[NAGDU] TSE access report

Tue May 21 17:50:42 UTC 2024

Last year, TSE conducted a survey about access, open to any guide dog user.
They've collated the data, and I've pasted the note about it and the full
report below my signature.

Tracy

Access Report Now Available

The Seeing Eye Public Access Barriers Survey was conducted in October and
November of 2023. Today, The Seeing Eye issued a press release to the news
media with highlights from the report in hopes of raising more awareness
about the rights of guide dog handlers. The purpose of the survey was to
learn about the types of barriers guide dog handlers are experiencing while
going about their daily lives with their dogs. We intend to use the data to
raise awareness about these issues and channel our advocacy efforts as
effectively as possible. The report is available at this link:
www.seeingeye.org/accessreport
<http://support.seeingeye.org/site/R?i=sNDoVcCB8jScc1ZPznYqFesJaGRdm_zzScowb
s5rX1GkHIxVCV4NRA> .  

Over 500 guide dog handlers throughout the U.S. and Canada took the time to
complete the survey, and we thank all the respondents for their
participation. We are already applying the results of the survey in our
advocacy work and we look forward to involving you in future efforts. 

Please feel free to forward this announcement to anyone who may benefit from
the information.

Access Barriers Report | 5/10/2024 Page 1 of 6

Public Access Barriers for Guide Dog Teams: Survey Report

Background

Advocacy has always been at the core of The Seeing Eye's mission to enhance
the independence and 

dignity of people who are blind or low vision by matching them with Seeing
EyeR dogs. In 1928, as

Morris Frank was matched with Buddy, our co-founder Dorothy Harison Eustis
wisely informed Frank

that Buddy would do him no good if he couldn't accompany him wherever he
needed to go. Prior to the 

passage of the Americans with Disabilities Act (ADA) in 1990, service animal
handlers had limited rights 

to public access. Morris had to engage in ad hoc advocacy, tackling one
barrier at a time. By 1938, near

the end of Buddy I's life, Seeing Eye dogs were permitted on the federal
railroads and the team had 

flown on a United Airlines flight.

Through the efforts of Morris Frank and other advocates, guide dogs became a
presence in society 

before the term "service animal" was widely recognized. They are
scientifically bred and trained to guide 

their handlers safely around obstacles, to stop at landmarks, follow their
handler's directional cues, and 

to intelligently disobey a command that would put the team in danger. They
wear U-shaped harnesses,

and it is generally obvious that they are guiding a blind person.

The passage of federal laws such as the ADA, the Fair Housing Act (FHA), and
the Air Carrier Access Act 

(ACAA) have given people with service animals the right to go virtually
everywhere with their dogs. 

Implementing U.S. regulations have defined service animals as dogs
individually trained to perform a 

task for the benefit of a person with a disability. In Canada, federal and
provincial human rights 

legislation affords people with disabilities access to public places and
other settings with their service 

animals.

A growing understanding of how animals can mitigate the symptoms and
manifestations of both visible 

and invisible disabilities has led to a significant increase in service
animals throughout the United States 

and Canada. Service animals may or may not wear vests or harnesses and may
be performing a task that 

is not obvious to anyone but the handler. Businesses and other public
entities have become increasingly 

confused about what a "real" service animal is. The confusion has been
compounded by people who 

bring their pet dogs into public places that are not trained to perform a
task or behave appropriately in 

those settings. More than half of U.S. states have responded to this problem
by passing laws making it a 

criminal offense to misrepresent a dog as a service animal.

As a result of these developments, The Seeing Eye has been hearing from our
constituents anecdotally 

that barriers to equal access with their Seeing Eye dogs have increased in
recent years. The Seeing Eye 

conducted an online survey of guide dog handlers throughout North America
during October and 

November 2023. In the interest of obtaining a robust sample, the survey was
made available to all guide 

dog handlers in the U.S. and Canada, regardless of where their dog was
trained. The survey was broken

down topically with questions about access barriers encountered in public
places, rideshares, and air 

travel. More than 500 guide dog handlers responded to the survey. Unlabeled
graphic

Access Barriers Report | 5/10/2024 Page 2 of 6

What We Learned

We learned that despite the laws that have been in place for many years to
give guide and other service 

dog handlers equal access, those laws are not nuanced enough to keep up with
our changing 

environment. There is an overall lack of understanding among members of the
public; business owners 

and their employees; and public servants about legitimate service animals.

Access Barriers in Public Places

The survey asked guide dog handlers how frequently they are denied access to
businesses and other 

public places with their dogs. 

. 28% of U.S. and 32% of Canadian respondents said they are denied at least
sometimes.

. 50% of respondents said they are rarely denied access.

. "Frequent" denials were more common in the South (10%) than any other
region of the U.S. and 

handlers said denials were "rare" (60%) most often in the Western U.S.

We learned that certain misconceptions about what businesses can ask of
service animal handlers 

persist. 

. 22% of U.S. respondents and 39% of Canadian respondents have been told
their dogs must be 

wearing a vest to enter public places.

There is no legal requirement in either country that service animals wear
specific equipment to 

demonstrate that they are in fact service animals. Some service animals do
NOT require equipment in 

order to perform their task.

The number of respondents who have been told they must show ID to enter a
business was high.

. 54% of U.S. respondents and 76% of Canadian respondents have been told
they must show ID to

enter a business.

ADA regulations make clear that it is illegal in the U.S. to require that
people with service animals show 

ID to enter a business. Although some Canadian provinces issue government
IDs for service animals and 

while businesses can ask for them, they are not allowed to condition entry
into the business on 

producing the ID if there are other ways to show that the dog is a service
animal.

. Over 50% of respondents in both countries were told they could not enter
with their dogs because 

other people accessing the business could have allergies, which is illegal
in both the U.S. and Canada. 

. Almost 50% of U.S. respondents and over 33% of Canadian respondents have
been told at 

restaurants that they could only sit outside or far from other patrons with
their dogs, even though 

laws in both countries make it illegal to segregate or isolate patrons due
to the presence of a service 

animal. This response was far more common in the Western U.S. (63%).

. It is illegal in both countries to charge fees or deposits due to the
presence of a service animal, 

however, 37% of U.S. respondents and 48% of Canadians experienced this in
settings such as hotels. 

Unfortunately, access barriers are not just denials of entry or unequal
access to goods and services. 

Access barriers are now created by people with poorly controlled dogs that
are not service animals.

Access Barriers Report | 5/10/2024 Page 3 of 6

. Approximately 75% of both U.S. and Canadian respondents reported that
within the past 5 years, 

they have been prevented from safely working with their guide dogs inside
businesses and other 

public places due to an increase in poorly behaved dogs. 

Rideshare Denials and Unequal Treatment

Although rideshare drivers use their private cars when working for companies
like Uber and Lyft, they 

have opened their vehicles to the public and are covered by the ADA and
company nondiscrimination 

policies requiring them to transport people with service animals. 

Rate and Nature of Denials

. Over 75% of respondents in the U.S. and Canada said they use rideshares to
get around with their 

guide dogs. 

. Approximately 80% of respondents who are rideshare users in the U.S. and
Canada have experienced 

a denial of service due to the presence of their guide dogs at some point.

. Approximately 40% of respondents who are rideshare users in both countries
are denied at least 

25% of the time. 

. Approximately 80% of respondents have had their drivers deny rides by
communicating verbally that 

they will not take the dog, even after they know it is a service animal.
Drivers in the Midwestern U.S. 

were most likely to at least communicate with the handler about the denial
(88%)

. 80% of respondents have also had drivers drive away and cancel the ride
without communicating 

with them at all. These types of denials were more common in the
Northeastern U.S. (87%).

Handler Experiences and Response 

. More than 50% of U.S. respondents said they sometimes decide not to bring
their guide dogs with 

them because of their experiences with being denied rides. 

. More than 50% of respondents had drivers who accepted the ride but
complained about having to 

transport the dog throughout the trip. Some guide dog handlers were charged
cleaning fees or 

received bad ratings. The majority fight back by filing discrimination
complaints against the drivers 

with the rideshare company.

. The good news is that over 90% of respondents reported having experiences
with courteous drivers 

who provided a great service. Notably, 95% of respondents who live in the
Northeastern U.S. 

reported experiences with courteous drivers (the highest rated region),
despite drivers in the 

Northeast being the least likely to communicate verbally when they deny
rides.

At least one respondent offered the reminder that handlers also have a
responsibility to treat rideshare 

drivers and their property with respect. "I think handlers should express
respect while educating . 

letting them know that I appreciate the ride and show respect by ensuring
the dog does not climb on 

seats, is very clean and does not smell and offer a reasonable tip . I know
I have rights to access but I 

also know that where I access is not my property and is shared by many.
Respecting that, and 

demonstrating it reassures the driver, that they matter too."

Air Travel

Guide dogs have been flying with their handlers for almost 90 years, and
they did so with relatively little 

hassle until the U.S. Department of Transportation issued regulations in
2020, making it more difficult to 

fly with a service animal. The impetus for the new regulations was the
increase in people trying to pass 

off their poorly behaved pets as service animals. Prior to 2020, the Air
Carrier Access Act (ACAA) 

Access Barriers Report | 5/10/2024 Page 4 of 6

definition of service animal included emotional support animals that did not
have to be dogs and did not 

have to be trained to perform a task. 

The new regulations aligned the definition of service animal with the ADA
definition, meaning that a 

service animal must be a dog trained to perform a task for an accompanying
air traveler with a disability 

in order to fly. This came as a relief to many service animal handlers who
had experienced alarming 

encounters with poorly behaved animals at the airport, but the regulations
did not stop there. Airlines 

are now allowed to require all service animal handlers to complete a form up
to 48 hours before flying 

(assuming the reservation was made that far in advance) attesting to their
dog's health, training, and 

behavior.

Airlines are required to use a standard form available in fillable PDF
format accessible to people who use 

screen readers, but airlines are given wide latitude in the user interfaces
they use for receiving the form 

and tying it to the reservation. Furthermore, although the form supposedly
meets basic accessibility 

guidelines, it does not work reliably on some operating systems with older
screen readers and is not 

compatible with mobile devices. 

. About 63 % of U.S. respondents and 45 % of Canadian respondents said they
travel by air at least 

once per year. 

. 62% of U.S. respondents have had problems completing the forms due to
inaccessibility or a lack of 

technology. 

. 46% of Canadian respondents encounter obstacles related to forms. Canadian
air travel regulations 

have also become stricter, and many Canadians fly in and out of the U.S.,
which may explain the high 

percentage.

People with guide dogs who simply do not have technology or sighted
assistance to complete the forms 

must rely on asking airline employees at the airport to make accommodations
by assisting with the 

forms so they can fly, but that assistance is not guaranteed.

While guide dog handlers figure out how to navigate new access barriers
during air travel, old ones 

persist. Transportation Security Administration (TSA) regulations for
screening service animals have not 

changed recently, but guide dog handlers still regularly encounter officers
who are not informed about

how to appropriately screen a service dog team. 

. Over 50% of respondents have been required by TSA to be separated from
their guide dog during 

screening or to remove equipment from their dog that is necessary for the
dog to work, such as the 

leash, harness, or collar even though these demands go against TSA protocol
for screening service 

animals. 

. At least 25% of respondents said they simply comply with what is being
asked of them to get 

through screening.

. Over 40% do challenge the TSA agent and ask for a supervisor.

Emotional Impact of Access Barriers

The survey gave respondents the opportunity to make open-ended comments
about the access barriers 

they experience while working with their dogs, and some took the opportunity
to articulate the 

emotional toll these challenges take even if no denial of service occurs. 

Access Barriers Report | 5/10/2024 Page 5 of 6

One respondent commented, "Just because I did manage to get onto flights
where an attempt was made 

to deny me service doesn't negate the impact of the experience .. If someone
challenges my entering a 

facility and I simply continue walking it doesn't mean they didn't try to
deny me access. Unsuccessful 

denial attempts don't keep it from happening the next time and do have a
chilling effect on my interest 

in returning to those facilities or can make me exceedingly uncomfortable
the next time I need to go 

there. . I have worried a lot more about how I will deal with denial
attempts. I use ride-share less 

frequently than I might simply because there are times I just don't feel up
to a fight." 

The survey did not ask about the impact of access barriers on family members
of guide dog handlers, but 

one respondent said, "The rideshare issue is my biggest concern. It is
scary, inconvenient, and 

unpredictable, especially with children with me. They feel shame when with
me now and beg me not to 

call a car."

Guide Dog Handlers Will Keep Advocating

Despite access barriers, handlers still prefer the guide dog lifestyle. 

. About 50% of respondents said access barriers have no significant impact
on them or their work with 

their dogs. 

. Only 5% of U.S. survey respondents and less than 1% of Canadians said
access barriers have caused 

them to seriously consider not working with a successor guide dog. 

The majority of respondents said they deal with access denials by educating
the entity about their rights 

or going up the chain of command. Some respondents commented that their dogs
have been well received everywhere and that they have never been denied
access.

Others commented that a confident 

and calm demeanor goes a long way toward moving smoothly through potentially
difficult encounters.

Conclusion

The survey results have shown us that access barriers are influenced by
factors like changes in how 

people travel and laws that miss the mark when attempting to crack down on
fraudulent service animals. 

Work needs to be done to reduce these access barriers and increase awareness
among the public, 

businesses and employees, legislators, law enforcement and other public
officials.

Guide dog schools, handlers, and their allies can lead this effort, but the
greatest challenge will be 

ensuring that those efforts are impactful and well-targeted. Collaboration
between stakeholders and 

state and federal legislators to improve and clarify existing laws is
essential to safeguarding the rights 

and safety of service animal handlers.

Both full-scale educational campaigns and grass roots efforts are equally
important. Individual advocates 

can make a difference by distributing educational materials in their
communities and through social 

media platforms. Educators, businesses and service organizations can invite
stakeholders to give 

presentations to their constituents, with opportunities for dialogue and
respectful listening between 

advocates and the community. 

At The Seeing Eye, education and advocacy for the rights of guide dog
handlers has been an integral part 

of our core goals since Morris Frank returned from Switzerland with Buddy I
in 1928. A media alert 

invited members of the media to a demonstration of Buddy's training, and it
is documented that 

reporters and pedestrians looked on in awe as the team safely crossed one of
the most dangerous 

streets in Manhattan at the time. In 2024, as The Seeing Eye celebrates its
95th anniversary, a new 

Access Barriers Report | 5/10/2024 Page 6 of 6

Advocacy and Government Relations department was established to expand
ongoing advocacy efforts

and allow members of our staff to dedicate their full attention to
continuing this vital work. In the spirit 

of partnership, we ask that you reach out to us and share your stories, both
the successes and challenges

of guide dog partnership and accommodation, so that we may collaborate,
educate, and stay on the 

cutting edge of this issue. 

Visit our Advocacy center at www.seeingeye.org/advocacy
www.seeingeye.org/advocacy for more about guide dog handlers' rights and 

to download The Seeing Eye Advocacy App for Apple and Android devices, which
contains federal, state, 

and provincial laws and regulations in the United States and Canada and
other educational materials.