[NAGDU] Service Animal Article from Associated Press

Mon Nov 20 12:05:16 UTC 2017

Wayne,

	What you state is very true about the presence of an emotional support animal in a housing accommodation. There is also an intersection between the ADA and the FHA when it comes to the public areas of a housing accommodation. For instance, it is my understanding the public areas, such as the pools, clubhouse, fitness centers, etc.,  are governed by the ADA while only the residence and the direct path to it are governed by the Fair Housing Act. It is also my understanding from the article that the dog is a service animal, not an emotional support animal, cinse it specifically states the dog is trained to mitigate a panic disorder.

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 Wayne & Harley via NAGDU
Sent: Sunday, November 19, 2017 3:55 PM
To: Renee Walker via NAGDU
Cc: Wayne & Harley
Subject: Re: [NAGDU] Service Animal Article from Associated Press

*Hello,
Since this is a housing issue, my understanding is, the FHA, not the ADA 
should be the law that pertains.
Under the FHA, the owner of an ESA, may request a "Reasonable 
Accommodation" for their ESA to be in non-pet friendly housing.
Just my $.02 worth

Wayne And Harley D

k9dad at k9di.org

*On 11/14/2017 1:54 PM, Renee Walker via NAGDU wrote:
> Emotional support animals are not protected by ADA because they are not trained to do a task to help a person in need. There are anxiety and autism service dogs that are trained to do several tasks that recognize and specifically break a cycle of panic or behavior of a person such as alerting the person with a specific signal that they are starting to get upset, pushing a person away from an area of triggers, getting a person in a safe position such as on the floor and providing weight resistance by getting in their lap or laying across their body, or going to get help. Those tasks are tasks covered by ADA. It is very involved and intense work for the service animal. I am not sure about this specific case, but by mentioning it was a service animal protected by ADA, I have to assumed it was a dog trained to do certain tasks to break anxiety cyclic behaviors.
>
> In The Shadow of The Master Teacher, Jesus Christ,
> Renée K. Walker, Ed.S.
> Principal/CEO
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>> On Nov 14, 2017, at 2:46 PM, S L Johnson via NAGDU <nagdu at nfbnet.org> wrote:
>>
>> Marion:
>>
>> I thought that emotional support dogs were not considered service dogs.  Has
>> this dog been specially trained or is it just her pet that she is claiming
>> to be a trained service dog?
>>
>> -----Original Message-----
>> From: NAGDU President via NAGDU
>> Sent: Tuesday, November 14, 2017 2:11 PM
>> To: NAGDU Mailing List,the National Association of Guide Dog Users ;
>> txagdu at nfbtx.org ; vagdu-request at nfbnet.org ; Michigan Guide Dog Users
>> Committee List ; coagdu at nfbnet.org ; oagdu at nfbnet.org ; flagdu at nfbnet.org ;
>> nagdu-leaders at nfbnet.org ; hotlinestaff at nfbnet.org
>> Cc: NAGDU President
>> Subject: [NAGDU] Service Animal Article from Associated Press
>>
>> Dear Fellow Federationists,
>>
>>
>>
>> I am forwarding this article which appeared on today's AP wire concerning a
>> recent
>> Court decision between two individuals with disabilities who had a dispute
>> concerning the presence of a service animal and the resolution. Please have
>> a read!
>>
>>
>>
>> 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.
>>
>>
>>
>> From: Marion Gwizdala [mailto:marion.gwizdala at verizon.net]
>>
>>
>>
>>
>>
>> Updated At 12 oh 5 AM.. Judge weighs sorority sisters' dispute over dog
>> Judge weighs sorority sisters' dispute over dog The Associated Press
>> COLUMBUS, Ohio . COLUMBUS, Ohio (AP) A federal judge is deciding whether a
>> dog trained to help an Ohio State University student during panic attacks
>> can stay at her sorority house despite another student's allergy. The
>> Columbus Dispatch reports the university ordered Madeleine Entine to remove
>> her dog, Cory, from the Chi Omega sorority house because another resident
>> complained that the dog inflamed her allergies and, in turn, her Crohn's
>> disease. A school official determined that both students were protected
>> under the Americans with Disabilities Act and the only solution was to allow
>> the person who signed up for their room first to stay in the house. Entine
>> filed a temporary restraining order against the university on Oct. 26. A
>> judge is weighing whether to issue a permanent injunction allowing her and
>> the dog to stay.
>>
>>
>>
>>
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