[NAGDU] HB2992
Marianne Denning
marianne at denningweb.com
Fri Apr 14 15:33:53 UTC 2017
Cindy, that is an excellent question. Ohio Association of Guide Dog Users
is working to update the law in Ohio. The current legislation refers to
assistance dogs so we don't think it lines up well with ADA. If Ohio
chooses to leave the wording the same I think the state may have trouble
enforcing the law. I agree that the term "assistance animal" is vague.
On Fri, Apr 14, 2017 at 10:44 AM, Cindy Ray via NAGDU <nagdu at nfbnet.org>
wrote:
> I suppose leaving it alone is a good method, but one concern I have about
> it
> is that it says "assistance" or "service" animal. So what is the
> difference?
> Does assistance mean as an emotional support dog? If it does, then what's
> to
> say the lady could say the dog was such a dog and take it on Amtrack?
> Cindy Lou Ray
> cindyray at gmail.com
>
>
> -----Original Message-----
> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of NAGDU President
> via NAGDU
> Sent: Friday, April 14, 2017 9:40 AM
> To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
> <nagdu at nfbnet.org>
> Cc: NAGDU President <blind411 at verizon.net>
> Subject: Re: [NAGDU] HB2992
>
> Dear All,
>
> When the Florida bill was first introduced, we neither opposed nor
> supported it. I did express my opinion that the law was unenforceable;
> however, I do believe it could have a deterrent effect. I know of at least
> one instance in which a woman at my church told me she would be traveling
> on
> Amtrak and taking her dachshund, telling Amtrak it was a service dog. I
> told
> her about the state law and she said she would rethink her decision. She
> ended up leaving her dog at home with her daughter.
>
> I would leave this up to each affiliate to decide; however, I don't
> think there is any harm in such a law and we should follow the Florida
> affiliate's lead and neither oppose nor support it. Even as a deterrent, it
> could be helpful but, at least, is not harmful like some other bills we
> have
> seen introduced.
>
> Fraternally yours,
> Marion Gwizdala
>
>
> Marion Gwizdala, President
> National Association of Guide Dog Users Inc. (NAGDU) National Federation of
> the Blind
> (813) 626-2789
> President at NAGDU.ORG
>
>
> The National Federation of the Blind knows that blindness is not the
> characteristic that defines you or your future. Every day we raise
> expectations because low expectations create barriers between blind people
> and our dreams. You can live the life you want! Blindness is not what holds
> you back.
>
> -----Original Message-----
> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Julie Johnson
> via
> NAGDU
> Sent: Friday, April 14, 2017 9:32 AM
> To: NAGDU Mailing List, the National Association of Guide Dog Users
> Cc: Julie Johnson
> Subject: Re: [NAGDU] HB2992
>
> Well, it's a nice idea, but the big problems I see with it are:
> 1. who decides if a person has a disability? remember we are talking
> about
> every conceivable disability, not just blindness.
> 2. who decides if the dog is task trained? Again, we are talking about all
> disabilities and all types of service dogs. People with seizures don't
> have
> them on cue to demonstrate the dog's skills.
>
> A law like this, while well intention, is for all practical purposes
> unenforceable as written. It further has the potential to significantly
> violate any privacy disabled people have regarding their disability. I
> know
> blind people don't have an issue with the privacy part, but other groups of
> disabled folks absolutely do. How about a veteran with post traumatic
> stress disorder having to explain the death and mayhem he witnessed and the
> effects on his life to a clerk at the grocery store.
>
> Maybe this was covered in the law in some way that protects disabled folks
> from being questioned everywhere we go and maybe there are
> provisions to address the privacy concerns. I didn't go read the
> proposed law in it's entirety.
>
> Julie
> On 4/14/2017 7:12 AM, Howard J. Levine via NAGDU wrote:
> >
> >
> > By: Neave H.B. No. 2992
> >
> >
> >
> >
> > A BILL TO BE ENTITLED
> >
> >
> > AN ACT
> >
> > relating to assistance animals used by persons with disabilities
> > and to the prosecution of the offense of misrepresenting an animal
> > as an assistance animal.
> > BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
> > SECTION 1. Section 121.002(1), Human Resources Code, is
> > amended to read as follows:
> > (1) "Assistance animal" and "service animal" mean a
> > canine that is specially trained or equipped to do work or perform
> > tasks to help a person with a disability and that is used by a person
> > with a disability.
> > SECTION 2. Section 121.006, Human Resources Code, is
> > amended by amending Subsection (a) and adding Subsection (a-1) to
> > read as follows:
> > (a) A person commits an offense if the person fits an [who
> > uses a service] animal with a harness, collar, vest, sign, tag, or
> > leash of the type commonly used by persons with disabilities who use
> > trained animals so that the person can gain access, permission, or
> > benefits provided to persons with disabilities who use assistance
> > animals by representing[, in order to represent] that the [his or
> > her] animal is a specially trained service animal or assistance
> > animal when training has not in fact been provided or is not being
> > provided
> > .
> > (a-1) An offense under Subsection (a)[,] is [guilty of] a
> > misdemeanor punishable [and on conviction shall be punished] by:
> > (1) a fine of not more than $300; and
> > (2) 30 hours of community service to be performed for a
> > governmental entity or nonprofit organization that primarily
> > serves persons with visual impairments or other disabilities, or
> > for another entity or organization at the discretion of the court,
> > to be completed in not more than one year.
> > SECTION 3. The changes in law made by this Act to Section
> > 121.006, Human Resources Code, apply only to an offense committed
> > on or after the effective date of this Act. An offense committed
> > before the effective date of this Act is governed by the law in
> > effect when the offense was committed, and the former law is
> > continued in effect for that purpose. For purposes of this section,
> > an offense was committed before the effective date of this Act if
> > any element of the offense occurred before that date.
> > SECTION 4. This Act takes effect September 1,
> >
> > -----Original Message-----
> > From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Buddy
> > Brannan
> via
> > NAGDU
> > Sent: Friday, April 14, 2017 5:13 AM
> > To: NAGDU Mailing List, the National Association of Guide Dog Users
> > Cc: Buddy Brannan
> > Subject: Re: [NAGDU] HB2992
> >
> > <broken_record>
> > I think this bill, well intentioned as it is, and as most of this sort
> > do, is coming at the issue from the wrong angle, judging only by your
> > summary
> of
> > it.
> > </broken_record>
> >
> > --
> > Buddy Brannan, KB5ELV - Erie, PA
> > Phone: 814-860-3194
> > Mobile: 814-431-0962
> > Email: buddy at brannan.name
> >
> >
> >
> >
> >> On Apr 14, 2017, at 1:55 AM, Jessica N. Naert via NAGDU
> <nagdu at nfbnet.org>
> > wrote:
> >> Some of us have discussed this a little bit before. On Monday in
> >> Texas,
> HB
> > 2992 is going to committee to be discussed. Victoria Neave's office
> authored
> > this bill. Here is what it hopes to accomplish:
> >> Would provide that a person commits a misdemeanor offense when they
> > falsely represent their animal as a service animal in order to gain
> access,
> > permission, or benefits reserved for people with disabilities who use
> > service animals. False representation would occur when a person fits
> > an animal with a harness, collar, vest, sign, tag, or leash of the
> > type commonly used by service animals when the animal has not in fact
> > been specially trained.
> >> For the actual language of the bill:
> >> http://www.capitol.state.tx.us/tlodocs/85R/billtext/html/HB02992I.htm
> >>
> >> What do you all think?
> >> _______________________________________________
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> >> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/buddy%40brannan.na
> >> me
> >
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> >
> > ---
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>
>
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--
Marianne Denning, TVI, MA
Teacher of students who are blind or visually impaired
(513) 607-6053
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