[NAGDU] service animals

Julie Johnson julielj402 at gmail.com
Mon Apr 24 17:11:19 UTC 2017


This is what I am trying to explain. It does not make a difference if 
the dog is a service animal or not in this case.  He was not under the 
control of the handler and was creating a disturbance.  If he was a pet 
he shouldn't be in there.  If he was a service dog he shouldn't be in 
there acting like that.  Either way the dog needed to go.

I hope this is clear.  The behavior of the dog matters, a lot. Service 
dog or not, if it isn't acting appropriately and the handler isn't doing 
something about it, then the person needs to take the dog out of the store.

We don't need to determine if ill behaved dogs are truly service dogs or 
not.  It simply makes no difference on whether or not they can stay.  
Badly behaved dogs of any stripe do not belong in stores.  The handler 
needs to be asked to take the dog out.

Service dogs, by definition, are highly skilled, extensively trained.  
If a dog is not behaving at the level of a service dog and the handler 
is not addressing it, then that is all we need to know.

There need not be any questioning of the handler about the nature of the 
disability or what the dog does.  You can clearly tell if the dog is a 
menace.  That is enough grounds to ask for the dog to be removed.

Julie


On 4/24/2017 11:59 AM, Bob Hicks via NAGDU wrote:
> Yes, Tammy.  I need to see what the law says for Wheeling, WV.  The people
> in this case are/were customers.    thanks
>
> Have a great day!
>
> Bob Hicks
>
>
> -----Original Message-----
> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Tami Jarvis via
> NAGDU
> Sent: Monday, April 24, 2017 12:07 PM
> To: NAGDU Mailing List, the National Association of Guide Dog Users
> <nagdu at nfbnet.org>
> Cc: Tami Jarvis <tami at poodlemutt.com>
> Subject: Re: [NAGDU] service animals
>
> Bob,
>
> If the dog is trained to alert and/or take some action for the handler's
> disabling anxiety, then it is a service dog, no matter what it does or
> doesn't wear. Letting it run all over the restaurant is bad handling,
> whether it's a service dog or not, not to mention problems if the health
> department knows about it. Are these people owners or staff, or are they
> customers? The restaurant has the right to bar the dog, even if it is a
> service dog, if it is behaving badly and the handler is not taking action to
> keep it under control. As I understand it, a service dog in a place of
> public accommodation must be on leash or under voice control, unless your
> state law says differently.
>
> Anyway, since you don't know if the woman's anxiety amounts to a disability
> or what the dog is or is not trained to do about it, there's no way for you
> to determine if it is a legally defined service dog or not.
>
> Tami
>
> On 04/24/2017 06:15 AM, Bob Hicks via NAGDU wrote:
>> Hi. Our favorite restaurant has a couple with a small pet which they
>> refer to asn a service animal helping the lady to cope with anxiety.
>> I told the owner, who frequently makes over my black lab from Pilot
>> dogs that it is not a service animal in the same sense as my Susie.
>> Is a small dog in a sweater, no leash nor harness, allows to run all
>> over the restaurant actually a "service animal"?  thanks
>>
>> Have a great day!
>>
>> Bob Hicks
>>
>> -----Original Message-----
>> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Dan Weiner
>> via NAGDU
>> Sent: Sunday, April 23, 2017 9:21 AM
>> To: NAGDU Mailing List, the National Association of Guide Dog Users
>> <nagdu at nfbnet.org>
>> Cc: Dan Weiner <dcwein at dcwein.cnc.net>
>> Subject: [NAGDU] service animals
>>
>> a question of curiosity...I know of service dogs and guide horses, are
>> there any other service animals, that is to say animals that would fit
>> the definition of service animal, individually trained for a task or
>> tasks that mitigate a disability?
>>
>> I used to hear of Capuchin monkeys (sorry for spelling) trained as
>> service animals though that seems not to  be talked about much any more.
>>
>> Take care and enjoy the day.
>>
>> Dan and service dog, Parker--smile
>>
>>
>>
>>
>> On 4/22/2017 11:28 PM, Wayne & Harley via NAGDU wrote:
>>> *Hello Mr. Gwizdala,
>>> Respectfully, I must disagree with regards to using Service Animal.
>>> It's too misleading.
>>> I believe, and think that we should be more plain spoken and use
>>> Service Dog. That, however, is merely my own opinion.
>>>
>>> Yours, Very Sincerely And Respectfully,
>>>
>>>
>>> Wayne M. Scace
>>>
>>> *On 4/14/2017 10:30 AM, NAGDU President via NAGDU wrote:
>>>> I am in agreement with Cindy. I missed this part when reading the
>>>> measure. I believe it is a good practice for us to make sure
>>>> legislation uses consistent terminology and that terminology should
>>>> be "service animal" in all access legislation.
>>>>
>>>> Fraternally yours,
>>>> Marion
>>>>
>>>>
>>>> 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 Cindy Ray
>>>> via NAGDU
>>>> Sent: Friday, April 14, 2017 10:44 AM
>>>> To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
>>>> Cc: Cindy Ray
>>>> Subject: Re: [NAGDU] HB2992
>>>>
>>>> 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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>>>>>> me
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