[NFBWV-Talk] Fwd: [Nfbnet-members-list] Have You Been Maltreated by a Guide Dog Program?

[Sheri Koch]

Sheri Koch, President
National Federation of the Blind of West Virginia
304-993-5103



Begin forwarded message:

> From: "Marion Gwizdala, President via NFBNet-Members-List" <nfbnet-members-list at nfbnet.org>
> Date: June 18, 2020 at 8:36:07 PM EDT
> To: nfbnet-members-list at nfbnet.org
> Subject: [Nfbnet-members-list] Have You Been Maltreated by a Guide Dog Program?
> Reply-To: "Marion Gwizdala, President" <president at nagdu.org>
> 
>  
>                 The National Association of Guide dog Users, a strong and proud division of the National Federation of the blind,  has recently been contacted by several individuals telling us that the guide dog program from which they received their dogs has been inserting themselves into their personal lives without consent at a level that is abusive and could be considered illegal. It is important to know that the incidents I am sharing do not represent all the concerns we have received, happened with three different guide dog training programs, and are not isolated incidents; rather, they are illustrative of how many guide dog users are treated by these programs. 
>  
> In one case, the guide dog program contacted one of their consumers, telling them they have been watching their Facebook page and notice a post stating that the quarantine has kept the team from working. This program threatened to remove the dog unless they could prove they have started working the dog again. I find it difficult to believe that this one person is the only one to be watched and contacted.
>  
> We have also been contacted by individuals whom have had their dogs forcibly removed due to the dog’s weight without warning, without due process, with no offer of intervention, and no hope of reunification. One individual was even threatened with arrest for animal abuse by the guide dog training program if the dog was not surrendered immediately.
>  
> We believe such behavior on the part of a guide dog training program is not only abusive and disrespectful to their right of quiet enjoyment. it may also be illegal, constituting Grand theft, since each of these individuals owned their dog.
>  
>                 A couple attending a state rehabilitation center had both of their guide dogs’ harnesses removed abruptly because the Assistant Director of the facility who is also a guide dog user reported that the couple had been banned from the facility because their dogs acted aggressively toward other guide dogs. The guide dog program did not contact the couple in advance and conducted no investigation ; rather, a trainer simply showed up at their door and repossessed the harnesses. I contacted the Director of the facility and he told me the couple was not banned; in fact, they were on the campus as we spoke. The Assistant Director was removed. I contacted the guide dog training program to discuss this issue but they refused to talk to me, citing privacy concerns, in spite of the fact I had a signed authorization to release information. 
>  
>                 It is also worthwhile to note that the trainer who removed the harness also went to the local police department to tell them they had repossessed the harnesses and the dogs were no longer legitimate guide dogs. Fortunately, due to the effort of the local affiliate division, the police officer knew more than the trainer expected and told the trainer they had no intention of interfering with their civil rights to use their dogs and that the essential element of a service dog is its training which cannot be removed. The couple ordered new harnesses from On the go and continued working their guide dogs.
>  
>                 We have also heard from several consumers of one specific training program that trainers regularly contact them for no reason and without notice stating they are five minutes away and demanding to see the guide dog. This program tells their consumers that, if they refuse to give them access to their dog, they will remove it permanently.
>  
> If you have had a guide dog removed or have been threatened with the removal of your guide dog because of its weight, unfounded allegations of abuse or neglect, your unwillingness to subject yourself to the paternalistic practices of a guide dog training program, or been subjected to what you feel is some other form of maltreatment by a guide dog training program, the National Association of Guide dog Users wants to hear from you! Your identity will be kept confidential. If we feel the data we receive is valuable, we may create a report of our findings. All information will be reported as group data, so you will remain anonymous. Please send a narrative of the experience you wish to share to advocacy at nagdu.org.
>                 So, how can you protect yourself from the unwanted, unwarranted interference from your guide dog training program? We want to offer you some guidance and support. First of all, here is the disclaimer: The information provided is informal guidance only; it should not be considered legal advice.       
>  
>                 If you are contacted by a training program and they want to visit, you have the right to politely refuse. Thank them for their concern and let them know everything is okay. You may want to say something like, “I appreciate your interest. If I need some follow-up, I will give you a call.” 
>  
> It is also a good practice to take what is known as contemporaneous notes. These are notes you make during or shortly after a conversation. Simply write down the date and time, along with the details of your contact. It is also helpful if you send an email to the training program with your request to be left alone. These sorts of writings are usually evidentiary in most states should the program attempt to take legal action against you. Frankly, I have never heard of a training program suing a consumer but that doesn't mean it will never happen. 
>  
> If someone from the guide dog training program shows up unannounced or, as above, says they are in the neighborhood, do not give them access to your dog. Guide dog users have fell for the ruse that they just want to see how the dog is working. Once they have the dog and harness, guide dogs have been loaded up and never seen again! Here, again, is a good time for some hard evidence. If you have an iPhone, simply tell Siri, “Record video”. Siri will open the video camera in a matter of seconds. Press one of the volume keys and you are recording. Again, I am not an attorney but there is no expectation of privacy when someone enters your property. As an example, I am installing a doorbell camera and everyone who passes by my house or comes to my door will be audio and video recorded. Your iPhone is just another device.
>  
>                 Should your dog truly need some intensive help and needs to return to the training facility and you are willingly handing your dog over, ask for a written statement that the dog will be returned no matter what the outcome unless you decide otherwise. If they are unwilling to offer a written or even a recorded statement, do not surrender your dog. You will probably never see it again!
>  
>                 If you are threatened with police action if you refuse to allow access to your dog or surrender it, do not be intimidated by this. Law enforcement is only charged with enforcing criminal laws. The relationship between us and the training programs is a civil matter and no law enforcement agency will interfere in a civil disagreement. At the same time, it might be good for you to call the police yourself, as the guide dog training program is trespassing and for this the police can remove them!
>  
> At our annual meeting in 2013, the membership of the National Association of Guide dog Users unanimously endorsed the first-ever Guide Dog consumers’ Bill of rights. You can read this document by visiting
>  
> https://www.nfb.org/sites/www.nfb.org/files/images/nfb/publications/bm/bm11/bm1106/bm110609.htm 
> We believe that the ownership of our guide dogs should be congruent with ownership rights of any property. In other words, no one may deprive us of our right to own and possess our property, including our animals, without due process. I believe guide dog training programs that forcibly remove a dog without our consent and without due process are committing grand theft, a crime which, I believe, is a felony in all states. Should a training program assert there is a report of abuse and they intend to require you to surrender your dog, refuse to allow this. We believe the only method to require the surrender of a guide dog should be if there is evidence of abuse or neglect as the result of a legitimate investigation by the local animal services department. 
>  
>                 The National association of Guide dog Users and the National Federation of the Blind are committed to protecting your civil rights and right to possess your guide dog without undue, unwarranted interference of your guide dog. If you feel you have been maltreated, discriminated against due to your blindness or your choice to use a guide dog, or the intersection of blindness and other disabilities, we want to hear from you. We have tools and resources to resolve most issues and, if we are unable to resolve a particular issue, we can guide you in filing a formal complaint. Please feel free to write or call us for more information.
>  
> With warm regards,
> 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
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>  
> 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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