[nagdu] Guide Dogs And VA Facilities--what?!

Thu Aug 9 11:27:58 UTC 2012

Vanessa,
    I'm not sure if I agree with your message completely. I have never met 
an owner-trained guide dog that was as well controlled as a program dog. 
NAGDU and the National Association of Blind veterans will work with our 
General Counsel to create a better policy for the VA.

Fraternally yours,
Marion


----- Original Message ----- 
From: "Vanessa Lowery" <vlowery at dhr.state.md.us>
To: "the National Association of Guide Dog Users' 'NAGDU Mailing List" 
<nagdu at nfbnet.org>
Sent: Wednesday, August 08, 2012 3:40 PM
Subject: Re: [nagdu] Guide Dogs And VA Facilities--what?!


> OK, that was a history lesson, for sure.  Thanks, jenine.  This also tells 
> me that GdUI's leadership is aware of the same issue.
>
> But this also speaks to the concerns that we all have about service dogs, 
> be they program-trained or owner-trained.  The issue being control of the 
> dog.  Sounds like some of the owner-trained dogs, though they may perform 
> tasks, are not under good control, and that is what brought about this 
> ruling.
>
>
>
> Vanessa Lowery, LGSW
> Adult and Community Services Division
> Adult Services Screening Unit
> 410-853-3550
> VLowery at dhr.state.md.us
>
>
>>>> "Jenine Stanley" <jeninems at wowway.com> 8/8/2012 3:27 PM >>>
> Buddy,
>
>
> Let me try to explain this access issue. We have been dealing with this at
> GDF and our service dog organization, America's Vetdogs, for the past
> several years.
>
> The first thing to know about any Veterans Administration facility is that
> there is no overall governing structure that covers every aspect of its
> operation. Each facility director is allowed, under federal directive, to
> establish policies and procedures according to the needs, within certain
> parameters of course, of that facility.
>
> Veterans and staff alike have a saying: "If you've been to one VA 
> facility,
> you've been to one VA facility."
>
> Although the Secretary in DC has given some general guidance, it is only
> that and each facility may establish its own rules for access.
>
> Remember, Veterans Administration facilities are federal and do not fall
> under the ADA. They fall under the Rehabilitation Act and even more
> specifically, under these guidelines established by the Secretary of
> Veterans Affairs.
>
> As the popularity of service dogs to assist with many disabling conditions
> has risen, a number of people have owner trained pets or acquired dogs not
> suitable for the work. These people know that their dogs are covered under
> the ADA and truly do believe that this coverage extends to the VA system.
> Just as with the general public, when any dog designated as a service 
> animal
> does not behave properly, disrupts activities or poses a danger to people,
> it can be removed from the facility. This is true with the VA as well, but
> as with the general public, the VA has chosen to use a wide ranging
> punishment for a very specific issue. We receive calls at least once a 
> week
> from VA facilities asking how to ban dogs who attack staff and other 
> service
> dogs. According to the VA staff calling, most of these dogs are owner or
> privately trained. Some, however, as we point out, are indeed trained by
> accredited facilities. We advise the VA staff to first work with the
> individual to alert him/her that the dog's behavior is not appropriate and
> if it continues with no attempt to correct it, the dog can be banned from
> the facility. We also refer them to their facility's policy on service
> animal access, which may or may not state this.
>
> Unfortunately, many veterans are also using service dogs as protection
> devices for personal safety which is not at all a function of the work
> service dogs are generally expected to do and is not allowed under the ADA
> or other access laws.
>
> In order to establish some kind of order in who is bringing dogs into VA
> facilities, many facilities have decided to adopt the standard that any
> service animal entering the facility must have been trained by an
> organization with either Assistance Dogs International (ADI) or
> International Guide Dog Federation (IGDF) credentials. Handlers who cannot
> show ID with the logos of either of these organizations and an associated
> training provider will not be allowed to take their service or guide dogs
> into the VA facility.
>
> You're probably thinking that people can just get these logos on line and
> make up ID cards. They could but ADI and IGDF are extremely strict about 
> who
> and where their logos may be used and will seek whatever legal remedies
> appropriate when they discover misuse of their logos. If you have a guide
> dog school ID and your school is accredited by IGDF, chances are it bares
> that logo.
>
> This VA access standard generally has not touched the guide dog handlers
> much in the past but increasingly, the rule is being enforced more 
> strictly
> so that guide dogs, once held separately by the VA in general in terms of
> access and provision of benefits, are now being included in a general
> service animal category and more closely scrutinized.
>
> This is truly one of those pendulum swings in access rights that happens
> when things get too out of control for an entity. We saw this in the July
> 2010 revision of the ADA's service animal definition and standards. The VA
> is following that general line with these regulations.
>
> I will not go into whether I think this is right or wrong as that is a 
> whole
> other topic, but just to let you know, it is out there and it does affect
> many people seeking services from the VA.
>
> There are efforts in Congress already to change this guidance but some of
> those efforts are based on incorrect information and assumptions.
>
> What can NAGDU do about this situation? One thing you can do that would be
> very helpful for those of us in organizations that work directly with the 
> VA
> for our handlers is to ask your handlers who are using VA facilities, 
> either
> as veterans or dependants, whether or not their access with their dogs has
> been questioned, challenged or denied within the past year. If so, please
> let me know privately.
>
> As I said, each VA facility is its own entity regarding how strictly the
> guidelines for service animals are enforced. Some facilities allow pets 
> and
> therapy animals without question while others are extremely strict about
> showing ID for the service animal each time the person comes to the
> facility. It all depends on the experiences and attitude of the facility
> director and staff.
>
> Hope this helps.
>
> Jenine Stanley
> jeninems at wowway.com
> http://www.twitter.com/jeninems
>
>
> -----Original Message-----
> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
> Of Buddy Brannan
> Sent: Wednesday, August 08, 2012 1:07 PM
> To: the National Association of Guide Dog Users NAGDU Mailing List
> Subject: [nagdu] Guide Dogs And VA Facilities--what?!
>
> Someone just brought the following to my attention. What does this mean 
> for
> owner/trained guide and service dogs? Moreover, what does this mean for 
> the
> future of what constitutes a service dog?
>
> From
> http://thomas.loc.gov/home/gpoxmlc112/h1627_enr.xml#toc-H547AD04B80A24ADCBB0
> 2C96CBF22D067
>
> SEC. 109. USE OF SERVICE DOGS ON PROPERTY OF THE DEPARTMENT OF VETERANS
> AFFAIRS.
> Section 901 is amended by adding at the end the following new subsection:
>
>
> "(f)(1) The Secretary may not prohibit the use of a covered service dog in
> any facility or on any property of the Department or in any facility or on
> any property that receives funding from the Secretary.
>
> "(2) For purposes of this subsection, a covered service dog is a service 
> dog
> that has been trained by an entity that is accredited by an appropriate
> accrediting body that evaluates and accredits organizations which train
> guide or service dogs.".
>
>
>
> --
> Buddy Brannan, KB5ELV - Erie, PA
> Phone: (814) 860-3194 or 888-75-BUDDY
>
>
>
>
> _______________________________________________
> nagdu mailing list
> nagdu at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for 
> nagdu:
> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/jeninems%40wowway.com
>
>
> _______________________________________________
> nagdu mailing list
> nagdu at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for 
> nagdu:
> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/vlowery%40dhr.state.md.us
>
> ***************************************************************************************************
> This Email message and any attachment may contain information that is 
> proprietary, legally privileged and/or confidential. This Email is 
> intended solely for the use of the person(s) to which it is addressed. If 
> you are not an
> intended recipient, or the employee or agent responsible for delivery of 
> this Email to the intended recipient(s), you are hereby notified that any 
> dissemination, distribution or copying of this Email is strictly 
> prohibited. If you have received
> this message in error, please immediately notify the sender and 
> permanently delete this Email and any copies.
> ***************************************************************************************************
>


--------------------------------------------------------------------------------


> _______________________________________________
> nagdu mailing list
> nagdu at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for 
> nagdu:
> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/blind411%40verizon.net
>