[NAGDU] fines for bad behavior

Sun Feb 11 20:24:56 UTC 2018

I agree that education is the better way to go.  It seems I have been having to do that a lot over the past seven years.
Jordan

-----Original Message-----
From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of NAGDU President via NAGDU
Sent: Sunday, February 11, 2018 1:43 PM
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] fines for bad behavior

Dear All,

	The National Asssociation of Guide Dog Users does not have an official  position on this issue. My personal opinion is that these laws, though possibly a deterrent to those who would misrepresent their pets as service animals to gain access to public places where pets are generally not allowed, are unenforceable. The Americans with Disabilities act prohibits public entities and private entities that provide public accommodations from making specific inquiries about the nature or extent of a person’s disability or asking for identification or other documentation that an animal has been trained. This means that a law enforcement officer, as an agent of a public entity, may not make such inquiries beyond the two allowed by the implementing regulations:1. Is this a service animal required because of a disability? and 2. what task or work has the animal been trained to perform?

	This raises the question of how it will be determined a person is misrepresenting themselves as a person with a disability and the dog as a service animal? I perceive the only way this sort of measure might be enforced would be if a person were denied access with their animal, file a charge against the establishment, and when the court asked for proof the individual had standing to pursue the charges, found that there was no evidence the dog had been trained. In other words, I think it is highly unlikely this measure will ever be enforced.

	These things being said, I believe a better approach is to educate businesses as to their rights to exclude dogs that are not under control and what, exactly the definition and application of “direct threat” means  under the ADA and state law.

	I would be open to hearing your thoughts and suggestions on this issue.

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: Saturday, February 10, 2018 1:01 PM
To: the National Association of Guide Dog Users NAGDU Mailing List
Cc: Julie Johnson
Subject: [NAGDU] fines for bad behavior

Washington House Approves Fines For People Who Lie About Non-Trained Service Animals By Doug Nadvornick • Feb 8, 2018 http://spokanepublicradio.org/post/washington-house-approves-fines-people-who-lie-about-non-trained-service-animals

People with trained service animals helped write a bill in the Washington legislature that would fine owners who fraudulently claim their animals are trained.
Credit Spokane Cares    
The Washington House has taken a step toward punishing people who misrepresent their animals as service animals.

The chamber on Thursday approved a bill that gives law enforcement officers the right to question animal owners if it’s not obvious the person has a disability. If it’s determined the owner is lying, the officer can write a ticket that carries a fine of up to $500.

Supporters say many people take advantage of the federal law that allows trained service animals to accompany their owners anywhere.

“When we start having issues in our grocery stores, our libraries, our restaurants, where people are bringing in not only service dogs that are not service dogs, but also other animals, animals such as a snake or a cat and trying to misrepresent them as service animals, then we have trouble for citizens and for especially those in the disabled community who support this bill,” said Rep. Joan McBride (D-Kirkland).

Rep. Vincent Buys (R-Lynden) says people with trained service animals helped to craft the bill.

“Having non-trained service animals or emotional service animals, emotional support animals, it is very distracting and I think it does a disservice to those citizens that need that support," Buys said.

The vote in the House was unanimous. The bill now moves to the Senate.

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>
_______________________________________________
NAGDU mailing list
NAGDU at nfbnet.org
http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
To unsubscribe, change your list options or get your account info for NAGDU:
http://nfbnet.org/mailman/options/nagdu_nfbnet.org/blind411%40verizon.net

_______________________________________________
NAGDU mailing list
NAGDU at nfbnet.org
http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
To unsubscribe, change your list options or get your account info for NAGDU:
http://nfbnet.org/mailman/options/nagdu_nfbnet.org/jordangandbelto%40gmail.com