[Nfbf-l] Guide dog policies and solutions
Bill Outman
woutman at earthlink.net
Thu May 2 15:33:23 UTC 2019
Marion's explanation of the law pertaining to airlines is informative. The distinction between service and emotional support animals does create a source of confusion, though.
Bill Outman
-----Original Message-----
From: Nfbf-l [mailto:nfbf-l-bounces at nfbnet.org] On Behalf Of Janet Beyer via Nfbf-l
Sent: Wednesday, May 01, 2019 5:28 PM
To: NFB of Florida Internet Mailing List
Cc: Janet Beyer
Subject: Re: [Nfbf-l] Guide dog policies and solutions
Can you please help me with the difference of airlines some requesting travel/health certificates for my guy dog. Is that type of document also like his identification not to be provided or is this the only document that I need to provide some requirement and some don’t
Sent from J Beyer’s iPhone, Have a Bless Day!
> On May 1, 2019, at 2:59 PM, Marion Gwizdala via Nfbf-l <nfbf-l at nfbnet.org> wrote:
>
> Bill,
>
> I have written on this topic in the past and will reiterate - very
> briefly - what I share as standard protocol, focusing upon the topic
> at hand concerning one's allergies to dog dander. First of all, the
> law classifies individuals with disabilities as a protected class,
> prohibiting discrimination on the basis of belonging to that class.
> Other protected classes protected by law include race, creed,
> ethnicity, gender, and gender identification. An individual with a
> disability accompanied by a service dog has the legal right to access
> the goods and services of a public
> (governmental) entity under Title II of the ADA, and those of private
> entities providing public accommodations under title III of the Act.
> The only exceptions would be if the presence of a service animal poses
> a direct threat, defined as "a significant risk to the health or
> safety of others that cannot be eliminated by a reasonable
> modification of policies practices, or procedures", if the animal is
> out of control and the handler does not take immediate, effective
> measures to correct the behavior, or if the animal is not housebroken.
> It is important to note here that it must be demonstrated the presence
> of the dog poses a direct threat; it cannot be assumed; furthermore, I
> do not need to prove my dog does not pose a direct threat. This is
> known as an affirmative defense. In other words, one must prove something does exist not that something does not exist.
>
> The statistical information about the prevalence of an allergy to
> dog dander that rises to the level of a disability is, as stated in my
> previous message, <0.005%, or 5 in 100,000. According to this
> research, those with such an allergy would have severe anaphylaxis
> even if the dander were present on a person's clothing, even if a dog
> were not physically present.
>
> If an individual claiming an allergy to dog dander objects to the
> presence of the dog, it is up to the individual with the allergy to
> take appropriate measures to mitigate the situation; it is not up to
> the individual with a disability to take such measures, as that person
> is a member of a protected class whose rights preempt the person not a
> member of that class. So, if I enter a restaurant in which the only
> seat is near someone claiming an allergy to my dog, it is up to the
> individual with the allergy to mitigate that situation. In the case of
> a passenger on para transit, it is understood that the transportation
> is a shared ride service and that there may be times an individual
> will be required to share that ride with someone with a service
> animal. If my ride arrives and a fellow passenger objects to the
> presence of my guide dog, it is up to the provider to make other arrangements for that passenger, not to deny my ride.
>
> If a person has an allergy to dog dander that rises to the level of
> a disability, we now have what is known as "competing interests". Two
> members of a protected class are now competing for the same
> protections. In such a case, the person first served is secured the
> right and the second person will need to mitigate the situation. In
> the para transit illustration, if I am the second person with
> competing interests, I will need to wait for another ride. This would not be considered discriminatory.
>
> In all cases involving allegations of discrimination based upon
> membership in a protected class, the first requirement is to
> demonstrate standing. This means that, should I file a complaint
> alleging discrimination based upon the presence of my guide dog, I
> would need to demonstrate two elements before the case would be heard:
> I would first need to demonstrate that I am a person with a disability
> protected by the law under which I file a complaint and that my guide
> dog meets the definition of "service animal", "any dog individually
> trained to perform tasks or do work for the benefit of a person with a
> disability". Failure to prove these two elements would cause a nolle proc or dismissal of the case.
>
> If there are any questions, I am happy to answer them so we, as
> advocates, can provide the most accurate information.
>
> Fraternally yours,
> Marion
>
> -----Original Message-----
> From: Nfbf-l [mailto:nfbf-l-bounces at nfbnet.org] On Behalf Of Bill
> Outman via Nfbf-l
> Sent: Wednesday, May 1, 2019 1:44 PM
> To: 'NFB of Florida Internet Mailing List'
> Cc: Bill Outman
> Subject: [Nfbf-l] Guide dog policies and solutions
>
> Good afternoon, list.
>
> I have noted with interest the recent discussion about guide policies
> relating to the paratransit contractor that has graciously volunteered
> to provide transportation service to those leaving the convention on
> Memorial Day.
>
>
>
> Marion, your expertise on the detials of the law is unquestioned. Yet
> I am troubled by seeming lack of consideration for those who may be
> facing a legitimate issue. I understand this issue has been used as a
> cover discriminatory actions borne out of ignorance, but I have a
> difficult time believing this is the case in every instance.
>
>
>
> Those of us who profess a Christian faith are called to not only
> consider our rights but also show due concern to the rights and needs
> of others as well. We cannot just say, "Sorry, Charlie" to those who
> may be facing difficult challenges such as an allergy that we may not always be aware of.
> The vehicle space issue, yes, has been abused, but at some point does
> have some legitimacy, as vehicles are of finite size.
>
>
>
> What I need you to do is propose an affirmative solution, not just
> state what is prohibited in law and regulation, to these issues. What
> accomodations/arrangements are permitted, and would in fact be
> adoptable as best practices, that would satisfy both the legal
> requirement for equal treatment and address the health and safety
> needs of other riders/drivers of various modes of transport?
>
>
>
> I don't want us to merely state what we are against, but what we would
> be in favor of.
>
>
>
> Bill Outman
>
>
>
> _______________________________________________
> Nfbf-l mailing list
> Nfbf-l at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nfbf-l_nfbnet.org
> To unsubscribe, change your list options or get your account info for
> Nfbf-l:
> http://nfbnet.org/mailman/options/nfbf-l_nfbnet.org/marion.gwizdala%40
> verizo
> n.net
>
>
> _______________________________________________
> Nfbf-l mailing list
> Nfbf-l at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nfbf-l_nfbnet.org
> To unsubscribe, change your list options or get your account info for Nfbf-l:
> http://nfbnet.org/mailman/options/nfbf-l_nfbnet.org/janetnfb%40gmail.c
> om
_______________________________________________
Nfbf-l mailing list
Nfbf-l at nfbnet.org
http://nfbnet.org/mailman/listinfo/nfbf-l_nfbnet.org
To unsubscribe, change your list options or get your account info for Nfbf-l:
http://nfbnet.org/mailman/options/nfbf-l_nfbnet.org/woutman%40earthlink.net
More information about the NFBF-L
mailing list