[nagdu] when dogs are working?

Thu Oct 2 00:02:23 UTC 2014

Never heard that one! But it doesn't surprise me me any!
----- Original Message ----- 
From: "Dan Weiner via nagdu" <nagdu at nfbnet.org>
To: "'Skewis, Brian at DCA'" <Brian.Skewis at dca.ca.gov>; "'NAGDU Mailing 
List,the National Association of Guide Dog Users'" <nagdu at nfbnet.org>
Sent: Wednesday, October 01, 2014 2:53 PM
Subject: Re: [nagdu] when dogs are working?

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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