[nagdu] when dogs are working?

Wed Oct 1 19:09:37 UTC 2014

Well, that is sure in the extreme. The dog’s work is a service animal. That’s like saying if you are a nurse, when you go home you always have to wear your uniform; otherwise, you aren’t a nurse. Or take football player. At home is private, but if you were renting and the dog caused damage there, even without a pet deposit, your regular damage deposit would count. That is rather a weird interpretation though. LOL.
Cindy

On Oct 1, 2014, at 1:53 PM, Dan Weiner via nagdu <nagdu at nfbnet.org> wrote:

> No comments on that directly but a question:
> I met one person when looking for appartments way back in maryland, that
> told me if my dog was with me renting an appartment he would have to wear a
> harness all the time I was living there, I inquired as to this and was told
> that meant if I took the harness off at home he wouldn't be a service dog.
> I didn't rent that appartment actually but wonder if anyone had ever been
> hit with that one--lol
> 
> Dan W.
> dcwein at dcwein.cnc.net
> 
> 
> 
> -----Original Message-----
> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Skewis, Brian at DCA
> via nagdu
> Sent: Wednesday, October 01, 2014 12:59 PM
> To: Julie J.; NAGDU Mailing List, the NationalAssociation of Guide Dog
> Users; Abigail Bolling
> 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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