[NJAGDU] FW: [Nfbnet-members-list] Have You Been Maltreated by a Guide Dog Program?

Fri Jun 19 12:52:17 UTC 2020

From: NFBNet-Members-List <nfbnet-members-list-bounces at nfbnet.org> On Behalf
Of Marion Gwizdala, President via NFBNet-Members-List
Sent: Thursday, June 18, 2020 8:36 PM
To: nfbnet-members-list at nfbnet.org
Subject: [Nfbnet-members-list] Have You Been Maltreated by a Guide Dog
Program?

                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
<mailto: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 <mailto: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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