[Oagdu] Saw this on the news.

Deanna Lewis DLewis at clovernook.org
Tue Jul 28 14:45:05 UTC 2015


Hi Marianne,
I always thought that the ADA laws trumped state laws? I guess I was wrong.
Deanna

-----Original Message-----
From: Oagdu [mailto:oagdu-bounces at nfbnet.org] On Behalf Of Marianne Denning via Oagdu
Sent: Tuesday, July 28, 2015 10:16 AM
To: Ohio Association of Guide Dog Users List
Cc: Marianne Denning
Subject: Re: [Oagdu] Saw this on the news.

Chris, as long as state law is not more restrictive the state law rules.  In this case, I think the woman is correct as the law stands now.  I don't agree but it is the Ohio law.

On 7/28/15, Chris Tolle via Oagdu <oagdu at nfbnet.org> wrote:
> Amazing and wonderful. What's interesting is that I helped write 
> Kroger's policy. In fact we completely overhauled it two years ago. 
> This after an incident in Atlanta and one in California prompted us to 
> revisit what we consider allowable in a grocery store. At the end of the day the ADA rules.
>
> Hadn't heard about this one yet but I'm sure I will.
>
> Sent from my iPhone
>
>> On Jul 28, 2015, at 10:03 AM, Aleeha Dudley via Oagdu 
>> <oagdu at nfbnet.org>
>> wrote:
>>
>> Here’s the thing. Right now, under Ohio law, assistance animals, 
>> emotional support animals, are allowed in public places, due to the 
>> language in the law. While I am not saying that Kroger is incorrect, 
>> I am saying that there is a loophole in the law.
>>> On Jul 28, 2015, at 9:10 AM, Deanna Lewis via Oagdu 
>>> <oagdu at nfbnet.org>
>>> wrote:
>>>
>>> Good morning,
>>>
>>> This was on the News last night and I thought you all may find it 
>>> interesting. My comments are at the bottom, following the article.
>>>
>>>
>>>
>>> MAINEVILLE, Ohio -- A woman with a registered service bird was asked 
>>> to leave a Kroger store this past weekend -- and the moment was 
>>> caught on video.
>>>
>>> The bird, a registered service animal named Cooper, has been in the 
>>> store before with no problem, GeeGee Jackson said.
>>>
>>> Jackson, who is known as "the bird lady" around Maineville and South 
>>> Lebanon, said a store employee asked her to leave the Kroger on SR 
>>> 48 in Maineville Sunday. She said the manager told her the bird 
>>> wasn't allowed.
>>> She said she needs the bird with her to help her cope with 
>>> depression and anxiety. The bird, a cockatoo, is a nationally 
>>> registered service animal.
>>>
>>> Cooper travels everywhere with Jackson, mostly around town, often 
>>> traveling by moped. In public, she puts a diaper on the bird to 
>>> prevent any messes and keeps him on a leash, she said.
>>>
>>> Jackson said she's shopped in the same store with her bird in the 
>>> past with permission from employees.
>>>
>>> Kimbery Hibbler was shopping on Sunday and shot video of the incident.
>>>
>>> "I felt horrible for her," Hibbler said. "I felt like something 
>>> needed to be done."
>>>
>>> A Kroger spokesperson told WCPO store officials do not have to let 
>>> the bird inside under federal law.
>>>
>>> The spokesperson said Kroger follows the Americans with Disabilities 
>>> Act's regulations on service animals. According to the ADA, only 
>>> dogs can be service animals. Cooper the bird is registered but is 
>>> technically an emotional support animal.
>>>
>>> But Jackson said Kroger's policy is not fair and she wants the 
>>> company to reconsider.
>>>
>>> "Not everybody can have a service dog," she said. "There are other 
>>> animals out there that can do the same thing a dog does."
>>>
>>> My comments: I say, way to go Kroger for following the ADA regulations!
>>> Although, they should have mentioned that miniature horses are also 
>>> covered under the ADA.
>>> Speaking of the ADA, I participated in a 25th Anniversary ADA 
>>> celebration yesterday. I wrote a poem and won first place, I had the 
>>> honor of reading my poem in front of everyone at the event. I would 
>>> say there were 150 people at least. I also was interviewed by the 
>>> news and had my poem published in the Cincinnati Enquirer. It was a 
>>> very good event, and I met with some people and did get to pass out a few Oagdu cards.
>>>
>>> Deanna
>>>
>>> --
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>


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

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