[nagdu] when dogs are working?

Wed Oct 1 18:03:17 UTC 2014

You are right. I believe that people think they have to know they are 
service animals by seeing the equipment they have. Personally, I won't let 
Holly wander about in any public circumstances in public. Well, I take that 
back, maybe in a dog park. You never know what will happen. Even if an area 
is relatively safe, dogs can get up to no good and also other folks can as 
well. For example, if you don't know what's happening, folks may be sneaking 
your dog treats or even things like chicken bones. Some dogs will also loose 
focus on there handler when they have many other people giving them 
attention. I want to know where my dog is and what she or others are getting 
up to while not at home! A lot of people percieve that dogs aren't working 
while off leash. And, they are usually right! Finally, dogs are not human so 
needing breaks isn't the same thing for them. Holly just lies around. I 
belong to many different groups and the rules for all are different. So, I 
keep the rules the same for Hololy. The most I'll do in public is take her 
harrness off and lengthern her leash so she can interact with folks or 
sometimess other dogs.
----- Original Message ----- 
From: "Skewis, Brian at DCA via nagdu" <nagdu at nfbnet.org>
To: "Julie J." <julielj at neb.rr.com>; "NAGDU Mailing List, the 
NationalAssociation of Guide Dog Users" <nagdu at nfbnet.org>; "Abigail 
Bolling" <violingirl30794 at gmail.com>
Sent: Wednesday, October 01, 2014 12:59 PM
Subject: Re: [nagdu] when dogs are working?

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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