[NAGDU] [txagdu] Let's Discuss a Real Advocacy Case
Cindy Ray
cindyray at gmail.com
Mon Mar 5 22:57:13 UTC 2018
Sandra, have you read the attachments that Marion sent to us. The horse is
covered under the ADA. These horses are about the size of a lab. They have
been trained to be accommodated by smaller spaces. I think you must be a
little careful here in your judgments unless you have read the material, and
maybe I am missing something here and you have.
Cindy Lou Ray
cindyray at gmail.com
-----Original Message-----
From: NAGDU <nagdu-bounces at nfbnet.org> On Behalf Of S L Johnson via NAGDU
Sent: Monday, March 5, 2018 4:18 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users
<nagdu at nfbnet.org>
Cc: S L Johnson <SLJohnson25 at comcast.net>
Subject: Re: [NAGDU] [txagdu] Let's Discuss a Real Advocacy Case
Marion:
I would think the animal control officer should make his decision based on
his observation as to what is best for the animal. We are not discussion
the person's right to have a service animal but how and where the animal is
housed. Those are two different things. If the animal control officer
feels that the horse is not housed properly isn't his job to do what he has
to do to get better accommodations for the horse? If the mini horse was not
a service animal the owner would have been given definite guidelines as to
what he had to do to be sure his animal had what was required by law. It
should be no different for a disabled person who claims that his animal is a
service animal. If the mini horse was trained by an organization, then they
should step in and assist with advocacy for their person/horse team. This
is a perfect example of the animal control officer not really knowing what
he can or cannot do in a case involving a disabled animal owner. Too many
animal control officials are afraid of taking any action when the owner has
a disability even if the welfare of the animal is at stake. I still say
this comes right back to us having to better educate these public officials.
In my experience most of them have no clue about the ADA and our rights and
responsibilities for our service animals. For example, what if an animal
control officer found a guide dog living in a house with horrible unsanitary
conditions or being abused. All of us would immediately be shouting that
the dog must be taken away. Well the same is true with this mini horse. If
the living environment is not proper then it is the duty of the animal
control officer to remove that horse until adequate accommodations can be
provided or get it to a more proper home. Whether or not an animal is a
service animal should not effect the actions of any animal control officer.
It It is the responsibility of any animal owner, disabled or not, to be sure
their animal has proper food, housing and that it is treated with kindness.
Therefore now animal control, do your jobs as they are stated in the law.
-----Original Message-----
From: NAGDU President via NAGDU
Sent: Monday, March 05, 2018 9:21 AM
To: 'NAGDU Mailing List,the National Association of Guide Dog Users'
Cc: NAGDU President
Subject: Re: [NAGDU] [txagdu] Let's Discuss a Real Advocacy Case
Jenine,
The other issue here would likely have been that the ADA, the law we have
now established governs this case, defines service animals as only dogs and,
in some cases, miniature horses. An individual claiming goats as a service
animal would not be protected under the ADA. Since we have now established
that the ADA is the applicable law and the miniature horse is a service
animal, what direction can be offered to help the animal control officer
make a sound decision?
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
Follow us on Twitter
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 Jenine Stanley
via NAGDU
Sent: Monday, March 5, 2018 8:55 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Cc: Jenine Stanley
Subject: Re: [NAGDU] [txagdu] Let's Discuss a Real Advocacy Case
Marion,
Looking up the citations for this one but there was a similar case in Ohio,
outside of Cincinnati, a few years back in which a child had 2 goats that
the family claimed had been trained as service animals to help with I
believe his autism. Zoning laws prohibited keeping livestock, similar to
what youb?Tre talking about.
I believe the family lost that case in part because the training claim was
spurious.
> On Mar 5, 2018, at 8:41 AM, NAGDU President via NAGDU
> <nagdu at nfbnet.org>
> wrote:
>
> Sabra,
>
>
>
> You are on the right track here; however, as mentioned
> in another post, since this is not a dispute between a landlord and
> tenant but between a municipality and a citizen, the FHA does not
> apply. This being said, which law and title would be applicable. Once
> we understand this, what within that title makes a mandate in this case?
>
>
>
> 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
>
> <http://nagdu.org/> Visit our website
>
> <http://twitter.com/nagdu> Follow us on Twitter
>
> 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: Sabra Ewing [mailto:sabra1023 at gmail.com]
> Sent: Sunday, March 4, 2018 10:04 PM
> To: txagdu at nfbtx.org
> Cc: NAGDU Mailing List, the National Association of Guide Dog Users;
> coagdu at nfbnet.org; flagdu at nfbnet.org; nyagdu at nfbnet.org; New Jersey
> Association of Guide Dog Users; oagdu at nfbnet.org; vagdu at nfbnet.org;
> nagdu-leaders at nfbnet.org
> Subject: Re: [txagdu] Let's Discuss a Real Advocacy Case
>
>
>
> The Americans with disabilities act clearly states that a service
> animal may be a dog or a miniature horse. It further states that
> service animals are exempt from breed restrictions and zoning
> requirements. I would treat this case as though the person received a
> complaint because zoning requirements or city ordinances did not allow
> for German Shepherd's or Dobermans. In these cases, the teams would be
> exempt because they had service animals and it would be the same with
> the miniature horse because The miniature horse is listed as a species
> of service animal under the Americans with disabilities act. You may say,
but this is housing.
> Therefore, the fair housing act would apply. I would agree that it
> would partially apply but the Americans with disabilities act makes
> more clear what a service animal is. Therefore, I would say that the
> miniature horse is exam, and that the city will be violating the law
> by telling the person to remove their service animal from their property.
>
> Sabra Ewing
>
>
> On Mar 4, 2018, at 6:04 PM, NAGDU President <blind411 at verizon.net> wrote:
>
> Dear All,
>
>
>
> As members of the National Association of Guide Dog
> Users, we are often asked to weigh in on advocacy issues that have a
> real effect on individualb?Ts ability to live the life they want. The
> recent issue with Delta Airlines is a demonstration of why the
> National Federation of the Blind chose to charter the National
> Association of Guide Dog Users to act as an authoritative,
> representative voice of the nationb?Ts guide dog users.
>
>
>
> I recently had the opportunity to help another member
> who needed immediate assistance. This member lives in Baltimore
> County, Maryland and uses a miniature guide horse. Baltimore County
> has a zoning ordinance that prohibits anyone with less than 2 acres to
> keep a horse. An animal control officer was at this personb?Ts home to
> investigate a complaint that the individual was keeping a horse on
> their property of less than 2 acres. The animal control officer was
> advised that the horse was a service animal but the officer was unsure
> of what, if any, bearing this had on the issue. If you were asked to
> comment on this issue, what would be your guidance. Please take the
> time to research this question and provide source citations for your
position.
>
>
>
> Fraternally yours,
>
> Marion Gwizdala
>
>
>
> 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 <http://nagdu.org/>
>
> Follow us on Twitter <http://twitter.com/nagdu>
>
> 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.
>
>
>
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