[NAGDU] Fwd: Service Animals LB 553
Danielle Sykora
dsykora29 at gmail.com
Fri Jan 25 14:05:03 UTC 2019
The big issue with ADI using the term assistance animal is the fact that the ADA defines service animal, not assistance animal. It is very confusing for the public when service animal means any dog trained to perform a task to mitigate a persons’ disability legally, but then another source uses service animal to mean all task trained animals other than guide dogs and yet another source uses service dog to mean mobility dog. I’ve even seen one program alone using service dog in all three ways in their own educational material. I think ADI adopting the term assistance dog just increases the confusion. Since I would say the ADA is arguably the most widely applicable law, it makes sense to use the terminology it defines generally IMO.
Since the FHA and ACAA use assistance animal to cover both SDs and ESAs, I’ve never understood ADIs big push to make service dog and assistance dog synonymous. And yes, I know this proposed law is relevant to the FHA, but the terminology usage carries over between all three federal laws in terms of public understanding.
Danielle, Thai, and Jackie
Sent from my iPhone
> On Jan 25, 2019, at 8:01 AM, Susan Jones via NAGDU <nagdu at nfbnet.org> wrote:
>
> I think the distinction is important, inasmuch as there's a big difference between having an animal live with you and being able to take that animal into public spaces. That's why the Fair Housing Act differs so much from access laws.
>
> Susan
>
>
> -----Original Message-----
> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Jenine Stanley via NAGDU
> Sent: Friday, January 25, 2019 7:19 AM
> To: NAGDU Mailing List, the National Association of Guide Dog Users
> Cc: Jenine Stanley
> Subject: Re: [NAGDU] Fwd: Service Animals LB 553
>
> Mike,
>
> I’d like to expound on your statement about ADI.
>
> In the ’90’s, don’t know exactly when, ADI coined the term Assistance Animal to mean any animal that was task-trained. they did this because of the general rift between guide and service dogs and the tasks they performed.
>
> In ADI, all task trained animals, dogs, are assistance animals. Under that umbrella term there are then guide, hearing, service, seizure alert/detection, other alerting and so on.
>
> Enter the Department of Justice’s Fair Housing Office. It was them who bastardized the term assistance animal to mean emotional support animal. No one knew why or what their reasoning was, other than it sounded better to them. ADI has been arguing that this was harmful then and is harmful and very confusing now.
>
> Honestly, the only two pieces of legislation that sweep task-trained/public access trained and non-task/public access trained animals together under 1 definition are the Fair Housing Act and the Air Carrier Access Act, and look at where most of the fraud happens. the fraud we see in public spaces is a result of those blurred lines in other settings.
>
> Hope that makes sense.
>
>> LOn Jan 24, 2019, at 9:06 PM, Mike Hingson via NAGDU <nagdu at nfbnet.org> wrote:
>>
>> ADI has adopted the position that there are not Service dogs, but only assistance dogs.
>>
>> -----Original Message-----
>> From: NAGDU <nagdu-bounces at nfbnet.org> On Behalf Of marianne denning via NAGDU
>> Sent: Thursday, January 24, 2019 2:37 PM
>> To: 'NAGDU Mailing List, the National Association of Guide Dog Users' <nagdu at nfbnet.org>
>> Cc: marianne at denningweb.com
>> Subject: Re: [NAGDU] Fwd: Service Animals LB 553
>>
>> I think this is very confusing. There is a difference between an assistance or emotional support animal and a service dog. This does not clarify that to me at all. Is there separate service dog legislation? If so, then that legislation would cover our guide dogs.
>>
>> -----Original Message-----
>> From: NAGDU <nagdu-bounces at nfbnet.org> On Behalf Of Matt Hackert via NAGDU
>> Sent: Thursday, January 24, 2019 4:23 PM
>> To: NAGDU Mailing List, the National Association of Guide Dog Users <nagdu at nfbnet.org>
>> Cc: Matt Hackert <matt.hackert at gmail.com>
>> Subject: Re: [NAGDU] Fwd: Service Animals LB 553
>>
>> Here is the text for everyone:
>> LB553 LB553
>> 2019 2019
>> LEGISLATURE OF NEBRASKA
>> ONE HUNDRED SIXTH LEGISLATURE
>> FIRST SESSION
>> LEGISLATIVE BILL 553
>>
>> Introduced by Clements, 2.
>> Read first time January 22, 2019
>> Committee: Judiciary
>> 1 A BILL FOR AN ACT relating to civil rights; to require reasonable
>> 2 accommodation for a person with a disability to have an assistance
>> 3 animal in a dwelling as prescribed; to define terms; and to provide
>> 4 a written verification process.
>> 5 Be it enacted by the people of the State of Nebraska,
>> -1-
>> LB553 LB553
>> 2019 2019
>> 1 Section 1. (1) For purposes of this section:
>> 2 (a) Assistance animal means an animal that works, provides
>> 3 assistance, or performs tasks for the benefit of a person with a
>> 4 disability or that provides emotional support to such person that
>> 5 alleviates one or more identified symptoms or effects of a person's
>> 6 disability;
>> 7 (b) Disability means a physical or mental impairment that
>> 8 substantially limits one or more major life activities of a person;
>> 9 (c) Dwelling means any building, structure, or portion thereof which
>> 10 is occupied as or designed or intended for occupancy as a residence
>> for 11 one or more families; and
>> 12 (d) Health service provider means a physician, psychologist, or
>> 13 mental health practitioner licensed to practice in Nebraska under the
>> 14 Uniform Credentialing Act. It does not include a physician, psychologist,
>> 15 or mental health practitioner whose sole service to a resident of this
>> 16 state is to provide written verification, including written verification
>> 17 from an online or Internet source or web site, in exchange for a
>> fee and 18 provides no other service to such resident.
>> 19 (2) Any person who offers to rent or otherwise make available a
>> 20 dwelling to a resident of this state who is a person with a disability
>> 21 whose disability is not readily apparent and who seeks a reasonable
>> 22 accommodation for an assistance animal in such dwelling may require that
>> 23 the person with a disability provide written verification from a health
>> 24 service provider that:
>> 25 (a) He or she is a person with a disability;
>> 26 (b) There is a disability-related need for the assistance animal;
>> 27 and
>> 28 (c) The assistance animal assists the person with a disability in
>> 29 managing his or her disability.
>> -2-
>>
>>
>>> On 1/24/19, Julie Johnson via NAGDU <nagdu at nfbnet.org> wrote:
>>> Could someone cut and paste the text to the list? I am using older
>>> software and am having difficulty getting to the proposed bill. BTW I
>>> am a Nebraska resident and am seriously interested in this.
>>>
>>> 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?stor
>>> eid=1916046>
>>> -----Original Message-----
>>> From: NAGDU President via NAGDU
>>> Sent: Thursday, January 24, 2019 11:04 AM
>>> To: 'NAGDU Mailing List,the National Association of Guide Dog Users'
>>> Cc: NAGDU President
>>> Subject: Re: [NAGDU] Fwd: Service Animals LB 553
>>>
>>> Matt,
>>>
>>> I have attempted to opoen and read the bill but have been unsuccessful.
>>> Would you please send it to me directly to
>>>
>>> president at nagdu.org
>>>
>>> Thank you very much!
>>>
>>> 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 Matt
>>> Hackert via NAGDU
>>> Sent: Thursday, January 24, 2019 10:03 AM
>>> To: NAGDU at nfbnet.org
>>> Cc: Matt Hackert
>>> Subject: [NAGDU] Fwd: Service Animals LB 553
>>>
>>> Good morning,
>>> The following is a piece of legislation submitted to the Nebraska
>>> Unicameral. I am afraid I am not well-versed in legalese, but some
>>> things do look concerning, and not just for blind guide dog users.
>>> This bill also seems unnecessary.
>>>
>>> Is there someone with the expertise to take a look, and give feedback,
>>> and further assistance, if necessary?
>>>
>>> Thanks and regards,
>>> Matt
>>>
>>> Sent from my iPhone
>>>
>>> Begin forwarded message:
>>>
>>>> From: "Hackert, Matt" <matt.hackert at nebraska.gov>
>>>> Date: January 24, 2019 at 08:57:38 CST
>>>> To: Matt Hackert <matt.hackert at gmail.com>
>>>> Subject: FW: Service Animals LB 553
>>>>
>>>>
>>>>
>>>> From: Jenkins, Carol <carol.jenkins at nebraska.gov>
>>>> Sent: Thursday, January 24, 2019 7:36 AM
>>>> To: Hackert, Matt <matt.hackert at nebraska.gov>; Altman, Jeff
>>>> <jeff.altman at nebraska.gov>; DeWall, Greg <Greg.DeWall at nebraska.gov>
>>>> Subject: Service Animals LB 553
>>>>
>>>> Hello,
>>>>
>>>> Kim Davis from the Commission for the Deaf told me about LB 553 which
>>>> relates to service animals in dwellings. The link below will take you
>>>> to the proposed bill. Kim copied and pasted specific sections of
>>>> concerns
>>>>
>>>> to her, but they are pictures and Jaws won’t read it. Going to the
>>>> link is better. Her concern is for deaf-blind and blind individuals
>>>> who use guide dogs, but there are also other disabilities that use
>>>> various service
>>>>
>>>> animals. Thanks
>>>>
>>>> Warm Regards,
>>>> Carol Jenkins
>>>> Cell: 402-440-8120
>>>>
>>>>
>>>>
>>>> From: Davis, Kimberly J <kim.davis at nebraska.gov>
>>>> Sent: Wednesday, January 23, 2019 4:56 PM
>>>> To: Beth.Jordan at hknc.org; Coonts, Teresa
>>>> <Teresa.Coonts at nebraska.gov>; Tanya Armstrong <tarmstrong at esu4.net>;
>>>> Flearl, Nancy <nancy.flearl at nebraska.gov>; Jenkins, Carol
>>>> <carol.jenkins at nebraska.gov>; Harrie, Brooke
>>>> <brooke.harrie at nebraska.gov>
>>>> Subject: Service Animals LB 553
>>>>
>>>> Nebraska LB 553 relates to assistance animal in a dwelling….
>>>> https://nebraskalegislature.gov/FloorDocs/106/PDF/Intro/LB553.pdf.
>>>>
>>>> My concern is with the written verification process. I found a
>>>> “Special Attention” memo/document by the US Dept of Housing and Urban Development.
>>>> Excerpted from this memo/document below points out when can proof of
>>>> a disability be considered and when it shouldn’t. If you want the
>>>> direct link of this document/memo, it can be found at
>>>> https://archives.hud.gov/news/2013/servanimals_ntcfheo2013-01.pdf
>>>> (from page 3-4). Would love to know your thoughts of this proposed language in
>>>> this bill. By the way, I think I will get a gorilla who can sign! J
>>>>
>>>>
>>>>
>>>> Kim Davis
>>>> Advocacy Specialist
>>>> Nebraska Commission for the Deaf and Hard of Hearing
>>>> 4600 Valley Road, Suite 420
>>>> Lincoln NE 68510
>>>> (402) 261-2657 VP/VRS
>>>> (800) 545-6244 V/TTY
>>>> (402) 742-1120 FAX
>>>> www.ncdhh.nebraska.gov
>>>>
>>>>
>>>>
>>>> This message (including any attachments) contains confidential
>>>> information
>>>>
>>>> intended for a specific individual and purpose, and is protected by law.
>>>> If you are not the intended recipient, you should delete this message.
>>>> Any disclosure, copying, or distribution of this message, or the
>>>> taking of
>>>>
>>>> any action based on it, is strictly prohibited.
>>>>
>>>>
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