[NAGDU] fines for bad behavior
Julie Johnson
julielj at neb.rr.com
Mon Feb 12 13:03:13 UTC 2018
I was sort of pondering how exactly a law like this could be enforced. It
does put quite a lot onto the responding police officer.
I've been thinking a lot about the problems with ill behaved dogs and what
to do about it. I am completely in favor of behavior needing to be the
standard and helping businesses to understand they can disallow people with
ill behaved dogs.
This is just an idea and admittedly I haven't thought through all the pros
and cons, but I'm tossing it out as food for thought, not an absolute this
is what needs done. I believe in careful thought before committing to an
idea and community careful thought before committing to an action that would
affect a large group of people.
What if there were laws that made the person directly responsible for the
actions of their dog? Some laws already exist of this nature, but I do not
believe they are strong enough or are worded in the way I am thinking. I am
suggesting that if a person's service or emotional support dog bites
someone, then the person be charged with assault in the same way the person
would be charged if they had directly done the biting. Legally, a service
dog is considered to be a medical appliance. So my logic is that if I took
my white cane and whacked a person, that would be assault. I'm viewing lack
of control or inappropriateness on the part of the dog to be directly the
handler's legal responsibility.
Obviously this idea needs a lot of work. I get that, but perhaps it is a
direction we can explore. Some states have laws that make it a criminal
offense for a person or their pet dog to interfere with a service dog team.
I'm thinking the opposite also needs to be true. A disabled person and
their service dog needs to not interfere criminally with the public.
Please help me think through this idea more fully. Perhaps it's the dumbest
thing ever. That's okay. I think it's at least worth some discussion
though.
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>
-----Original Message-----
From: NAGDU President via NAGDU
Sent: Sunday, February 11, 2018 1:43 PM
To: 'NAGDU Mailing List,the National Association of Guide Dog Users'
Cc: NAGDU President
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>
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