[nagdu] safari park question

Fri Jul 19 20:46:44 UTC 2013

Dailyah,
	In 1993, I first began working on the issue of service animals in
zoos. At that time, I toured a local Tampa, florida zoo with a state
senator, member of the House of Representatives, an animal behavioral
specialist, and a camera crew. We got some very good video supporting our
assertions that the presence of a service animal does not pose a direct
threat, including a Cockatoo sitting on my dog's harness! One of the most
supportive was the statement by the animal behavior specialist, Dr. Ed
Gernstein, that the only common denominator among all the animals in the zoo
was that man is their natural predator. He also stated that the presence of
a service dog in a zoo had beneficial outcomes for the other animals by
triggering curiosity about and excitement over the new species that was
present. 
	Many zoos will make assertions about what they *fear* will happen if
they let a service dog into the zoo; however, this fear is not substantiated
by any objective evidence and, in fact, the law requires what is known as an
affirmative defense. This means that any entity that restricts or denies
access to a person accompanied by a service animal must be able to
demonstrate that the presence of the animal poses a direct threat; it is not
up to the handler to prove it does not.
	What often seems like "common sense", is not necessarily "legal
sense". Decisions to deny or restrict access to those accompanied by service
animals cannot be based upon subjective assumption not founded in fact. They
must be based upon objective evidence of clear and present risk.
	During our July 1 meeting, we heard from Steve Olson, the Vice
President of Federal Relations for the Association of Zoos & Aquariums. The
AZA is very concerned about the diversity of policies that exist among their
members and believe such diversity demonstrates that many policies are
likely not compliant with state and federal law. If one zoo provides full,
unrestricted access to those accompanied by service animals  while another
substantially restricts such access, how can it be demonstrated the policy
is founded on the fact of direct threat? If a direct threat exists in one
zoo, why does it not exist in the same circumstances at another? NAGDU and
the AZA will be working on this issue soon!

Fraternally yours,
Marion Gwizdala

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Dailyah
Sent: Friday, July 19, 2013 3:45 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] safari park question

Right, but that's to completely deny entry.  In the more "safari" types
where often animals are running free (sometimes visitors can even walk right
through an area with loose animals that are 'friendly'!), it can sometimes
be argued or shown that either the dog's presence fundamentally alters the
nature of the business (in selected areas) OR that their animals or our dogs
could be in danger - if either of those is the case then they need to have
safe and secure arrangements for your dog (often a kennel in someone's
office) to hang out in while an employee goes with you through those areas
(if you want one).  They immediately reunite dog and handler as soon as the
area(s) have been visited and then you can go visit everywhere else as
normal.  So, they aren't supposed to just say no to assistance dogs (and it
sounds like that's what you've read on some websites?)...but there may be
areas or exhibits where they can say no.  I've found these places to  be
REALLY reasonable, for what it's worth.  The couple of times they've wanted
me to kennel my dog or not visit once they describe the exhibit to me I
generally have been thankful for their common sense because no way would I
have wanted my dog in there, leashed, with whatever critter loose and
unpredictable!  (Their animals are used to having people come through, but
not dogs...hate to have something decide my dog was prey!  Not cool!  lol)

Dailyah - waiting on a successor (AKA Dogless and Desperate! HAHA Paws
crossed for Nov. class)

>________________________________
> From: National Association of Guide Dog Users <blind411 at verizon.net>
>To: "'NAGDU Mailing List, the National Association of Guide Dog Users'" 
><nagdu at nfbnet.org>
>Sent: Friday, July 19, 2013 12:19 PM
>Subject: Re: [nagdu] safari park question
> 
>
>Martha,
>    We had representatives from the Association of oos & Aquariums at 
>our meeting on July 1 to discuss this issue. In order for any entity to 
>deny or restrict access to a disabled individual accompanied by a 
>service animal, they must demonstrate that the presence of the dog 
>poses a direct threat - a substantial risk to the health or safety of 
>others that cannot be eliminated by a modification of policies, 
>practices or procedures - or that the animal is out of control and the 
>handler does not take immediate effective action to correct it. A 
>direct threat must be clear and present (obvious and real) not just an
assumption that something may happen.
>    In addition to the federal law, your state may also have laws to 
>protect your access and these laws may actually be stronger than 
>federal law and offer better remedies. In which state is this zoo? If 
>you need more information, please do not hesitate to get in touch with 
>me. My contact information is below my signature.
>
>Fraternally yours,
>
>Marion Gwizdala, President
>National Association of Guide Dog Users Inc.
>National Federation of the Blind
>(813) 626-2789 (Office)
>888-NAGDU411 (Hotline
>President at nagdu.org
>www.nagdu.org
>
>
>
>
>-----Original Message-----
>From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Martha 
>Harris
>Sent: Friday, July 19, 2013 11:15 AM
>To: NAGDU Mailing List, the National Association of Guide Dog Users
>Subject: [nagdu] safari park question
>
>Hi Everyone,
>Are safari parks and zoos exempt from the ADA? This weekend, I am going 
>to one. It will be a wagon ride where people can reach out to pet and 
>feed the animals. I have seen other safari websites that say dogs, 
>including service dogs, are not allowed on the property. This park's 
>site doesn't have any info about that. If I get there and they tell me 
>my dog can't come in, do I have any legal standing to say they are wrong?
>
>Thank you,
>Martha
>
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