[nagdu] How to Refuse a Guide Dog who is Dirty and infested with Fleas

[National Association of Guide Dog Users]

Darla,
	The ADA and its implementing regulations address this in their
regulations concerning direct threat.

Specific Construction. Nothing in this title shall require an entity to
permit an individual to participate in or benefit from the goods, services,
facilities, privileges, advantages and accommodations of such entity where
such individual poses a direct threat to the health or safety of others.

The term direct threat means a significant risk to the health or safety of
others that cannot be eliminated by a modification of policies, practices,
or procedures or by the provision of auxiliary aids or services. (42 USC
12182(b)(3))

It could be argued that a dog with fleas poses a direct threat, as defined
in this section. It will be incumbent upon the entity to demonstrate that
the dog had fleas and those fleas constituted a direct threat. HTH!

Marion




-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Darla Rogers
Sent: Monday, August 05, 2013 9:44 PM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Subject: [nagdu] How to Refuse a Guide Dog who is Dirty and infested with
Fleas

I had a paratransit driver--it turns out it is someone who picks me up
frequently--one day ask me if Roxy had fleas.  As it turned out, what he
wanted to know was how **not** to take dogs who are stinky, not groomed and
with fleas.

 

                Can someone please cite the part of the law that spells this
out, as they surely do not have to take a dog who is going to get the car or
bus dirty and spread fleas everywhere.

 

Darla & handsome, hardworking Huck

 

 

 

Darla J. Rogers

 

djrogers0628 at gmail.com

 

 

 

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