[nagdu] Fw: [buddy-l] A very bad legislative effort

Sat Dec 26 00:53:38 UTC 2009

Dear All,
    I am of the opinion that the ADA, as a law that prohibits discrimination 
on the basis of disability, should not be extended to those who are training 
service animals. I feel it is the responsibility of the states to create 
such laws, as most already do. I would like to hear more opinions from our 
membership prior to the Board writing an official statement on this issue.

Fraternally yours,
Marion Gwizdala


----- Original Message ----- 
From: "Cindy Ray" <cindyray at qwest.net>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Friday, December 25, 2009 9:34 AM
Subject: Re: [nagdu] Fw: [buddy-l] A very bad legislative effort


> Albert, how are you going to account for the folk who are not certified 
> but
> who do a very fine job of training their own service animals; where would
> such legislation end as it sought to "protect" someone?
>
> CL
>
> ----- Original Message ----- 
> From: "Albert J Rizzi" <albert at myblindspot.org>
> To: "'NAGDU Mailing List,the National Association of Guide Dog Users'"
> <nagdu at nfbnet.org>
> Sent: Friday, December 25, 2009 8:22 AM
> Subject: Re: [nagdu] Fw: [buddy-l] A very bad legislative effort
>
>
> Steve,
>
> While I can understand your fear of how this legislation could limit 
> rights,
> I am inclined it to feel that it is designed to further protect and ensure
> access.  On a number of occasions people who volunteer their time, to 
> train
> and indoctrinate guides into everyday life are denied access in many 
> places
> as they work to integrate dogs into public arenas.  These are not 
> certified
> professionals, by any means, but I could see where further access
> protections need to be ensured.  It is the word certified which causes 
> alarm
> I would guess.  I never knew that anyone inclined to do so could train a 
> dog
> as a guide and not be questioned about their qualifications to do so. 
> When
> I read this it speaks of affording more protection and access, but when I
> hear your position, I see a slightly different concern as presented.  How
> would you suggest exercising the legislation properly to allow protections
> to trainers and others working with service dogs, if in fact the law as it
> stands does not afford that option?
>
> Albert J. Rizzi, M.Ed.
> CEO/Founder
> My Blind Spot, Inc.
> 90 Broad Street - 18th Fl.
> New York, New York  10004
> www.myblindspot.org
> PH: 917-553-0347
> Fax: 212-858-5759
> "The person who says it cannot be done, shouldn't interrupt the one who is
> doing it."
>
>
> Visit us on Facebook LinkedIn
>
>
> -----Original Message-----
> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
> Of Steve Johnson
> Sent: Thursday, December 24, 2009 5:53 PM
> To: NAGDU Mailing List,the National Association of Guide Dog Users
> Subject: Re: [nagdu] Fw: [buddy-l] A very bad legislative effort
>
> Hi Sherri,
>
> A great segway into a lively discussion I would surmise?
>
> I do have a couple of thoughts.
>
> 1.  A number of formal schools that train animals i.e. primarily dog 
> guides,
>
> have worked very hard to establish relationships with their
> communities that they have a strong presence in, thus already allowing 
> such
> access.
> 2.  Is this not potentially narrowing the coverage of the ADA by only
> allowing "certified" individuals to have access?  This goes against the 
> law
> as it currently stands in specifically covering self-trained animals.
> 3.  The whole issue of certification is an issue that has been discussed 
> and
> debated at nauseum, but too would potentially narrow the definition of the
> ADA as it currently stands as those who choose to self-train are most
> certainly treated differently in this proposed legislation.
>
> I can tell you as a resident of Wisconsin, allowance of service animals in
> training to access places of public accommodation is already written into
> our laws as of 2006 I believe, regardless, it is fairly recent.
>
> I believe that this Federal proposal has the
> potential to narrow the scope of who would be allowed to access places of
> public accommodation in that of being only certified trainers is, through 
> my
> understanding of the ADA, discriminatory.
>
> Most of our professional dog guide schools, and I will specifically focus 
> on
> us, do have a great relationship in the communities that they are centered
> around.  I am wondering if this might be stemming from other service 
> animal
> access issues outside of the dog guide realm?  I guess there are a lot of
> things we don't know about this legislation.
>
> Oh yeh, did you see that there is also an effort to repeal the provision 
> in
> the Air Carrier act that requires a 48 hour notice for psychiatric service
> animals  scheduled for flights longer than 8 hours?  Another topic that 
> has
> potential to be rather interesting on the discussion front.
>
>
> Thanks for sharing this though, I had definitely not seen it yet.
>
> again, this is just my immediate opinion which is always subject to 
> change.
>
> Steve
>
> ----- Original Message ----- 
> From: "Sherri" <flmom2006 at gmail.com>
> To: "NAGDU Mailing List,the National Association of Guide Dog Users"
> <nagdu at nfbnet.org>
> Sent: Thursday, December 24, 2009 1:12 PM
> Subject: [nagdu] Fw: [buddy-l] A very bad legislative effort
>
>
>>I don't know if this has already shown up on the list. If so, forgive the
>>forward. If not, what does everyone think?
>>
>> Sherri
>> ----- Original Message ----- 
>> From: William Stephan
>> Sent: Thursday, December 24, 2009 1:52 PM
>> Subject: [buddy-l] A very bad legislative effort
>>
>>
>>
>> All: It's true that not much surprises me these days in terms of what
>> Congress does, but this is spectacularly bad at a whole bunch of
>> levels.Hopefully, GDUIand NAGDU will do the right thing and oppose this
>> vigorously
>>
>> To amend the Americans with Disabilities Act to require that the same
>> access
>> to transportation and public accommodations be afforded to certified
>> trainers of service animals as is afforded... (Introduced in House)
>>
>> HR 4378 IH
>>
>> 111th CONGRESS
>>
>> 1st Session
>>
>> H. R. 4378
>>
>> To amend the Americans with Disabilities Act to require that the same
>> access
>> to transportation and public accommodations be afforded to certified
>> trainers of service animals as is afforded under such Act to individuals
>> with disabilities who use such service animals.
>>
>> IN THE HOUSE OF REPRESENTATIVES
>>
>> December 16, 2009
>>
>> Mr. KISSELL introduced the following bill; which was referred to the
>> Committee on Transportation and Infrastructure, and in addition to the
>> Committee on the Judiciary, for a period to be subsequently determined by
>> the Speaker, in each case for consideration of such provisions as fall
>> within the jurisdiction of the committee concerned
>>
>> _____
>>
>> A BILL
>>
>> To amend the Americans with Disabilities Act to require that the same
>> access
>> to transportation and public accommodations be afforded to certified
>> trainers of service animals as is afforded under such Act to individuals
>> with disabilities who use such service animals.
>>
>> Be it enacted by the Senate and House of Representatives of the United
>> States of America in Congress assembled,
>>
>> SECTION 1. ACCESS TO CERTIFIED TRAINERS OF SERVICE ANIMALS.
>>
>> Title V of the Americans with Disabilities Act is amended by adding at 
>> the
>> end the following new section:
>>
>> `SEC. 515. RIGHTS OF CERTIFIED TRAINERS OF SERVICE ANIMALS.
>>
>> `(a) Protections Afforded- A licensed or certified trainer of a service
>> animal, or a handler of such animal that has credentials issued by an
>> accredited school for training service animals, when accompanied by such
>> service animal, shall be afforded the same right of access to public
>> transportation, public accommodations, and transportation services
>> provided
>> by private entities as is afforded under titles II and III of this Act to
>> individuals with disabilities who use service animals. It shall be
>> discriminatory under this Act to afford such a trainer , when accompanied
>> by
>> a service animal, with any service, facility, privilege, advantage, or
>> accommodation that is not equal to that afforded to other individuals.
>>
>> `(b) Definition of Service Animal- As used in this section, the term
>> `service animal' means a guide dog, signal dog, or other animal
>> individually
>> trained or being trained to provide assistance to an individual with a
>> disability, regardless of whether such animal has been licensed or
>> certified
>> by a State or local government.
>>
>> `(c) Authority To Revise Regulations- The Secretary of Transportation and
>> the Attorney General shall each revise regulations issued under this Act
>> as
>> necessary to carry out this section.'.
>>
>> _____
>>
>> [Non-text portions of this message have been removed]
>>
>>
>>
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