[Nfbf-l] Guide dog policies and solutions

Thu May 2 15:33:23 UTC 2019

Marion's explanation of the law pertaining to airlines is informative.  The distinction between service and emotional support animals does create a source of confusion, though.  

Bill Outman 

-----Original Message-----
From: Nfbf-l [mailto:nfbf-l-bounces at nfbnet.org] On Behalf Of Janet Beyer via Nfbf-l
Sent: Wednesday, May 01, 2019 5:28 PM
To: NFB of Florida Internet Mailing List
Cc: Janet Beyer
Subject: Re: [Nfbf-l] Guide dog policies and solutions

Can you please help me with the difference of airlines some requesting travel/health certificates for my guy dog.  Is that type of document also like his identification not to be provided or is this the only document that I need to provide some requirement and some don’t

Sent from J Beyer’s iPhone, Have a Bless Day!

> On May 1, 2019, at 2:59 PM, Marion Gwizdala via Nfbf-l <nfbf-l at nfbnet.org> wrote:
> 
> Bill,
> 
>    I have written on this topic in the past and will reiterate - very 
> briefly - what I share as standard protocol, focusing upon the topic 
> at hand concerning one's allergies to dog dander. First of all, the 
> law classifies individuals with disabilities as a protected class, 
> prohibiting discrimination on the basis of belonging to that class. 
> Other protected classes protected by law include race, creed, 
> ethnicity, gender, and gender identification. An individual with a 
> disability accompanied by a service dog has the legal right to access 
> the goods and services of a public
> (governmental)  entity under Title II of the ADA, and those of private 
> entities providing public accommodations under title III of the Act. 
> The only exceptions would be if the presence of a service animal poses 
> a direct threat, defined as "a significant risk to the health or 
> safety of others that cannot be eliminated by a reasonable 
> modification of policies practices, or procedures", if the animal is 
> out of control and the handler does not take immediate, effective 
> measures to correct the behavior, or if the animal is not housebroken. 
> It is important to note here that it must be demonstrated the presence 
> of the dog poses a direct threat; it cannot be assumed; furthermore, I 
> do not need to prove my dog does not pose a direct threat. This is 
> known as an affirmative defense. In other words, one must prove something does exist not that something does not exist.
> 
>    The statistical information about the prevalence of an allergy to 
> dog dander that rises to the level of a disability is, as stated in my 
> previous message, <0.005%, or 5 in 100,000. According to this 
> research, those with such an allergy would have severe anaphylaxis 
> even if the dander were present on a person's clothing, even if a dog 
> were not physically present.
> 
>    If an individual claiming an allergy to dog dander objects to the 
> presence of the dog, it is up to the individual with the allergy to 
> take appropriate measures to mitigate the situation; it is not up to 
> the individual with a disability to take such measures, as that person 
> is a member of a protected class whose rights preempt the person not a 
> member of that class. So, if I enter a restaurant in which the only 
> seat is near someone claiming an allergy to my dog, it is up to the 
> individual with the allergy to mitigate that situation. In the case of 
> a passenger on para transit, it is understood that the transportation 
> is a shared ride service and that there may be times an individual 
> will be required to share that ride with someone with a service 
> animal. If my ride arrives and a fellow passenger objects to the 
> presence of my guide dog, it is up to the provider to make other arrangements for that passenger, not to deny my ride.
> 
>    If a person has an allergy to dog dander that rises to the level of 
> a disability, we now have what is known as "competing interests". Two 
> members of a protected class are now competing for the same 
> protections. In such a case, the person first served is secured the 
> right and the second person will need to mitigate the situation. In 
> the para transit illustration, if I am the second person with 
> competing interests, I will need to wait for another ride. This would not be considered discriminatory.
> 
>    In all cases involving allegations of discrimination based upon 
> membership in a protected class, the first requirement is to 
> demonstrate standing. This means that, should I file a complaint 
> alleging discrimination based upon the presence of my guide dog, I 
> would need to demonstrate two elements before the case would be heard: 
> I would first need to demonstrate that I am a person with a disability 
> protected by the law under which I file a complaint and that my guide 
> dog meets the definition of "service animal", "any dog individually 
> trained to perform tasks or do work for the benefit of a person with a 
> disability". Failure to prove these two elements would cause a nolle proc or dismissal of the case.
> 
>    If there are any questions, I am happy to answer them so we, as 
> advocates, can provide the most accurate information.
> 
> Fraternally yours,
> Marion
> 
> -----Original Message-----
> From: Nfbf-l [mailto:nfbf-l-bounces at nfbnet.org] On Behalf Of Bill 
> Outman via Nfbf-l
> Sent: Wednesday, May 1, 2019 1:44 PM
> To: 'NFB of Florida Internet Mailing List'
> Cc: Bill Outman
> Subject: [Nfbf-l] Guide dog policies and solutions
> 
> Good afternoon, list.  
> 
> I have noted with interest the recent discussion about guide policies 
> relating to the paratransit contractor that has graciously volunteered 
> to provide transportation service to those leaving the convention on 
> Memorial Day.
> 
> 
> 
> Marion, your expertise on the detials of the law is unquestioned.  Yet 
> I am troubled by seeming lack of consideration for those who may be 
> facing a legitimate issue.  I understand this issue has been used as a 
> cover discriminatory actions borne out of ignorance, but I have a 
> difficult time believing this is the case in every instance.
> 
> 
> 
> Those of us who profess a Christian faith are called to not only 
> consider our rights but also show due concern to the rights and needs 
> of others as well.  We cannot just say, "Sorry, Charlie" to those who 
> may be facing difficult challenges such as an allergy that we may not always be aware of.
> The vehicle space issue, yes, has been abused, but at some point does 
> have some legitimacy, as vehicles are of finite size.
> 
> 
> 
> What I need you to do is propose an affirmative solution, not just 
> state what is prohibited in law and regulation, to these issues.  What 
> accomodations/arrangements are permitted, and would in fact be 
> adoptable as best practices, that would satisfy both the legal 
> requirement for equal treatment and address the health and safety 
> needs of other riders/drivers of various modes of transport?
> 
> 
> 
> I don't want us to merely state what we are against, but what we would 
> be in favor of.
> 
> 
> 
> Bill Outman
> 
> 
> 
> _______________________________________________
> Nfbf-l mailing list
> Nfbf-l at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nfbf-l_nfbnet.org
> To unsubscribe, change your list options or get your account info for
> Nfbf-l:
> http://nfbnet.org/mailman/options/nfbf-l_nfbnet.org/marion.gwizdala%40
> verizo
> n.net
> 
> 
> _______________________________________________
> Nfbf-l mailing list
> Nfbf-l at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nfbf-l_nfbnet.org
> To unsubscribe, change your list options or get your account info for Nfbf-l:
> http://nfbnet.org/mailman/options/nfbf-l_nfbnet.org/janetnfb%40gmail.c
> om

_______________________________________________
Nfbf-l mailing list
Nfbf-l at nfbnet.org
http://nfbnet.org/mailman/listinfo/nfbf-l_nfbnet.org
To unsubscribe, change your list options or get your account info for Nfbf-l:
http://nfbnet.org/mailman/options/nfbf-l_nfbnet.org/woutman%40earthlink.net