[NAGDU] Service Animal Article from Associated Press

Mon Nov 20 19:43:35 UTC 2017

Marianne,

	You are correct. I am not in a position, though, to speak to this specific animal. What the article states and what, I am sure the judge has considered are the facts presented in the article that the individual is a person with a disability as defined by the ADA and the animal is a service animal individually trained to perform tasks or do work for the benefit of a person with a disability. 

Fraternally yours,
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 Marianne Denning via NAGDU
Sent: Monday, November 20, 2017 8:17 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Cc: Marianne Denning
Subject: Re: [NAGDU] Service Animal Article from Associated Press

Marion, please correct me if I am wrong but the service dog must be specifically trained to do a task. Just calming someone down who has panic attacks is not "specifically trained" is it? It would have to do something like alert the individual that a panic attack is near, get the person out of the stressful situation...

On Mon, Nov 20, 2017 at 7:05 AM, NAGDU President via NAGDU <nagdu at nfbnet.org
> wrote:

> 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
> > Wynfield Christian Academy
> > DeafBlind Hope
> > 143 Williamson Dr.
> > Macon, GA 31210
> > Monroe County
> > (978) 563-9663
> > Fax: Email documents to rkwalker at wynfieldca.org or mail
> > (478) 845-2294 (Deaf IP Relay direct line)
> >
> >
> >
> >> 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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> >>
> >>
> >>
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> deafblindhope%40gmail.com
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--
Marianne Denning, TVI, MA
Teacher of students who are blind or visually impaired
(513) 607-6053
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