[nagdu] FWD: Arizona - URGENT LEGISLATIVE ALERT; HB2179 AMENDMENT MAKES SIGNIFICANT CHANGES TO RIGHTS OF PERSONS WHOUSE SERVICE ANIMALS

Thu Feb 19 00:34:15 UTC 2015

No, state laws cannot supercede federal laws.  They did say they were
requesting that the ADA be changed to meet Arizona state law.  I don't
believe they have an argument that the service animals pose a threat
to the health of people in a restaurant.  I have never seen any
studies showing this to be true.  Does anyone know why this law is
being pushed?

On 2/18/15, Julie J. via nagdu <nagdu at nfbnet.org> wrote:
> Can a state do this?  I mean can they just decide that their state law
> supersedes a federal law?  I'm no lawyer, but it sounds a lot shady to me.
>
> Another thing they obviously don't understand is that medical professionals
> don't get what a disability is, legally speaking.  They get the medical
> diagnosis, treatment and that end of it, but disability isn't a diagnosis.
>
> Julie
> Courage to Dare: A Blind Woman's Quest to Train her Own Guide Dog is now
> available! Get the book here:
> http://www.amazon.com/dp/B00QXZSMOC
> Visit my new website on developing courage and living authentically:
> http://www.falling-up.com
> -----Original Message-----
> From: Ginger Kutsch via nagdu
> Sent: Wednesday, February 18, 2015 6:06 PM
> To: NAGDU Mailing List,the National Association of Guide Dog Users
> Subject: [nagdu] FWD: Arizona - URGENT LEGISLATIVE ALERT;HB2179 AMENDMENT
> MAKES SIGNIFICANT CHANGES TO RIGHTS OF PERSONS WHOUSE SERVICE ANIMALS
>
> Begin forwarded message:
>
> From: Larry Wanger <larry at azsilc.org>
> Date: February 18, 2015 at 1:16:14 PM MST
> Subject: URGENT LEGISLATIVE ALERT; HB2179 AMENDMENT MAKES SIGNIFICANT
> CHANGES TO RIGHTS OF PERSONS WHO USE SERVICE ANIMALS
>
> The following information is provided in order to share information
> regarding legislation pending in the Arizona House of Representatives that
> will impact the rights of persons with disabilities.
>
>
>
> Legislation that will significantly impact the rights of persons with
> disabilities who utilize the assistance of a service animal will be heard in
> the House Government and higher Education Committee at 9:00am tomorrow,
> Thursday February 19 in House hearing Room 1. This legislation is an
> amendment to HB2179 and will make significant changes to current state
> statutes regarding the rights of individuals with service animals including:
>
>
>
> ·         Requiring that individuals who use service animals obtain a permit
> from the Arizona Department of health Services in order to take their
> service animal in to a public place and that such permit be renewed on a
> regular basis.
>
> ·         As part of the permit process, an individual will be required to
> apply to the Department of Health Services and provide documentation from a
> medical professional certifying the applicant has a disability.
>
> ·         Requiring that a service animal wear a vest, also issued by the
> Department of Health Services at all times when in a public place. This vest
> will display permit information.
>
> ·         Allows restaurants to block access for persons with service
> animals in order to meet local and or state health code regulations.
>
> ·         Requires the Department of Health services to develop a sign for
> restaurants to display indicating that service animals are not permitted and
> that a separate sign for other public businesses not serving food be created
> that indicates service animals are allowed.
>
> ·         Requires the Department of Health Services to petition the United
> States Department of Justice requesting that the Americans with Disabilities
> Act be updated to comply with state law.
>
>
>
> Additionally, the following language is included at the end of the
> amendment:
>
>
>
> The legislature finds that the Americans with disabilities act of 1990 may
> endanger the health and safety of the public, place an undue burden on
> businesses and others and conflict with state and local health codes. State
> and local health codes shall supersede the Americans with disabilities act
> of
>
> 1990."
>
>
>
> I have attached the full text of the amendment to HB2179 for your review.
>
>
>
>
>
> Larry Wanger, Executive Director
>
> Arizona Statewide Independent Living Council
>
> 5025 E. Washington Street, Suite 214
>
> Phoenix, AZ. 85034
>
> 602-262-2900 (Voice/TTY)
>
> 602-271-4100 (Fax)
>
> larry at azsilc.org
>
> www.azsilc.org
> <http://mandrillapp.com/track/click/30489975/www.azsilc.org?p=eyJzIjoiNl9oWXVMRk1USTRqTVlVSm45X0FFRDE5ZXcwIiwidiI6MSwicCI6IntcInVcIjozMDQ4OTk3NSxcInZcIjoxLFwidXJsXCI6XCJodHRwOlxcXC9cXFwvd3d3LmF6c2lsYy5vcmdcIixcImlkXCI6XCI3Mjc5ZDIwMDZhMmE0YzYyOGY4OTJhMWM3NGQ3NmJmMFwiLFwidXJsX2lkc1wiOltcIjRlMzlhYjU3YTkzZmNiMzczY2JkMDI4ZGFhZmRiODBhZWYxMWI2ZGJcIl19In0>
>
> _______________________________________________
> nagdu mailing list
> nagdu at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for nagdu:
> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/julielj%40neb.rr.com
>
>
> -----
> No virus found in this message.
> Checked by AVG - www.avg.com
> Version: 2012.0.2249 / Virus Database: 4257/8635 - Release Date: 02/18/15
>
>
> _______________________________________________
> nagdu mailing list
> nagdu at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for nagdu:
> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/marianne%40denningweb.com
>

-- 
Marianne Denning, TVI, MA
Teacher of students who are blind or visually impaired
(513) 607-6053