working" when in
public places, and should not be given special privileges of "playing" in
areas where other animals are not permitted.  I agree with you that the
handler must be permitted to enter the restricted area accompanied by the
service animal.  But to me, while the person may exercise, relax, socialize,
or play in the pool, the dog should remain in harness or at least on leash
and lying down in a safe place.  I certainly would not think it acceptable
for a handler to turn his service animal loose in a gym or in an amusement
park, so I agree that a service dog handler does not have the right to turn
the animal loose in a swimming pool to play.

While we are often reminded that guide dogs are still "dogs", we must
remember that guide and service dogs are not "pets."  The ADA protects our
right to access public places with our service dogs; it does not give us
license to turn our service dogs loose to play in public places.  I think we
have to provide play opportunities for our service animals in our own homes
or at the homes of friends or relatives or in places where pets are
permitted, but not in public places where pet animals are not allowed.

Best,
Ann

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of National
Association of Guide Dog Users
Sent: Sunday, August 04, 2013 2:51 PM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Subject: Re: [nagdu] Guide Dogs in Condo swimming pools.

Dear All,
	 I will do my best to answer these questions from my lay point of
view.As far as the question of whether or not a guide dog could be allowed
in a pool, the purpose of allowing a person access with their guide dog is
to allow them the independent travel tool of their choice. I know the dog
would be allowed on the pool deck, but I would think that it would not
extend to actually being in the pool. Service animals can be removed from an
entity if they pose a direct threat to the health or safety of others. I'm
not an expert on this issue, but I would bet it could be argued that the dog
in the pool could be construed as a direct threat.
	I don't know how much hair it would take to clog a pool drain, but I
would think a bunch of humans likely shed more hair in a pool than one dog.
	I have never belonged to a condo or homeowners' association, but it
is my understanding that the policies of the association are written into
bylaws that are approved by the association members. Such associations
cannot make bylaws or policies that conflict with local, state, or federal
law. 
	As for the question of whether or not a life guard would be in any
way responsible or liable for any personal or property damage caused by a
service dog, on this point the law is very clear. Federal law makes the
handler of the service dog responsible for any damage caused by the dog. 

Fraternally yours,
Marion Gwizdala





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