[NAGDU] A question.

[Steven Johnson]

Jeff, excellent point.  However, public areas still have to comply with ADA
Title III standards, and if it is indeed a fair housing issue, she may need
to request a reasonable accommodation under the Fair Housing Amendments Act
(1988).

Steve


-----Original Message-----
From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Jeffrey Young via
NAGDU
Sent: Monday, June 13, 2016 6:08 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Cc: Jeffrey Young
Subject: Re: [NAGDU] A question.

It is important to remember that the Fair Housing standards act, as well as
the ADA and State laws are applicable. The protections in place in one State
may not be equal in another. My personal opinion is that she is well within
her rights to take her guide to the pool area. Now, if she were to attempt
to take her guide into the pool itself ...  that would be a whole other bag
of worms. 

Jeff Young

> On Jun 13, 2016, at 5:42 PM, Steven Johnson via NAGDU <nagdu at nfbnet.org>
wrote:
> 
> Example 2 is most pertinent based on the information provided.
> 
> 
> -----Original Message-----
> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Steven 
> Johnson via NAGDU
> Sent: Monday, June 13, 2016 5:41 PM
> To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
> Cc: Steven Johnson
> Subject: Re: [NAGDU] A question.
> 
> I disagree.  If it were open to the general public, then yes.  See 
> information from ADA Title III TAM (Technical Assistance Manual) Does 
> title III apply to common areas within residential facilities? 
> Although title III does not apply to strictly residential facilities, 
> it covers places of public accommodation within residential 
> facilities. Thus, areas within multifamily residential facilities that 
> qualify as places of public accommodation are covered by the ADA if 
> use of the areas is not limited exclusively to owners, residents, and
their guests.
> 
> 
> ILLUSTRATION 1: A private residential apartment complex includes a 
> swimming pool for use by apartment tenants and their guests. The 
> complex also sells pool "memberships" generally to the public. The 
> pool qualifies as a place of public accommodation.
> 
> ILLUSTRATION 2: A residential condominium association maintains a 
> longstanding policy of restricting use of its party room to owners, 
> residents, and their guests. Consistent with that policy, it refuses 
> to rent the room to local businesses and community organizations as a 
> meeting place for educational seminars. The party room is not a place 
> of public accommodation.
> 
> ILLUSTRATION 3: A private residential apartment complex contains a 
> rental office. The rental office is a place of public accommodation.
> 
> 
> -----Original Message-----
> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Star Gazer 
> via NAGDU
> Sent: Monday, June 13, 2016 4:20 PM
> To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
> Cc: Star Gazer
> Subject: Re: [NAGDU] A question.
> 
>                Go. You pay to live there, wether it's mortgage or 
> rent, so you're entitled to go with or without your dog
> 
> -----Original Message-----
> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Melissa R 
> Green via NAGDU
> Sent: Sunday, June 12, 2016 1:18 PM
> To: NAGDU Mailing List, the National Association of Guide Dog Users 
> <nagdu at nfbnet.org>
> Cc: Melissa R Green <graduate56 at juno.com>
> Subject: Re: [NAGDU] A question.
> 
> Residence and their guests.  This entire thing has made me Leary of 
> going to the pool at my own place of residence.
> 
> 
> 
> Melissa R Green and Pj
> -----Original Message-----
> From: Steven Johnson via NAGDU
> Sent: Sunday, June 12, 2016 6:16 AM
> To: 'NAGDU Mailing List,the National Association of Guide Dog Users'
> Cc: Steven Johnson
> Subject: Re: [NAGDU] A question.
> 
> So, is this swimming pool actually open to the general public, or just 
> to residents of the condo?
> 
> -----Original Message-----
> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Howard J. 
> Levine
> via NAGDU
> Sent: Sunday, June 12, 2016 6:56 AM
> To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
> Cc: Howard J. Levine
> Subject: Re: [NAGDU] A question.
> 
> It is a common aria, so you are in your right to take your guide dog 
> with you.
> 
> -----Original Message-----
> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of d m gina 
> via NAGDU
> Sent: Saturday, June 11, 2016 10:52 PM
> To: nagdu at nfbnet.org
> Cc: d m gina
> Subject: Re: [NAGDU] A question.
> 
> Original When I would go to the pool I would take my dog.
> This is a public pool.
> So I never thought there could be a problem in an apartment building.
> I don't know the rule on that one.
> message:
>> I was contacted by a guide dog user.  She is being cited for 
>> violating the pet pollicy in her condo building.  The violation is 
>> that she took the dog to the pool area.  Not in the pool, but in the 
>> pool area.  Any advice of how I can assist her is appreciated.
>> Melissa R Green and Pj
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