[nagdu] Private club exemption

Cindy Ray cindyray at gmail.com
Sat Mar 9 01:33:20 UTC 2013


No, it doesn't help. This Alumni Association is a b uilding on campus; to my knowledge it does, in fact, belong to them. Only it doesn't matter in this particular case because they were more than happy to have the dogs on their premises.

CL

On Mar 8, 2013, at 7:06 PM, Dailyah wrote:

> Ooooohhhhh...that's actually a REALLY tricky one.  I'm not sure I'm wiling to venture a guess either way without giving it a lot of thought and knowing a bunch of details.  The example you give is more complicated than most because you're talking about a University that receives Federal funding.  A lot of factors come into play like - Is the restaurant inside a building on the campus?  Yikes!  
> 
> Let's use a simpler example.  There's a private country club that has a restaurant beside their golf course.  Members pay dues, have membership cards, and everything about the club is by invitation only.  There's even a guard at the gate.  One day you're invited by a member to come play golf and have lunch afterwards, but you're told that you can't bring your Guide onto the property.  As strange as this seems, they're probably allowed to turn you away at the gate.  The club managers/president could also say something like, "You can have your dog on the golf course, but not in or near any of the buildings."  What I'm trying to get at is that a club that is truly private can make their own rules...including total exclusion.
> 
> Churches/Religious organizations are a similar situation.  (I'll use the term church, but you can substitute mosque, synagogue, religious organization, etc.!)  Many churches are more than happy to have all types of assistance dogs in every part of their buildings.  Other churches say things like, "The dog is not allowed in the prayer halls or bathrooms." or "The dog is not allowed in the inner temple, but can come into the chapel."  (They can, legally, put whatever restrictions they want to.)  Still other churches do not allow assistance dogs on the property at all.
> 
> I hope that helps,
> Dailyah
> 
> ** There are some things that can make it so that the dog has to be allowed, but those are the exceptions - not the norm.
> 
> 
> 
>> ________________________________
>> From: Cindy Ray <cindyray at gmail.com>
>> To: "NAGDU Mailing List, the National Association of Guide Dog Users" <nagdu at nfbnet.org> 
>> Sent: Friday, March 8, 2013 4:36 PM
>> Subject: Re: [nagdu] Private club exemption
>> 
>> Yes, but does that include restaurants that are exclusive. The University of Kansas has an alumni club that has a restaurant involved with it; you have to be a member to be allowed to eat there, unless you are invited as a guest. They still have to allow the dogs in, don't they?
>> 
>> CL
>> 
>> On Mar 8, 2013, at 6:14 PM, Steven Johnson wrote:
>> 
>>> However, when it refers to private organizations, it is only those that have
>>> exclusive membership.  
>>> Steve
>>> 
>>> 
>>> 
>>> -----Original Message-----
>>> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Dailyah
>>> Sent: Friday, March 08, 2013 4:49 PM
>>> To: NAGDU Mailing List, the National Association of Guide Dog Users
>>> Subject: [nagdu] Private club exemption
>>> 
>>> Jessica (and CL),
>>> 
>>>   42 USC Section 12187 is what you're thinking of.  This is where it's stated
>>> that both private clubs and religious organizations are exempt from having
>>> to allow any kind of service dog.  
>>> 
>>> Dailyah
>>> 
>>> Here's what it says, exactly:
>>> 
>>> "The provisions of this subchapter shall not apply to private clubs or
>>> establishments exempted from coverage under title II of the Civil Rights Act
>>> of 1964 (42 U.S.C. 2000-a(e)) [42 U.S.C. 2000a et seq.] or to religious
>>> organizations or entities controlled by religious organizations, including
>>> places of worship."
>>> 
>>> 
>>> 
>>>> ________________________________
>>>> From: Cindy Ray <cindyray at gmail.com>
>>>> To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
>>>> <nagdu at nfbnet.org>
>>>> Sent: Friday, March 8, 2013 8:19 AM
>>>> Subject: Re: [nagdu] Access Rights?
>>>> 
>>>> No, you should not have to bring proof that the dog is a guide dog. Up
>>> scale doesn't change anything. What do you mean "private." Do you have to
>>> join or go with someone who belongs?
>>>> 
>>>> CL
>>>> 
>>>> On Mar 8, 2013, at 9:17 AM, Jessica Diaz wrote:
>>>> 
>>>>> 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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>> 
>> 
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>> 
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