[nagdu] new F A Q service dogs was City Hall experience.

Wed Jul 29 23:07:30 UTC 2015

Danielle and Marion, 

This is correct regarding places of public accommodation not being able to demand, as a condition of access for the service animal handler, any identification, licenses or health records. 

Why, you may ask. 

Because under the ADA and other civil rights laws, your guide dog is considered equal to someone’s wheelchair, crutches or assistive listening device. It is a piece of equipment that mitigates your disability. This is a tough concept for many of us to get our heads around. It’s important though when thinking about access and the maintenance of our service animals. 

It is assumed by the Department Of Justice and other federal and state regulatory agencies that we as handlers keep our dogs properly vaccinated and healthy. If we don’t, we can lose our right to work them in public. If enough of us don’t, everyone loses their rights.  

Just something to think about.
Jenine Stanley
jeninems at wowway.com

http://www.twitter.com/jeninems

> On Jul 29, 2015, at 6:14 PM, Danielle Sykora via nagdu <nagdu at nfbnet.org> wrote:
> 
> The way I understand it, a regulating agency can require the same
> registration/vaccinations of a service dog that apply to a pet. At the
> same time, a place of public accommodation can not use this criteria
> as a condition of access. For example, a town requiring all pets are
> licensed yearly and receive a rabies vaccination every three years can
> require the same of a service dog living in the area. If they
> regularly charge pet owners a fee for not complying with these
> regulations, they can also charge the service dog handler the same. On
> the contrary, a place of public accommodation can not ask to see a
> service animals license or proof of vaccination before allowing the
> handler to enter the establishment, even if this would ordinarily be
> the procedure for pet owners.
> 
> Danielle, Thai, and Bonnie (GDF puppy in training)
> 
> On 7/29/15, Howard J. Levine via nagdu <nagdu at nfbnet.org> wrote:
>> Are you saying that thay may not ask for proof of dog license, most guide
>> dogs have rabies tag. Blind perxons should be able to travel through out
>> united states lower 48 states with any extra papers for our service dogs.
>> 
>> -----Original Message-----
>> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Marion Gwizdala
>> via nagdu
>> Sent: Wednesday, July 29, 2015 3:48 PM
>> To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
>> Cc: Marion Gwizdala
>> Subject: Re: [nagdu] new F A Q service dogs was City Hall experience.
>> 
>> Bridget,
>> 
>> 	What I offer is not legal advice, as I am not an attorney; it is
>> only meant as informal guidance. If an entity requires such things as
>> registrations or vaccination records from those bringing pets into a
>> facility,  the implementing regulations of the ADA require  they modify
>> their policies, practices, or procedures to allow an individual accompanied
>> by a  service animal the right to be accompanied by that animal in any
>> place
>> the general public is allowed. This means they may not require such things
>> as registration or vaccination records as a condition of access. Even if
>> they require such things from those wishing to bring their pets into that
>> place of public accommodation
>> 
>> 	My take on this from the FAQ is to affirm that public entities are
>> allowed to require that owners of service animals comply with those
>> requirements of local ordinances that are applicable to all animals owners,
>> i.e., registrations and vaccinations. Such things cannot be required of a
>> public entity or private entity that provides public accommodations.
>> 
>> Fraternally yours,
>> Marion Gwizdala
>> 
>> 
>> -----Original Message-----
>> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Bridget Walker
>> via nagdu
>> Sent: Wednesday, July 29, 2015 3:32 PM
>> To: NAGDU Mailing List, the National Association of Guide Dog Users
>> Cc: Bridget Walker
>> Subject: Re: [nagdu] new F A Q service dogs was City Hall experience.
>> 
>> Hi Marion and all,
>> I have some questions regarding the new frequently asked questions
>> regarding
>> service animals.
>> To my understanding if an entity requires any form of registration or
>> documentation for any animals they can request this documentation of a
>> service animal.
>> I want to be clear the only registration they can request is the
>> registration for which the service dog resides. They may not request proof
>> of training or identification "registration." Is this correct?
>> Marion you go on to explain, "At the same time, it is my understanding that
>> compliance with such ordinances cannot be used as a condition of access."
>> Can you clarify this?
>> Thank you,
>> Bridget
>> 
>> 
>> Sent from my iPad
>> 
>>> On Jul 29, 27 Heisei, at 10:48 AM, Marion Gwizdala via nagdu
>> <nagdu at nfbnet.org> wrote:
>>> 
>>> After reading the guidance from the Department of Justice in their new
>>> "Frequently asked Questions about Service Animals", I understand it to
>>> say that local ordinances requiring registrations and vaccinations do
>>> not violate the ADA, as they are requirements for all animal owners.
>>> At the same time, it is my understanding that compliance with such
>>> ordinances cannot be used as a condition of access. My lay
>>> interpretation of this guidance is that it is still incumbent upon an
>>> entity to demonstrate that a direct threat exists that cannot be
>>> eliminated by a reasonable modification of policies, practices, or
>>> procedures, that the animal is out of control and the handler does not
>>> take effective measures to correct the behavior, or that the animal is
>>> not housebroken in order to deny access. Such requirements for
>>> registration or proof of vaccination are not discriminatory as they apply
>> to all owners of animals, including service animals.
>>> 
>>> Fraternally yours,
>>> Marion Gwizdala
>>> 
>>> 
>>> 
>>> -----Original Message-----
>>> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Steven
>>> Johnson via nagdu
>>> Sent: Tuesday, July 28, 2015 7:17 PM
>>> To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
>>> Cc: Steven Johnson
>>> Subject: Re: [nagdu] City Hall experience.
>>> 
>>> That's how I interpreted it too Julie, but then again, this whole
>>> thing is left up to interpretation.
>>> 
>>> Steve
>>> 
>>> 
>>> -----Original Message-----
>>> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Julie J.
>>> via nagdu
>>> Sent: Tuesday, July 28, 2015 9:24 AM
>>> To: NAGDU Mailing List, the National Association of Guide Dog Users
>>> Cc: Julie J.
>>> Subject: Re: [nagdu] City Hall experience.
>>> 
>>> So I'm thinking about that new info that the DOJ just put out.   There's
>>> a
>> 
>>> bit in there that says that service dogs still have to have local
>> licenses.
>>> I don't agree because I still feel it's a tax for having a service dog,
>> but
>>> it's what the DOJ says, so I'll shut up about it.   Anyway could a local
>>> license or rabies tag be what the security guard meant?  Not sure how
>>> being required to have these tags, but not being required to show them
>>> as a condition of access works in practical terms.
>>> 
>>> Julie
>>> need help with parenting?  I'm offering a parenting class via phone
>>> conference.  Send questions to: julielj at neb.rr.com 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
>>> 
>>> 
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