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Guide dog question(Katrina related)


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This isn't about someone in need or anything but this just came to me earlier and it's been bugging m ever since so here it is. My friends would be step sister is blind and has a guide dog. But if she lived in a Katrina area could they make her evacuate with out her dog? Or would they make an exception because she's blind?

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there was a man evacuated from Katrina without his Guide Golden who is also blind. I'd have to research it, but I believe its illegal, and the guy that did it (military) could actually be in trouble. Guide dogs are protected by the federal govt from not being allowed to stay with their master. about the only places they are not allowed is INTO a disaster site, (this one should have been allowed to leave with his master)or into an area where harm may befall the master due to blindness, like a minefield, or a construction zone with open pits and holes that the dog may have trouble navigating a blind master through. I will try to find the story...its been difficult to follow.

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it was a woman, not a man, although I swear the first time I read it last week they said it was a man. either way, it's illegal.

"At one point this week, rescue workers refused to allow a seeing eye dog to accompany a New Orleans resident. After the woman refused to leave, rescue workers relented and let the dog go along"

By LUCY MORGAN, Times Tallahassee Bureau Chief
Published September 10, 2005

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aarrggghhhh......they did it twice. this dog was left behind,even though his owner is legally blind

"Phone and e-mail messages are being received from around the world; some, people who want to donate services or money, and some, hurricane survivors asking for help in locating their pets. One voice message was from a hurricane survivor asking for help to rescue a seeing-eye dog who had to be left in the attic as rescuers would not allow the survivor to bring the dog."

Sept. 7, 2005- El Dorado County sends help for hurricane re
By WENDY SCHULTZ , Staff writer

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OMD! I can't believe that they could legally rescue a person and not take their guide dog. That HAS to be illegal! That's like taking someone who can't see without glasses and making them leave their glasses in their home, or making a hearing-impaired person leave their hearing aids. They obviously didn't know what a vital role in a person's life their guide dogs are. Unfrickinbelievable!

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this is the federal law regarding service dogs:


July 26, 1996


The Civil Rights Division of the U.S. Department of Justice and the National Association of Attorneys General have formed a Disability Rights Task Force to promote and protect the rights of individuals with disabilities.

We have found that many businesses across the country have prohibited individuals with disabilities who use service animals from entering their premises, in many instances because of ignorance or confusion about the animal's appropriate use. This document provides specific information about the legal requirements regarding individuals with disabilities who use service animals. It was prepared by the Task Force to assist businesses in complying voluntarily with the Americans with Disabilities Act and applicable state laws.

Twenty-four state attorneys general* are distributing a similar document (including state specific requirements) to associations representing restaurants, hotels and motels, and retailers for dissemination to their members.

We encourage you to share this document with businesses and people with disabilities and their families in your community.



Deval L. Patrick Scott Harshbarger
Assistant Attorney GeneralAttorney General
Civil Rights DivisionState of Massachusetts;
U.S. Department of JusticePresident, National Association of Attorneys General




--------------------------------------------------------------------------------
* Alaska, Arizona, California, Connecticut, Florida, Hawaii, Illinois, Iowa, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New York, North Carolina, North Dakota, Ohio, Pennsylvania, Rhode Island, South Dakota, Washington, and Wisconsin.






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

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



COMMONLY ASKED QUESTIONS ABOUT SERVICE ANIMALS
IN PLACES OF BUSINESS
Q: What are the laws that apply to my business?

A: Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed.

Q: What is a service animal?

A: The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.

Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. "Seeing eye dogs" are one type of service animal, used by some individuals who are blind. This is the type of service animal with which most people are familiar. But there are service animals that assist persons with other kinds of disabilities in their day-to-day activities. Some examples include:

_____Alerting persons with hearing impairments to sounds.

_____ Pulling wheelchairs or carrying and picking up things for persons with mobility impairments.

_____Assisting persons with mobility impairments with balance.


Q: How can I tell if an animal is really a service animal and not just a pet?

A: Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability. However, an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability. Therefore, such documentation generally may not be required as a condition for providing service to an individual accompanied by a service animal. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability.

Q: What must I do when an individual with a service animal comes to my business?

A: The service animal must be permitted to accompany the individual with a disability to all areas of the facility where customers are normally allowed to go. An individual with a service animal may not be segregated from other customers.

Q: I have always had a clearly posted "no pets" policy at my establishment. Do I still have to allow service animals in?

A: Yes. A service animal is not a pet. The ADA requires you to modify your "no pets" policy to allow the use of a service animal by a person with a disability. This does not mean you must abandon your "no pets" policy altogether but simply that you must make an exception to your general rule for service animals.

Q: My county health department has told me that only a seeing eye or guide dog has to be admitted. If I follow those regulations, am I violating the ADA?

A: Yes, if you refuse to admit any other type of service animal on the basis of local health department regulations or other state or local laws. The ADA provides greater protection for individuals with disabilities and so it takes priority over the local or state laws or regulations.

Q: Can I charge a maintenance or cleaning fee for customers who bring service animals into my business?

A: No. Neither a deposit nor a surcharge may be imposed on an individual with a disability as a condition to allowing a service animal to accompany the individual with a disability, even if deposits are routinely required for pets. However, a public accommodation may charge its customers with disabilities if a service animal causes damage so long as it is the regular practice of the entity to charge non-disabled customers for the same types of damages. For example, a hotel can charge a guest with a disability for the cost of repairing or cleaning furniture damaged by a service animal if it is the hotel's policy to charge when non-disabled guests cause such damage.

Q: I operate a private taxicab and I don't want animals in my taxi; they smell, shed hair and sometimes have "accidents." Am I violating the ADA if I refuse to pick up someone with a service animal?

A: Yes. Taxicab companies may not refuse to provide services to individuals with disabilities. Private taxicab companies are also prohibited from charging higher fares or fees for transporting individuals with disabilities and their service animals than they charge to other persons for the same or equivalent service.


Q: Am I responsible for the animal while the person with a disability is in my business?

A: No. The care or supervision of a service animal is solely the responsibility of his or her owner. You are not required to provide care or food or a special location for the animal.

Q: What if a service animal barks or growls at other people, or otherwise acts out of control?

A: You may exclude any animal, including a service animal, from your facility when that animal's behavior poses a direct threat to the health or safety of others. For example, any service animal that displays vicious behavior towards other guests or customers may be excluded. You may not make assumptions, however, about how a particular animal is likely to behave based on your past experience with other animals. Each situation must be considered individually.

Although a public accommodation may exclude any service animal that is out of control, it should give the individual with a disability who uses the service animal the option of continuing to enjoy its goods and services without having the service animal on the premises.

Q: Can I exclude an animal that doesn't really seem dangerous but is disruptive to my business?

A: There may be a few circumstances when a public accommodation is not required to accommodate a service animal--that is, when doing so would result in a fundamental alteration to the nature of the business. Generally, this is not likely to occur in restaurants, hotels, retail stores, theaters, concert halls, and sports facilities. But when it does, for example, when a dog barks during a movie, the animal can be excluded.


If you have further questions about service animals or other requirements of the ADA, you may call the U.S. Department of Justice's toll-free ADA Information Line at 800-514-0301 (voice) or
800-514-0383 (TDD).


DUPLICATION OF THIS DOCUMENT IS ENCOURAGED.



i am still emailing and bitching about what happned here.

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and they WILL be, if I have anything to say about it. I have called, emailed, posted to newspapers, this is WRONG...these people need these dogs to get by. they are protected by federal law. they WILL be punished for this. I dont care what the THOUGHT..you CANT legally seperate a Guide Dog from its owner...


oh boy..all hell has broken loose, and I will see to it it continues to STAY loose until this had been addressed, and CORRECTED..

:evilbat: :evilbat: :evilbat:

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my email to the author that set me off:

By WENDY SCHULTZ , Staff writer

"Phone and e-mail messages are being received from around the world; some, people who want to donate services or money, and some, hurricane survivors asking for help in locating their pets. One voice message was from a hurricane survivor asking for help to rescue a seeing-eye dog who had to be left in the attic as rescuers would not allow the survivor to bring the dog."

THIS NEEDS TO BE ADDRESSED. FEDERALLY, AND LEGALLY.

Guide Dogs are allowed pretty much everywhere, on boats, planes, restaraunts, movie theaters, and the like.

WHAT RIGHT...did these rescuers have to say "we wont take the dog?" these people NEED these dogs to survive. they are trained to rely on these dogs.because of that they dont use canes, family or friends to lead them around by the arm. they have found a means of being as independent as they can under the circumstances...

let me tell you a story, from someone who is a diabetic and may eventually lose my sight.

when I was a teen, I worked for a GR breeder who apecialized in breeding guide dogs. he had a contract with the Seeing Eye.

The SE rep came out while I was there, to choose the next batch of puppies for training. I believe they breed their own now, but not positive. anyway, I was so fascinated by her that she blindfolded me, (this blindfold was actually a face mask. no front, peripheral vision, no light) and let me walk one of the fully trained guide dogs around, while "blind"...it took a long time for me to feel comfortable
letting this dog guide me around. I had to learn to let the dog lead, and not to fight with its decision. it was amazing. it made me move against my will, and if I wouldnt it sat down and wouldnt move until I did. she was there explaining the whole process, and trying to get me to relax. we got to a "street" (farm in the middle of basically nowhere, no city type streets) and I could hear traffic and paniced.
I wouldnt cross. she said "you have to. someday you may be blind, you have to trust your Guide Dog in all things". I inched forward. realized by sound that the traffic had quieted. suddenly, the dog pulled once and picked up the pace, and we finished crossing. then I heard the traffic again. I pulled off the mask, and realized that there was a traffic light there. I was taking too long to cross and the dog knew it, basically forced me to move faster before the light changed again.

I have never been so amazed, and so frightened, in my whole life.
when I read that article, I thought "these people have been trained to rely on these dogs for everything, and you just SEPERATED THEM? "

will I give you the specifics? no, dont ask. but this is a true story, and a sad one. HOW does someone seperate a person from a service dog they have come to rely on? a SERVICE DOG ALLOWED EVERYWHERE BY FEDERAL LAW?

THIS SHOULD BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW. and if that dog died, EVEN MORE SO.

Katy Courtney
Elgin IL.
[email][email protected][/email]

I am expecting an answer by email

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