[NJAGDU] FW: [Nfbnet-members-list] The Intersection of Guide Dog Use & Mental Health

Thu Jul 2 01:29:00 UTC 2020

From: NFBNet-Members-List <nfbnet-members-list-bounces at nfbnet.org> On Behalf
Of Marion Gwizdala, President via NFBNet-Members-List
Sent: Wednesday, July 1, 2020 8:08 PM
To: nfbnet-members-list at nfbnet.org
Subject: [Nfbnet-members-list] The Intersection of Guide Dog Use & Mental
Health

Please circulate the following message as widely as appropriate.

July 1, 2020

                The National Federation of the Blind is committed to
securing the rights of all blind individuals, including those at the
intersection of blindness and mental health. As a division of the National
Federation of the Blind, the National Association of Guide Dog Users
represents the interests of those who choose to use a guide dog as one of
their tools of independent mobility. When a blind person is denied training
by a guide dog program due to a previous diagnosis of a mental illness, we
feel obligated to Act!

                The National Association of Guide Dog Users has been
contacted by two individuals screened out from training by Southeastern
Guide Dogs due to their publicly published policy automatically
disqualifying individuals from application due to a list of mental health
conditions. One of these individuals is a licensed attorney who disclosed a
previous diagnosis of bipolar disorder when applying to the state bar, was
vetted by the bar, and deemed fit to practice law in the state. This person
was preparing to retire a 12-year-old owner-trained guide dog and thought
Southeastern Guide Dogs Would be a good fit because their parents live in
Bradenton. The second is an office manager of a very busy three-office
ophthalmology practice. After being denied training by Southeastern Guide
Dogs due to a previous diagnosis of bipolar disorder, this person received a
guide dog from Freedom Guide Dogs and has been working as a successful team
for nearly three years.

                Just as I believe a guide dog may not be the best choice for
every blind person, I also believe that there are mental health conditions
that might preclude someone from being a good guide dog user. However, there
are many factors to be considered when making that decision, a process known
as an individualized assessment. (Please see the excerpt from federal law
concerning this cited below.) This is very different than what Southeastern
Guide Dogs calls automatic disqualification. This will likely be a topic for
a future Braille Monitor article. You can view the entire list of
disqualifying conditions on Southeastern's official page 

(http://www.surveygizmo.com/s3/309633/Southeastern-Guide-Dogs-Guide-Dog-Appl
ication 

                Southeastern Guide Dogs is fully aware of our objection to
this policy and our belief that this policy violates Title III of the
Americans with Disabilities Act. On June 15, I sent an email message to
Titus Herman, Southeastern Guide Dogs'  chief executive officer, citing
specific sections of the Act. This message closed with the following
statement:

"The National Association of Guide Dog Users strongly urges Southeastern
Guide Dogs to modify their policies, practices, and procedures automatically
disqualifying blind individuals with mental health disorders from applying
for and receiving a guide dog from your organization. Within our membership,
we have experts on mental illness and the law who can help Southeastern
Guide Dogs craft sound, effective policies that respect the dignity of the
individual while complying with state and federal law should you need such
expertise. I am open to discussing this issue further with you or your
representative(s). We would appreciate a response to our concerns by June
30, 2020."

            As recently as June 22, we brought this up to Susan Wilburn,
Southeastern Guide Dogs' Director of Admissions and Graduate Services. Ms.
Wilburn stated the disorders listed on their website had been reviewed by a
psychiatrist. I mentioned our concern again and advised I had written to Mr.
Herman and John Compton, Southeastern's board secretary and an attorney. As
of this writing, I have had no response.

            Guide dog training programs are places of public accommodation
as defined by the Americans with Disabilities Act (ADA). Mental illness can
be considered a disability under the Act. Discrimination is defined, in
part, as "the imposition or application of eligibility criteria that screen
out or tend to screen out an individual with a disability or any class of
individuals with disabilities from fully and equally enjoying any goods,
services, facilities, privileges, advantages, or accommodations, unless such
criteria can be shown to be necessary for the provision of the goods,
services, facilities, privileges, advantages, or accommodations being
offered". 42 USC 12182(b)(1)(i). 

                If you or someone you know has been denied training by
Southeastern Guide Dogs or any other guide dog training program due to a
previous diagnosis of a mental health condition, we would like to hear from
you. The information we receive will be kept strictly confidential in
compliance with state law and codes of ethics. , so you will remain
anonymous. Please contact us in whatever format you feel most comfortable

Advocacy Help Line: (202) 573-8582
Confidential Email: advocacy at nagdu.org <mailto:advocacy at nagdu.org> 

National Association of Guide Dog Users Inc. (NAGDU)
National Federation of the Blind
(202) 573-8582
Advocacy at NAGDU.ORG <mailto:Advocacy at NAGDU.ORG> 
Visit our website <http://nagdu.org/> 
Follow us on Twitter <http://twitter.com/nagdu> 

The National Federation of the Blind knows that blindness is not the
characteristic that defines you or your future. Every day we raise
expectations because low expectations create barriers between blind  people
and our dreams. You can live the life you want! Blindness is not what holds
you back.

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