[NAGDU] Refused at medical office

Fri Dec 21 15:14:22 UTC 2018

Marion is right of course. In fact, a sort of reverse discrimination is happening more and more. At least once a week I hear stories or receive calls about people with guide dogs who have been refused access or challenged severely because their dogs are not “wearing vests or capes that say SERVICE DOG. No, the harness is not enough for some of these people and I would love to know where they are getting this little bit of misinformation. It’s too similar to be just one or two people in one or two locations. 

Conspiracy theorist? Who, me? 

> On Dec 21, 2018, at 9:21 AM, NAGDU President via NAGDU <nagdu at nfbnet.org> wrote:
> 
> Danielle,
> 
> 	You raise an important topic that many guide dog training programs erroneously assert - that your guide dog must be wearing its harness as a condition of legal access. The ADA and most state laws (I say "most" because I cannot categorically state "all" since I don't know each law) define a service animal as any animal (usually a dog) that has been individually trained to do work or perform tasks for the benefit of a person with a disability or some similar definition. Though some states do require the wearing of specific gear, these laws are unenforceable as they are incongruent with federal law and, if enforced, would violate the ADA's regulations. The essential element of a service dog is its training and that training can never be extracted, though it can be compromised by less than diligent handlers. 
> 
> 	I have frequently asserted that I sometimes take a walk with my dog out of harness, using my white cane for mobility. If I decide to stop into a store to pick up some water or do a bit of other shopping, my dog is still a service dog and I still have the same rights of access and the same responsibilities. Not all service animals require specific gear to do their work or tasks, as in an dog trained to pick up drop items, open doors, turn on lights, etc. Though our guide dogs do wear such specific gear, many programs train their dogs to leash guide, something that is very simple to teach once the guide work has been established. It is good to have these sorts of discussions, as it makes us better advocates by sharing the knowledge we need to do so.
> 
> 
> 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
> Visit our website
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> 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 Danielle Sykora via NAGDU
> Sent: Thursday, December 20, 2018 8:32 PM
> To: NAGDU Mailing List, the National Association of Guide Dog Users
> Cc: Danielle Sykora
> Subject: Re: [NAGDU] Refused at medical office
> 
> Service dogs are not allowed in sterile environments; however, they must be truly sterile. Service dogs are not permitted in the OR or typically burn units where mask/gloves/other procedures are necessary. Exam rooms are definitely not sterile environments. Generally, if you can walk in with your normal clothes and shoes, your service dog can accompany you.
> I believe Peter uses a guide dog and his wife uses a non-guiding service dog, correct me if I’m wrong. Most service dogs do not wear guide harnesses, and it is unfair to say that a dog must wear a guide harness or discrimination is acceptable. 
> Danielle, Thai, and Jackie  
> 
> Sent from my iPhone
> 
>> On Dec 20, 2018, at 7:19 PM, Sandra Johnson via NAGDU <nagdu at nfbnet.org> wrote:
>> 
>> Peter:
>> 
>> It is not uncommon to have medical facilities say a dog cannot accompany a patient into a sterile area.  This is not discrimination but patient safety. I recently had this situation.  My doctor and staff are all aware that I am blind and that Eva is a guide dog.  However, the medical proceedure was being done in a sterile area therefore Eva could not accompany me.  I was asked if anyone was with me that could watch my dog.  When I informed them I was alone several staff members eagerly offered to watch her while I was in the sterile area.  Second, the dog is your guide dog, not your wife's. Therefore right of access with a service dog laws would not cover her wanting your dog with her.  Finally you did not say your dog was in a standard guide dog harness.  If she is not in harness, how is anyone supposed to know she is a trained guide dog.  Anyone can buy service dog gear online so the general public and any medical professionals cannot tell the difference.  This is why I and many others feel a government issued ID card for professionally trained guide and service dogs is what should be done.  I am tired of all the fake service dogs making my life difficult.  I know in your case the dog is necessary but it is important for you to be sure she can be identified as a guide dog not a pet.
>> 
>> 
>> 
>> -----Original Message----- From: Retina via NAGDU
>> Sent: Thursday, December 20, 2018 6:32 PM
>> To: NAGDU Mailing List,the National Association of Guide Dog Users
>> Cc: Retina
>> Subject: [NAGDU] Refused at medical office
>> 
>> Hi folks,
>> 
>> Will the legally informed of you please advise me…
>> 
>> My wife and I just went into an MD Aesthetician’s office to inquire about a procedure.  I had Metukah, and she had here service dog Kira.  On entering, the receptionist, instead of “hello,” said to us at the door, “Sorry, the dog will have to go outside”.  Andrea said, “She’s a service dog; by federal law she can he can be with me.”
>> 
>> The receptionist called over another who took over.  She asked a few operative questions about whether she had advance paperwork for the procedure.  As she did the room temperature dropped.  She followed that that Kira could not accompany her into an exam room, “because they are sterile.” This was curious, because we had recently visited a physician in a clinic up in Portland, where were inquiring as well in case the procedure might be done up there.  They had no issue in the lobby, or in the exam room.
>> 
>> In this case, when Andrea said in response that there should not be an issue and that by law she could accompany her in an exam room, (even if not specifically inside a surgical suite which might be understandable), frost formed on this receptionist and on the walls.
>> 
>> My wife said to me that she was uncomfortable, picked up the paperwork, and we left.  Too bad, because this physician was a wonderful man and a great doctor who once saved her life with emergency surgery.  We knew that since his career change to skin, he’d probably be one of the best locally.
>> 
>> We would like to do him the courtesy of writing an informational letter so that he learns what happened and has a chance to get his staff educated.  My wife said that she is considering filing a complaint with DOJ.  But before that, we should simply get clear information as it applies to this specific circumstance.  Can one of you who is clear on ADA with this specific type situation inform us?
>> 
>> Thanks,
>> Peter
>> 
>> 
>> 
>> 
>> 
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