[Oagdu] Fwd: Forms

Fri Aug 21 16:08:53 UTC 2015

Marianne,

	This is an excellent discussion for this list and, I believe, will
help us all clarify these issues more effectively. There is even a little
more confusion here. The Fair Housing Act uses the term "assistance animal"
and it includes in its definition what is defined as a service animal under
the ADA. When considering housing accommodations, the rules that apply to
assistance animals also apply to service animals, as there is no
differential definition as it pertains to the housing accommodation. As I
stated in a previous message, though, once the resident leaves the housing
accommodation and enters into the place of public accommodation, the rules
of the ADA govern that access. The bottom line is that a housing
accommodation may request documentation of the need for the animal and
require proof of vaccination. A place of public accommodation may not!

Fraternally yours,
Marion Gwizdala

-----Original Message-----
From: Oagdu [mailto:oagdu-bounces at nfbnet.org] On Behalf Of Marianne Denning
via Oagdu
Sent: Friday, August 21, 2015 7:50 AM
To: Ohio Association of Guide Dog Users List
Cc: Marianne Denning
Subject: Re: [Oagdu] Fwd: Forms

Abby, I think the confusion is between service animals and assistance
animals.  Assistance animals are allowed in housing units, where they are
not allowed in other public acommodations.  The person with the assistance
animal can be asked to provide a doctor's statement explaining the need of
the assistance animal while this cannot be
required of an individual using a service animal.    Service animals
are protected under the ADA in housing and public acommodations.  I know
allergies or fear of dogs is not a reason to deny services but housing
starts to get into a gray area.  They are not the same.
Again, many people confuse the two.  If WSU would change the wording to
assistance animals instead of service animals then it would, probably, be
fixed. Finally, assistance animals are not only dogs but can be most animals
unless the animal presents a danger to the owner or others.

On 8/21/15, Abigail Bolling via Oagdu <oagdu at nfbnet.org> wrote:
> Do you all think that this is a reasonable breakdown of how these two 
> forms are unreasonable?
> I want to receive more opinions and someone to help me edit this 
> request before I send it off to ODS.
>
> Thanks,
>
> Abby and Cricket
>
>
> Objections to forms:
> Service animal rules:
> 1. illegal things are being asked.
> Examples:
> (E)
> The student is responsible for assuring that the Animal does not 
> unduly interfere with the routine activities of the residence or cause 
> difficulties for students who reside there. Sensitivity to residents 
> with allergies and to those who fear animals is important to ensure 
> the peace of the residential community.
> Disability Services and Residence
> Life & Housing will work with students in situations where an 
> accommodation for an Animal negatively impacts another student covered 
> by the Americans with Disabilities Act. Housing relocation may be 
> utilized to resolve such conflicts.
>
>
> (J)
> Residence Life
> & Housing
> has the authority to relocate a student and the Animal as necessary 
> per current contractual agreements.
>
> The law states that neither fear, nor allergy is not an acceptable 
> reason to not allow a service animal to be in a residence.
>
> There are three places in this document that state that the person 
> with disabilities must submit a request to have their service animal 
> in housing as shown here:
>
> (G)
> The student must notify Residence Life & Housing and Disability 
> Services in writing if the Animal is no longer needed as a service 
> animal or is no longer in residence. To replace one Animal with a 
> different Animal , the student must file a new request.
>
> By law, a person with a disability who utilizes a service animal is 
> not required to give any notice that they use the service animal.
>
> This policy is unnecessary because the ADA already covers the fact 
> that the handler is responsible for the control, behavior, clean up, 
> and financial responsibilities related to the service animal. The ADA 
> also states that the handler can be asked to remove the service animal 
> from the premises if the animal is being unruly or is out of control 
> and the handler is NOT doing anything to get the animal back under their
control.
>
>
> If, this form is being required because the university is allowing ESA 
> animals on campus, then people with service dogs should be made aware 
> of this document. The document should not be a "contract," but should 
> be a policy that is given to each student who either is registered 
> with the Office of Disability Services, or, just the students with 
> either a service animal or ESA.
> Request for housing accommodations:
> people with permanent disabilities being required to fill this out 
> once a year is unreasonable.
> The requirements for having to fill out the form and subsequently have 
> the doctor fill out the form should be:
> 1: the disability changes: Another disability is diagnosed or worsens, 
> or if the disability is "cured" or becomes resolved in any way.
>
> 2: if the student in question does not require any of the listed 
> accommodations on the form, they should not have to have this filled 
> out each year.
>
> Every student that is registered with the Office of Disability 
> services is required to have a documented disability on file, and a 
> form signed by their doctor confirming this disability.
> to require subsequent information confirming a permanent disability 
> would then be redundant.
>
> For more information about the laws protecting service animals, see:
> www.nagdu.org
>
> -------- Forwarded Message --------
> Subject: 	Forms
> Date: 	Thu, 20 Aug 2015 19:54:12 +0000
> From: 	Bonza, Angela Marie <angela.bonza at wright.edu>
> To: 	Bolling, Abigail Marie <bolling.8 at wright.edu>
>
>
>
> Abby,
>
> Please complete the two attached forms.
>
> Thanks,
>
> Angie
>
> Angela Bonza, MRC, ATP, GCDF
>
> Vocational Support Coordinator
>
> Office of Disability Services
>
> Wright State University
>
> 937.775.5680
>
> 937.775.5699 (FAX)
>
> 937.775.5844 (TTY)
>
> http://www.wright.edu/disability-services
> <http://www.wright.edu/disability-services/community/employability>
>
> Wright State University
>
> 180 University Hall
>
> 3640 Colonel Glenn Hwy
>
> Dayton, Ohio 45435
>
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>
>
>

--
Marianne Denning, TVI, MA
Teacher of students who are blind or visually impaired
(513) 607-6053

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