[nagdu] Private club exemption

Steven Johnson blinddog3 at charter.net
Sat Mar 9 14:59:53 UTC 2013


What I think is happening here is that 2 different access laws are being
confused; the ADA and provisions found in both Title II and III, and the
Fair Housing Amendments Act.  -----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Cindy Ray
Sent: Saturday, March 09, 2013 6:05 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Private club exemption

OK, I really am not trying to argu this point, but I don't get it. It is not
legal for the Alumni Association to keep dogs out of their building; yet a
seminary, which may well also receive federal financial aid, can refuse to
let someone stay in their housing with their dog. Or would that only apply
to a guest and not to one of their students?

CL

On Mar 9, 2013, at 5:59 AM, Steven Johnson wrote:

> Yes, , the college is still receiving federal funding in the way of 
> Federal Student Financial Aid.  When we are talking exclusive, it 
> basically refers to a private entity that does not advertise to the 
> greater and general public.  Some think that Cosco or Sam's have 
> exclusive membership, but remember, these entities do advertise to the 
> greater public.  Country clubs, or legal associations could be an 
> example of a private entity that exclusive membership.  One cannot 
> simply go up to the door and ask to be come a member.
> 
> -----Original Message-----
> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Cindy Ray
> Sent: Friday, March 08, 2013 6:36 PM
> To: NAGDU Mailing List, the National Association of Guide Dog Users
> 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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