[NAGDU] the two questions

Thu Oct 12 03:03:05 UTC 2017

The lack of distraction if the dog wasn't in there might be so, but Andy, keeping your own dog under control is still your responsibility. Once my dog broke away from me at a park because he does that, and this little ankle biter was barking at us. I got him back quickly, but I was kicked out of the park. It doesn't matter what distracted your dog, it is your responsibility to keep him behaved. 

Cindy Lou Ray
cindyray at gmail.com

-----Original Message-----
From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Andy B. via NAGDU
Sent: Wednesday, October 11, 2017 6:49 PM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users' <nagdu at nfbnet.org>
Cc: Andy B. <sonfire11 at gmail.com>
Subject: Re: [NAGDU] the two questions

This is a good point. Under these guidelines, an entity such as Walmart, Target, or Best Buy cannot refuse us our service dogs. On the other hand, since Walmart, Target, and Best Buy have public policy against untrained animals from entering their stores, it is in our best right to educate the managers about the subject. Of course, we have the responsibility of keeping our dogs under complete control. However, when people publically admit that their purse or cart dogs are vested as E.S.A dogs or publically admit that they brought their pet into Target because they had no one to petsit and leaving said pet in a 80 degree car for more than 15 minutes is not sensible, we also have the responsibility of informing the manager that a customer who willingly violated known policy distracted my service dog from work. If that customer did not bring their pet into Best Buy, Alec would have never gotten distracted.

-----Original Message-----
From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Daryl Marie via NAGDU
Sent: Wednesday, October 11, 2017 6:20 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users <nagdu at nfbnet.org>
Cc: Daryl Marie <crazymusician at shaw.ca>
Subject: Re: [NAGDU] the two questions

marion,You bring up an interesting distinction - your non-disabled sister cannot bring your disability-mitigating service dog into places of public accommodation.When I traveled in Montana, I got asked, on two separate occasions, if Jenny was *MY* service dog.it was a distinction I hadn't considered before, and I think I like it :)Daryl
----- Original Message -----
From: NAGDU President via NAGDU <nagdu at nfbnet.org>
To: 'NAGDU Mailing List, the National Association of Guide Dog Users' <nagdu at nfbnet.org>
Cc: NAGDU President <blind411 at verizon.net>
Sent: Wed, 11 Oct 2017 15:36:58 -0600 (MDT)
Subject: Re: [NAGDU] the two questions

Julie,

Though it might seem like a minor correction and we understand that an entity may nhot always phrase the questions correctly, I think it is important that everyone learn the correct phrasing of the questions and why this phrasing is important so we can share them with those who need to know. Here are the questions, along with their explanation:

1. Is this a service dog required because of a disability? - The implementing regulations of the Americans with Disabilities Act require public entities and private entities that provide public accommodations to modify their policies, practices, and procedures to allow an individual with a disability accompanied by a service animal access to the places all patrons are allowed. Someone who does not have a disability is not necessarily allowed to bring an animal into a place, even if the dog is a service dog. In other words, my sister, who is not disabled, does not have the right to bring my service dog into a place that does not allow pets, since she is not covered by the Act under this circumstance. 
2. What tasks or work has the dog been trained to perform? - The essential element of a service dog is that it has been trained to perform tasks or do work that mitigates a person's disability; therefore, "trained to perform" is a very important phrase. By helping those in authority to ask the question correctly, we also help them understand the difference between trained tasks and innate abilities, such as comforting someone with anxiety or cheering up a person with depression, as opposed to task and/or work training. We also empower them to assess the veracity of the first question as to whether or not the dog is really a service animal. 

I think it is also important to share with them that, if a dog is observed doing work or performing tasks that mitigate the disability, e.g., the dog is observed guiding a person who is blind or pulling a wheelchair, such questions are generally not permitted.

Finally, since we are in the midst of "Meet the Blind Month", the National Association of Guide Dog Users has an excellent brochure with full-color pictures of guide dogs at work in various settings available through our Independence Market at the Jernigan Institute. Furthermore, we are actively producing other material specific to particular industries in a variety of media. Our website is also an excellent source of accurate information about the rights and responsibilities of service animal users and access to public and private entities. If anyone has questions or comments, please keep this thread going, since this is an important resource for us all to learn and grow in our roles as advocates!

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 Julie Johnson via NAGDU
Sent: Wednesday, October 11, 2017 11:37 AM
To: the National Association of Guide Dog Users NAGDU Mailing List
Cc: Julie Johnson
Subject: [NAGDU] the two questions

I think most everyone here knows the two questions the DOJ’s guidance on service animals under the ADA allows.
Is that a service dog?
and
What tasks does the dog perform?

However, my understanding is that it is the business that can ask these questions. These questions aren’t open for anyone to ask and answers be required. So I’m thinking that if there is an issue with another dog in a store, it isn’t up to the other shoppers to be asking the two questions. It is up to the store management to ask and deal with any issues that come up. 

Thoughts?
Julie
On The Go with Guide-and-Service-Dogs.com http://www.guide-and-service-dogs.com
also find my products in the Blind Mice Mega Mall <https://www.blindmicemegamall.com/bmm/shop/Directory_Departments?storeid=1916046>
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