Showing posts with label ADA. Show all posts
Showing posts with label ADA. Show all posts

Wednesday, December 19, 2012

The First Guide Dog


Buddy, the first Seeing Eye dog in the United States

I saw this article as a post on Facebook and had to share it with you.  In this article, you will see the birth of the Americans with Disabilities Act.  The story is a book and a movie.


Morris Frank with his guide dog, Buddy
https://www.facebook.com/photo.php?fbid=317440531703979&set=a.243010639146969.52357.243007985813901&type=3&theater



In November 1927 Morris Frank was a 20-year-old student at Vanderbilt University and a blind man very unhappy about his dependency on others to get around.


Frank's father read him an article by Dorothy Eustis, a woman in Switzerland who had seen shepherds training dogs to lead blind people get around.  Frank took a ship to Europe and trained very hard with a dog bred and trained to lead a blind person.

Buddy helped Mr. Frank fight for the rights of people with special challenges, including the right to bring service animals into restaurants, onto airplanes, and other places where pets are not typically allowed. Many of the principles and ideas Mr. Frank lobbied for are now law, thanks to the Americans with Disabilities Act.

At one point, in front of a group of dumbfounded reporters, Buddy led Frank safely across a busy New York street. "She (Buddy) moved forward into the ear-splitting clangor, stopped, backed up, and started again, " Frank later wrote. "I lost all sense of direction and surrendered myself entirely to the dog. I shall never forget the next three minutes, Ten-ton trucks rocketing past, cabs blowing their horns in our ears, drivers shouting at us . . . When we finally got to the other side and I realized what a really magnificent job she had done, I leaned over and gave Buddy a great big hug and told her what a good, good girl she was."

Buddy remained a national hero for the rest of her life. When she died in May 1938, the event was noted with a long obituary in the New York Times.

Movie:  http://www.imdb.com/title/tt0087642/
 "Love Leads the Way: A True Story" (The story of Morris Frank and his guide, Buddy.)

Tuesday, October 30, 2012

Letter (from and to) The Penobscot Theatre Company Regarding Their decision That Service Dogs Who Tried Out for the Part of "Sandy" in the Play "Annie" are Automatically Disqualified


White Lettering

Q- Did they sayon the "Sandy" application that Service Dogs were not allowed to try-out for the part?

A- No, it did not.  It said "All breeds welcome".

One of the chosen "Sandy" dogs and some of the orphans.


















----- Original Message -----
From: bari newport
Sent: Monday, August 20, 2012 11:55 AM
Subject: Penobscot Theatre Company - Sandy Auditions

What a wonderful day Saturday was. I hope you and your doggie had a good, low-stress time of it. 
We ended up seeing 15 dogs of all shapes and sizes. Some dogs were super trained and had super skills and other dogs were goofy but well-behaved, family pets. 
Proof once again that dogs are simply THE MOST AMAZING.

I underestimated how difficult the decision would be! In the end, we narrowed our choices down to five dogs. We did this by eliminating service dogs - they were clearly the most versatile in terms of what they are capable of doing - and certainly they are used to noises and lights, children and excitement - but casting them in a play seems counterintuitive to their role in your life, as you have trained them to do very specific tasks just for you - and it is important that their focus remains as such.

And we narrowed the scope further based on what kind of energy and look the dog had. Incredibly tough decisions. 

I thank you most sincerely for sharing your furry family member with us. You were gracious and kind - and I am humbled to be a part of your community. Thank you.

See you at the theatre! 


  

Bari NewportArtistic Director
Penobscot Theatre Company
Bangor Opera House - 131 Main Street
Administrative Offices - 115 Main Street, 4th floor
207. 942.3333 (Box Office)
207.947.6618 (Admin)
207.947.6678 (fax)
www.penobscottheatre.org





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Rosie and a fellow service dog who also tried out for the "Sandy" role.
Here they are in a sit-stay in the middle of the Bangor Mall.





----- Original Message -----
Sent: Monday, August 20, 2012 12:52 PM
Subject: Re: Penobscot Theatre Company - Sandy Auditions- re: Service Dogs Not Allowed


To Whom it May Concern;
I guess that means we won't be seeing any of you at the Scenes and Songs  night on the 23rd. 
Who told you that casting a service dog would take the focus off of their handlers?  Don?  Why was Don chosen out of all the other very good trainers in the area?  For example, choosing one who actually works with and trains service dogs (AND pet dogs), some of which do have dual roles being a show dog, agility dog, or a competitive duck retrieving dog (to name a few).  That is not Don's expertise.  He wouldn't be the first trainer I would have chosen for the job (but then of course it wasn't my job).  He's also not the only trainer that gives therapy dog tests in the area.  I am pretty sure Don had said allowing service dogs to take the coveted role of Sandy was not a good idea since he probably uses ADI's therapy dog test. (ADI believes service dogs can't/ shouldn't be therapy dogs because they would be confused about their roles).  Not to mention I really think he knows very little about service dogs in general.  Thousands of service dog handlers all over the US would beg to differ with their opinion.  The organization has also been known to take away certification from service dogs that had previously passed their therapy dog tests, and had been working as therapy dog already. (They have actually done this for other various, unfound reasons with assorted other dogs). After nearly 8 years of training and testing (and note: not with Don) and spending 24 hours a day with my dog, I would know my dog better than Don.
I guess most of all, I feel cheated (for my dog) of a fair chance at the Sandy role.  If I thought we couldn't handle this job together I would not have bothered to come in.  It could be my dog never had a chance, but after the comments from the woman who escorted me out of the theatre and invited me to the event on the 23rd, I thought we had a good shot.
To say the least, I am disappointed.  Not because my dog did not get the role, but that just because she is a service dog, she didn't even have a fair chance.  I had expected disappointment if my dog didn't get the role.  This just brought it to a new level of disappointment.
As the ADA says about people with disabilities in the workplace, if I have the qualifications, and without my disability I would have been hired for the job, but because of my disability, the employer won't even consider hiring me,  that is discrimination. Now my dog is disqualified because she's a service dog and I am her disabled handler.  She may be qualified, but because I am disabled and her job is to assist me, she doesn't have a chance. To me, it just feels like another "access denied". 

What if I decided to try out for a part in a play that you all were putting on?  Would you say no because I have a service dog and she would not be near me if I was in a play?  OR would you say no because I am disabled.  Period.  Think carefully.  If you choose wrong, you could have some legal problems arise.
Next time, maybe you should say right on the form that service dogs are not allowed to audition.  You may get a few angry responses from that, but at least the person could save some energy and not bother with the application and audition process.
Sorry if I sound harsh at all, but feelings were hurt here.
Thank you for your time,
Sincerely,
Heather Gerquest
helgerquest@msn.com
----------------------------------------------------------

ADDENDUM----


Since the try-outs for the "Sandy" role, I attended the Paws on Parade fundraising event in Bangor, Maine.  It was there that I heard your dog trainer talking to another person saying he did not know how medical alert dogs work, such as a Diabetic Alert dog or Seizure Alert dog, not even the cancer sniffing dogs.  I thought every trainer knew this, or at least would have wanted to find out years ago when some of these types of service dogs came about.  So this guy is supposed to understand individuals with disabilities, their service dogs and the Americans with Disabilities Act, ADA (Newly revised) as well?  Does he even know about the Americans with Disabilities Act is?


And the above photographed chosen dog, a dog training friend of mine said the dog looked anxious when she tried out, that she even ran off the stage.  In this photo it was suggested that the dog was showing some anxiety from turning away from everyone, and I saw an inability to follow any commands.  I also think she was overheated and needed some water, or maybe the panting was another way she was showing her anxiety, but that is not what I am concerned about.



Friday, January 28, 2011

Service Dog Information - Oregon Assistance Dogs Link to Information

 I was searching for service dog information for the State of Oregon as well as a simple description of the ADA.  I  found both here at the link below:

I was supposed to move to Oregon, but the move didn't take place.  Thank God!


http://www.oregonassistancedogs.org/index/service-dog-information-2

I might add that if you live in or around Oregon, Oregon Assistance Dogs may be able to assist you in training your service dog or assist you in purchasing your own service dog if you fit the definition of "Disabled" as defined by the ADA.  The link above is the link to check out about what they provide in the way of training and service dogs.

The way it works is if state law provides more protection than federal law (ADA) then the state law is the one that rules.  If federal law (ADA) provides the most protection than the state law does (as is frequently the case) then federal law is the one that rules.  Many states have not brought their service dog laws up to date with the ADA (Americans with Disabilities Act).  Like Oregon, many states only cover people who are blind or physically disabled.  Although there is a justifiable argument that points out that psychiatric and neurologic disabilities ARE indeed physical, usually this is not recognised or understood by those in leadership roles who can actually do something to update or revise laws.

Under the Americans with Disabilities Act (ADA), businesses and organizations that serve the public must allow people with disabilities to bring their service animals into all areas of the facility where customers are normally allowed to go. This federal law applies to all businesses open to the public, including restaurants, hotels, taxis and shuttles, grocery and department stores, hospitals and medical offices, theaters, health clubs, parks, and zoos.

Effective March 15, 2011, “Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the handler´s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have impaired vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.

The crime deterrent effects of an animal´s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition."

Key changes in the ADA (regarding service animals) include the following:

1. Only dogs will be recognized as service animals.

2. Service animals are required to be leashed or harnessed except when performing work or tasks where such tethering would interfere with the dog's ability to perform.

3. Service animals are exempt from breed bans as well as size and weight limitations.

4. Though not considered service animals, businesses are generally required to accommodate the use of miniature horses under specific conditions.

Until the effective date, existing service animals of all species will continue to be covered under the ADA regulations.

Existing policies that were clarified or formalized include the following:

1. Dogs whose sole function is “the provision of emotional support, well-being, comfort, or companionship” are not considered service dogs under the ADA.

2. The use of service dogs for psychiatric and neurological disabilities is explicitly protected under the ADA.

3. “The crime deterrent effects of an animal's presence” do not qualify that animal as a service animal and “an animal individually trained to provide aggressive protection, such as an attack dog, is not appropriately considered a service animal.”

These previously existing policies are already in effect.

More ADA Links:

OREGON LAWS (Some differ):

(1) "Assistance animal" means any animal trained to assist a person with a physical impairment in one or more daily life activities, including but not limited to:
   (a) Dog guides, as defined in ORS 346.610;
   (b) Hearing ear dogs, as defined in ORS 346.640;
   (c) An animal trained to pull a wheelchair;
   (d) An animal trained to fetch dropped items; and
   (e) An animal trained to perform balance work.

(2) "Assistance animal trainee" means any animal undergoing training to assist a person with a physical impairment.

(3) "Daily life activity" includes but is not limited to:
   (a) Self-care;
   (b) Ambulation;
   (c) Communication; or
   (d) Transportation.

(4) "Mode of transportation" means any mode of transportation operating within this state.

(5) "Person with a physical impairment" means any person who has a permanent physical impairment, whose physical impairment limits one or more of daily life activities and who has a record of impairment and is regarded by health care practitioners as having such an impairment, requiring the use of an assistance animal including but not limited to blindness, deafness and complete or partial paralysis.

(6) "Public accommodation" means a place of public accommodation as defined in ORS 659A.400 including but not limited to educational institutions, airlines and restaurants. The exception stated in ORS 659A.400 (2) is not an exception under ORS 90.390 and 346.680 to 346.690.









Sunday, December 26, 2010

School District Refuses to Allow Autistic Child’s Service Dog

This post is old... from August 14th, 2009, but I discovered it still lingering in my drafts.  Here it is anyway!

It should be so easy... and it should be easy for a disabled child to bring his/her new service dog into school. Time and time again, I read about children who are being denied the right to be assisted by their service dog. There are cases all over the place and it just shouldn't be! Many of these schools are breaking state laws by denying the use of a service dogs in schools. All are breaking federal law. Please read this story and you will have an example of what I am talking about:
School District Refuses to Allow Autistic Child’s Service Dog

Thursday, April 03, 2008

Now LD #2285... The Fate of Service Dogs in the State of Maine


SD-IT Cain & PSD Rosie behaving like service dogs should!

As you may have read earlier in my blog, Maine tried to pass LD #289 and it was basically defeated or thrown out before the public hearing even took place. From there, a Task Force was created in order to come to some sort of resolution that did not violate anyone's rights. For months we met and we handed in the results of our hard work in the middle of January so the legislature could review it.

Yesterday they had the first public hearing regarding the results from the task force. Many people stood up and spoke in support of this possible new bill. When they got to the people who opposed, a person stood up and was soon joined by two of her buddies. Now this person wasn't just anyone. She had been a member of the task force as well. When we received a copy of the LD #289 revisions, we were told to review it and if we had any problems with it to share it and we could fix it. It has been about 4 months now since that opportunity as come and gone and no one spoke up as having a problem with the way it was. Well this woman stood up "Against" the very revision that she helped put together! She and her buddies (and there horribly behaving guide dogs) represented the Pine Tree State Guide Dog Users. Basically the problem they had with it is that they didn't believe that people with mental disabilities should have a right to service animals, saying that a service dog should not be used merely for emotional support. I agree. Why? Because my dog does not merely provide emotional support to me. As the ADA requests, I am a disabled person and I have a dog that does work or performs tasks that mitigate my disability, thus not only improving my quality of life, but giving me life. What I have discovered it that many people with physical disabilities have some sort of prejudice towards people with psychiatric disabilities... like we are in some way less disabled or less deserving of a service dog. This is a sad thing when people with disabilities discriminate between people with other disabilities. They hate being discriminated against, yet they have no problem discriminating others with different disabilities.


What got me even more was that the representatives were already talking about how to revise what the task force handed in before the people with the rowdy guide dogs even sat down. It was like they already had a decision not to accept it the way we had written it. This was a real stab in the back from a fellow Task Force member.


The initial purpose of this bill was so the city clerks (or town clerks) knew who had a real service dog so that they were getting their money from the dog licensing. Service dogs get a fee waiver. That means not having to pay $6 -$11 to license your dog every year. It seems trivial, but the way it is looked at is this: A service animal is basically "adaptive equipment". We have our service dogs so that we can have access to opportunities that without we may not be able to access due to limitations cause by our disabilities. No one else needs to pay a fee to gain access to these things and so it is considered discrimination to make someone with a service dog have to pay a fee. Someone in a wheel chair doesn't have to pay a fee every year. Infact, many times those wheel chairs (or other forms of adaptive equipment) are covered by medical insurance. Service dogs are not. I am the one who pays for the classes, the vaccines, the vet visits, the eye clinics, the food... and she is worth it because she has changed my life in so many incredible ways... no human has ever been able to do these things for me. The quote "The more people I meet, the more I love my dog" is now so true to me! All the dysfunction, pain and guilt and misery put upon me by the traditional treatment methods has left me more scarred than when I first saught out help!
Presently there is nothing we can do but wait to hear something. If this gets thrown out, we cannot resubmit a new one for 2 years because it is an election year. If this goes through the way the guide dog users want it to, it will then become a federal case as it will then be breaking the ADA. There are people who are ready to pursue that fight if it comes to that.


The scary thing I have learned from all this is that (listen up!) the people who change and write our laws don't even have a clue about what the present laws are. Not one representative up there listening yesterday had a clue that what these Pine Tree people were asking was a violation of the ADA (A federal protection against discrimination act). Heck, these individuals from the Pine Tree State Guide Dog Users group didn't have a strong grasp of the ADA either! They only wanted what would benefit them regardless of anyone having their rights violated. Very self serving. And they spoke of how in many restaurants in the Augusta area (the Maine State Capitol) would not let them bring their guide dogs in with them. Stupid me, I wondered why when the answer was right in front of me through out the whole hearing. These dogs are out of control! The woman who attending the Task Force meetings with her guide dog could barely control the dog... a huge. oversized German Shepherd Dog who likes to lunge at other service dogs and whine and bark through meetings. I am actually surprised no one at the hearing asked them to remove their dogs! All three of the dogs were just really badly misbehaving. A puppy raiser who had an 18 month GSD with her (totally unruly) tried to excuse the dog's behavior as he is still a puppy (at 18 months??) and needed to be fixed desperately, and proceeded to knock the animal upside his head with a notebook to get him to behave. Meanwhile on the other side of the room, Rosie and a service dog in training that will be homed soon (handled by my training consultants from their facility) lay in front of us side by side sprawled out and snoring away quietly. Oh, and the Service dog in training is 16 months old, well behaved, and ready to go to his new home shortly!


I am really loving my dog a lot right now!!

Saturday, March 31, 2007

The Latest on LD #289

Rosie poses for me in her new purple PSD vest from Activedogs.com
The PSD patches came from the Psychiatric Service Dog Society (http://www.psychdog.org/) with
which Rosie and I are members.

The last thing I heard about the controversial LD #289 was that it was on hold due to the simple fact that people were realizing that so much was added onto the original document that it no longer was the simple doc on dog licensing it supposedly began as. There were many violations to the ADA in this document and many SD trainers and disabled handlers wrote letters to their reps. It also seems like the major add on to this document (the part about SD certification through non-profit organizations only) was added on by an individual who has a conflict of interest in this whole thing. He is on the Board of Trustees at a non-profit service dog training facility in Southern Maine which is (surprise surprise) where this document originated. If it weren't from my friend in Windsor (southern Maine), I would not have heard of this LD and the people in the Northern most part of this state would not have known about this thing.
I am a strong supporter of owner-trained service dogs (that train with assistance when needed and as necessary) and also a strong supporter of the smaller, for- profit dog training facilities that assist those of us who want to train our own service dog. They do not charge thousands of dollars more than necessary for a trained dog and are just as capable of training or assisting to train service dogs. I do not belief any one breed as superior in the service dog profession as each person may want and need something different from their dog. Each dog is an individual and any breed of dog can wash- out of the training. Some dog breeds have a higher rate of wash- out, but a person has to choose the breed wisely, looking at the pros and cons of the breed and learning how to make certain breed characteristics work in favor of the service dog tasks needed. I do believe Border Collies are the superior breed, :) but realize that they are not the breed for everyone (which goes for every breed). Border Collies do not necessarily make a great service dog though they are unbelievably smart and a joy to teach and work with. I do not believe that service dogs have to come from a special breeding program because that would mean that the choice of dog breeds available would be greatly limited (mostly to retriever type dogs). I believe that I am the best person to train my service dog, know what my needs are and know that I can do this myself and do not like the fact that this LD would take that choice away from me. I do not see how sending a puppy from foster home to puppy raiser and so forth can be very healthy or helpful if a person is capable of raising his/her own puppy. The bonding developed during this time are invaluable between puppy and handler, even beneficial in building the bond needed for some services the dog will later provide. I also recognize that disabilities come in many forms and that service dogs can assist people to live better with many types of disabilities... not just the physical or visible ones.

I know what the ADA says (the Americans with Disabilities law) and wish that the people in the government, legislature in in the law making department would learn what these crucial laws are before trying to pass bills that violate them.

Please, no matter what State, Country or wherever you live, keep up on the laws in your area. Remember that though the ADA is the same all over the United States, State laws regarding training and handling of service dogs vary per State. The ADA is supposed to preside if the State law doesn't provide the most protection, but at what cost?

Learn your laws so you can fight your fights and I pray that we all can have the energy to do so!!

Good luck training your dogs everyone!!!