[nagdu] Access Rights?

[Marion Gwizdala]

Jessica,
    The law is very clear on this issue. FYI< I have attached the full text 
of the current implementing regulations to this message. In short, 
restaurants are places of public accommodation. Public accommodations are 
required to modify their policies, practices, and procedures to allow an 
individual with a disability the right to access any part of their business 
other customers are permitted to access, unless doing so would cause a 
direct threat to the health or safety of others that cannot be eliminated by 
reasonable measures. No documentation nor specific gear can be required as a 
precondition to access. In some states, statutes exist that require such 
documentation and/or specific gear; however, these statutes are 
unenforceable since federal law preempts (supercedes) state law. If you tell 
me in which state this business is located, I can let you know if it is one 
that has such unenforceable language and what you can do to resolve this 
issue. If you would like to write to me off-list, my contact information is 
below my signature.

Fraternally yours,
Marion Gwizdala, President
National Association of Guide Dog Users (NAGDU)
National Federation of the Blind
813-626-2789
President at NAGDU.ORG
HTTP://WWW.NAGDU.ORG


----- Original Message ----- 
From: "Jessica Diaz" <jldiaz421 at gmail.com>
To: "gdblounge" <gdblounge at yahoogroups.com>; <nagdu at nfbnet.org>
Sent: Friday, March 08, 2013 10:17 AM
Subject: [nagdu] Access Rights?


> Hello
> My husband and i want to eat at this more upscale american restaurant
> that sells funnel cake. On the website when i was browsing the menu,
> it says no dogs of any kind in plain view. when i called to ask about
> it, the man said i have to bring papers for Saunders and Figby. Is
> this legal? I thought i remember hearing something about if the
> business is a private one the laws are different. thanks so much.
> Jessica Diaz
>
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