[Oagdu] Saw this on the news.

Tue Jul 28 15:13:32 UTC 2015

Deanna, as I understand, a state law can be less restrictive.  In this
case, assistance animal opens it up to just about everything.  If Ohio
did not allow miniature horses then ADA would trump it.  Also,
remember that ADA has no enforcement piece.  Any enforcement comes
from the state law. You can file a complaint with the federal
government or call them for advice.  I hope our member who knows much
more about this than I do will help clarify.

On 7/28/15, Deanna Lewis via Oagdu <oagdu at nfbnet.org> wrote:
> 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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-- 
Marianne Denning, TVI, MA
Teacher of students who are blind or visually impaired
(513) 607-6053