[nagdu] when dogs are working?

Skewis, Brian@DCA Brian.Skewis at dca.ca.gov
Wed Oct 1 16:59:02 UTC 2014


Under the letter of the law, the advisor is both correct and incorrect at the same time.  ADA law states in section 36.302 (regarding places of public accommodation) that "a service animal shall be under the control of its handler. A service animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal´s safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler´s control".

With that being said, just because Jada is off leash doesn't mean she isn't a service animal.  That is where the advisor is incorrect.  The definition of a service animal according to ADA is a dog that is individually trained to do work or perform tasks for a person with a disability.  Being off leash and/or harness means that she isn't in discharge of her duties at that time, not that she isn't a service animal.  Regardless of whether she is controllable or not off leash, the leash doesn't interfere with her performance and it doesn't seem like, as the handler, you are unable to use a harness or leash since you use those tools regularly.  So in a place of public accommodation, Jada should be leashed. 

Moving forward, I would recommend establishing a policy identifying that specific place as a location where service animals can be off leash as long as they are under the control of their handler.  It doesn't seem like an unreasonable request and I'd venture to say that as long as you keep moving up the chain of command at the school, you'll find a dog lover that understands and appreciates your position.  

I hope this helps,    

Brian Skewis
Executive Officer
California State Board of Guide Dogs for the Blind
Office: 916-574-7825
Email: brian.skewis at dca.ca.gov 
www.guidedogboard.ca.gov
      

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Julie J. via nagdu
Sent: Wednesday, October 01, 2014 2:03 AM
To: Abigail Bolling; NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] when dogs are working?

*Being a student organization, we have a room in the student union which is considered a "safe space" where we can relax and be ourselves.
h=The alliance has made it clear to me that if I am on break, then, obviously by decision but my dog should get some down time too. I agree completely. *

So it sounds to me that your group is totally okay with her being off leash and they enjoy seeing her have that time to relax.  If this is the views of the group, then it seems to me to be just fine.

It is the dog's training that makes it a service dog.  All the equipment does is allow you to utilize the training.  There are service dogs who don't need to wear anything like alert dogs for deaf individuals and dogs who assist with retrieving for folks in wheelchairs or dogs who alert to medical conditions like seizures.

It is a public place, I think, and there is a responsibility to keep your dog under control, but I don't think that means you have to have her on leash.  I have Monty out of harness and off leash in my office at work.  It is a public place, anyone could stop by at any time.  I even allow him to interact with certain people.  He's under control and is still a service dog.  Jetta isn't ready for that level of freedom yet.  It's all about knowing your dog and what they can handle.

Perhaps it would help if your group made the off leash thing official by putting it in the rules, then the staff member would back off?  I don't know.

Julie


-----Original Message-----
From: Abigail Bolling via nagdu
Sent: Tuesday, September 30, 2014 6:03 PM
To: NAGDU Mailing List,the National Association of Guide Dog Users
Subject: [nagdu] when dogs are working?

hey all!

So I recently started hanging out with a group of students called the rainbow alliance on campus.
Being a student organization, we have a room in the student union which is considered a "safe space" where we can relax and be ourselves.
h=The alliance has made it clear to me that if I am on break, then, obviously by decision but my dog should get some down time too. I agree completely. my dog is easy to control off leash and harness. They are completely comfortable with me taking my dog out of harness and all of the people who hang out in the room love dogs. There are at least 3 other people with service dogs who frequent that room, so it is nothing new to have a pup running around greeting people.

Today, we had an advisor come in the room and tell us that our dogs are not considered service animals if they are not in their full working gear.
My question is what should I do about this situation?
Should I fill out an incident report and have this advisor informed about the laws and regulations about service dogs, or is he correct?

Thanks,

Abby and Puppy Jada

Abigail Bolling
Wright State University: Social Work

"Keep a smile on your face and  a song in your heart, and just let the music play." (Julie Anderson-Diamond) _______________________________________________
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