[nagdu] Fw: Proposed Act Regarding Service Dogs from the state of Maine.
Marion Gwizdala
blind411 at verizon.net
Mon Mar 2 14:05:43 UTC 2015
Bridget,
As yo state in your message, guide dogs are not the only service dogs. Furthermore, how a dog is evaluated is not the issue here, as a dog may be evaluated before it leaves the program and within a year be completely out of control. The key element of a service dog is its training and control. The DOJ has already asserted that no documentation or certification can be required as a condition of access. Furthermore, no state may enforce a law that is more restrictive than federal law. This law restricts the rights of the disabled more than federal law and is, therefore, unenforceable. We will make sure it doesn't see the light of day!
Fraternally yours,
Marion Gwizdala
-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Bridget Walker via nagdu
Sent: Sunday, March 01, 2015 2:03 PM
To: Sherry Gomes; NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Fw: Proposed Act Regarding Service Dogs from the state of Maine.
I don't see it as someone trying to diminish our rights. I do recognize the owner training question and I just do not know the answer. I asked this question time and time again let's see if I can get some feedback this time.
I do not want to set anyone off on the list so please understand this is just to better understand everyone's side. We all know how a guide dog is evaluated at a training program so I will not get in to it. I want to know who determines when and at what point an owner trained guide dog is ready? How is this dog evaluated? Multiple people evaluate a program dog, is it a here say from one person, or do multiple people with a background in the work of guide dog training see the team?
I'm taking a huge dive here but, I hope someone can see the Devils advocate and educate. I know there are some very great individuals who owner train. Please apply this to all areas not just guide work. How does anyone decide between fake and real service dogs? Anyone can get a dog to follow a few commands. Anyone can go buy some equipment off of eBay. Anyone can get a doctors note. How is the public to know?
I always thought people would get it that a harness is used with a guide dog. This is not the case anymore. There is to much between fake and real dogs.
Another point I want to bring up is why doesn't anyone do anything about those people who go overboard. Those people who constantly through documentation and have every vest and patch ever made to "prove they have a service dog." When you have to go that far everyone knows it's an act. We need a balance.
I am sure tired of people in New York and New Jersey abusing the ADA. Some people may say we choose to use guide dogs as if we don't need them. You know what, my guide dog has made my life 1,000,000 times better. Having my guide dog should always be a right and NEVER a privilege.
Bridget
Sent from my iPad
> On Mar 1, 27 Heisei, at 11:36 AM, Sherry Gomes via nagdu <nagdu at nfbnet.org> wrote:
>
> Hi all,
>
> I got this off another list. Another state trying to diminish our rights.
>
> Below is the text of a bill that is being presented to the state of Maine legislature in the near future. Again, this is very concerning, much like the recent Arizona bill that failed. If states keep presenting bill’s such as these, I’m afraid one will get passed and negatively impact the rights of legitimate service dog teams.
>
>
>
> 127th MAINE LEGISLATURE
>
> FIRST REGULAR SESSION-2015
>
> Legislative Document No. 547
>
> H.P.
>
> 371 House of Representatives, February 26, 2015
>
> An Act Regarding Service Dogs
>
> Reference to the Committee on Agriculture, Conservation and Forestry suggested and
>
> ordered printed.
>
> 49
>
> ROBERT B. HUNT
>
> Clerk
>
> Presented by Representative CAMPBELL of Orrington. (BY REQUEST)
>
> Cosponsored by Senator SAVIELLO of Franklin and
>
> Representatives: DOORE of Augusta, LAJOIE of Lewiston, MAKER of Calais, NADEAU of
>
> Winslow, STANLEY of Medway, TUELL of East Machias.
>
> Printed on recycled paper
>
>
>
> table with 2 columns and 33 rows
>
> 1
>
> Be it enacted by the People of the State of Maine as follows:
>
> 2
>
> Sec. 1. 7 MRSA §3922, sub-§4, as amended by PL 2007, c. 664, §11, is further
>
> 3
>
> amended to read:
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> 4
>
> 4. Service dogs. If a service dog has not been previously registered or licensed by
>
>
>
> the municipal clerk to whom the application is being made, the clerk may not register the
>
> 6
>
> dog nor issue to its owner or keeper a license and tag that identifies the dog as a service
>
> 7
>
> dog unless the applicant presents written evidence to the municipal clerk that the dog
>
> 8
>
> meets the definition of "service dog." For the purpose of this subsection "written
>
> 9
>
> evidence" means a service dog certification form approved by the department in
>
>
>
> consultation with the Maine Human Rights Commission. The service dog certification
>
> 11
>
> form must include a letter signed by a physician, psychologist, physician assistant or
>
> 12
>
> nurse practitioner indicating that the owner or keeper or a member of the owner's or
>
> 13
>
> keeper's household requires the service dog and a certification or other document
>
> 14
>
> indicating that the service dog has completed training from an established service animal
>
>
>
> training organization or has been evaluated by a certified animal trainer and found to have
>
> 16
>
> a sound temperament suitable for a service dog.
>
> 17
>
> Sec. 2. 7 MRSA §3923-B, sub-§1-A is enacted to read:
>
> 18
>
> 1-A. Service dog registration tag. In accordance with subsection 1, the department
>
> 19
>
> shall ensure that, with regard to the registration and licensing of a service dog, the service
>
>
>
> dog's registration tag clearly indicates that the dog is a service animal pursuant to Title 5,
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> 21
>
> section 4553, subsection 9-E. The department shall devise a method of ensuring that a
>
> 22
>
> service dog's registration tag is clearly visible to the public.
>
> 23
>
> SUMMARY
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> 24
>
> This bill requires that an individual registering a service dog present to the municipal
>
>
>
> clerk a letter signed by a physician, psychologist, physician assistant or nurse practitioner
>
> 26
>
> indicating that the individual or a member of the individual's household requires the
>
> 27
>
> service dog and a certification or other document indicating that the service dog has
>
> 28
>
> completed training from an established service animal training organization or has been
>
> 29
>
> evaluated by a certified animal trainer and found to have a sound temperament suitable
>
>
>
> for a service dog. It also requires the Department of Agriculture, Conservation and
>
> 31
>
> Forestry to ensure that the registration tag of a service dog clearly indicates that the dog is
>
> 32
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> a service animal and to devise a method of ensuring that a service dog's registration tag is
>
> 33
>
> visible to the public.
>
> table end
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>
>
> Page 1 -127LR0304(01)-1
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>
>
>
>
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