Author Archives: admin

Visually Impaired Man and Guide Dog Turned Away From YMCA

Posted on by
Troy Nauffts, who is visually impaired, says he attempted to enter an employment centre but was turned away because of his guide dog Moe. Troy Nauffts, who is visually impaired, says he attempted to enter an employment centre but was turned away because of his guide dog Moe. (CBC)

A Dartmouth man, who is visually impaired, says he was turned away from an employment centre on Thursday because staff would not allow his service dog, Moe, into the building.

Troy Nauffts says he attempted to enter the YMCA Employment Centre of Dartmouth on Wyse Road but was turned away.

‘It’s 2012 and the education still isn’t out there for people with disabilities to the extent that is needed.’—Troy Nauffts

“The lady at the front desk told me I couldn’t bring a dog in here and I informed her that it was a guide dog and that I can go in any public place by law,” Nauffts tells CBC News.

Nauffts then tried set up his laptop, but when he asked for the facility’s internet password, he says he was denied.

“I said, ‘Well everybody else is using the computers here and accessing the internet and you guys don’t have an accessible computer for me, so why can’t I connect to the internet with the one I have?’ And she said, ‘We don’t do that.'”

Nauffts is an advocate for the visually impaired.

Moe, a guide dog, wears a special harness that clearly indicates he is a service animal.
Moe, a guide dog, wears a special harness that clearly indicates he is a service animal. (CBC)

He is currently unemployed and went to the employment centre to search for a job.

He says he runs into problems every few months when he’s out with his guide dog.

He says, despite the humiliation he felt, he is glad he spoke up.

“It’s 2012 and the education still isn’t out there for people with disabilities to the extent that is needed.”

Peter Parsons, with the Canadian National Institute for the Blind, says people with service dogs are allowed everywhere in Nova Scotia.

“The only exceptions I’ve heard of are medical, like in the intensive care unit or that type of thing. Other than that, I’ve had clients in the hospital with the guide dog and anywhere that they could go, they need their dog to guide them,” Parsons says.

Barbara Miller Nix, chief operating officer for the YMCA’s Human Resource Strategy Development division, says in a statement to CBC News, what happened to Nauffts is unfortunate.

“We have already begun the process of following up with Mr. Nauffts, and wish to ensure he receives service that is welcoming and inclusive,” she stated.

She says the YMCA prides itself on being accessible for everyone and says the incident is being investigated.

Dispute Over Whether Boy Can Bring His Service Animal to School Resolved

Posted on by

It is the first day of school for many area students, but in one school district, there was a fight over whether a student’s service dog should be allowed in the classroom.

Getting on the bus today meant so much to 8-year-old Sean Forsyth. After months of uncertainty, he was finally given approval by the school board to allow his service dog in school.

On his first day of third grade, it was a monumental step for the Forsyth family as Sean got on board the school bus with his dog by his side.

Sophia was forced to stay home last school year. Getting permission from the Pine Richland School District became a battle for the Forsyth family that they weren’t willing to back down from.

“In second grade, I really missed her. I thought of her all the time. At school, every single thing. When I was working, while at recess, while at lunch. Thought of her all day,” Sean said.

“We basically said, there’s no reason to keep the dog out of the school. It’s a service animal. It’s providing a service,” B.J. Forsyth said.

Sophia is trained to help Sean, who was diagnosed with Asperger’s, which is a form of autism. The calming effect she brings is why it was so important for Sophia to be with him at school.

“She just gives me kisses every time I’m near her,” Sean said. “She makes me feel better whenever I’m nervous.”

In June, after receiving legal help and providing all the documentation necessary, Sophia finally got the approval the family and Sean were hoping for.

Sean has spent the last few weeks training with Sophia in school and on the bus preparing for today. The family said it feels like they broke down a wall.

“Once they see this is a success, there won’t be that barrier there anymore,” B.J. Forsyth said.

Moving forward, the family said they hope to keep the lines of communication open with the school district and make any modifications necessary.

The Pine-Richland School District issued this statement today:

“The district takes all requests seriously, especially when it’s in the best interest of the child.

To comply with the American Disabilities Act, the family needed to show what specific task the service animal performed.

The family has done so since, which allowed the district to determine that the request fell within those guidelines.”

 

11-Year Old Boy Makes “Bucket List” for His Dying Service Dog

Posted on by

Cole Hein suffers from a medical condition called apnea. A person with apnea can stop breathing unexpectedly, with very little notice. Cole has needed constant supervision since the day he was born, because of the unexpected apnea attacks which can strike at any time.

In 2005, Bingo, a specially trained Jack Russell terrier, came into Cole’s life and changed his life (and the lives of his family members) forever.

Bingo has watched over Cole, being a constant companion and ever-vigilant service dog. Bingo was there for Cole when Cole was in the hospital for numerous surgeries, and is ever at Cole’s side as his alert companion.

Unfortunately, 13-year-old Bingo is suffering from a life-threatening disease.

But Cole is not going to let Bingo pass on without first giving his friend the kind of support and love that Bingo has shown for Cole.

Cole has created what he calls a “lick it” list for the service dog. Here’s the list from the Facebook page the family has put together to honor Bingo:

1) This is where the Lick It List comes from Cole would like his friends and family to send Bingo dog treats from where ever they live so that Bingo can ‘TASTE” world.

2) Take Bingo for one last “public” outing to Ruckers. It is a place that you go and play video games etc…

3) To walk around the block twice with Bingo but Cole broke it down to 1 block one day and then the 2nd block the next day.

4) A photo shoot with just Bingo and Cole (this has already been arranged)

People everywhere agree that Cole is an amazing boy, with an amazing service animal.

The page says the family is not accepting monetary donations, but asks folks to send treats or make donations to their local shelters. After all, Cole wants to help animals everywhere.

FAQ: My neighbors are complaining among each other that my Emotional Support Animal should not be allowed in the apartment building. My landlord has been harrasing me about this, is this legal?

Posted on by

Many people with Emotional Support Animals or Service Animals endure such behavior from neighbors and landlords.  Can they do anything about this other than finding a new place to live?

A: Absolutely. Harassment is a kind of discrimination, and fair housing laws protect people from discrimination even after they move in, whether the discrimination is from the landlord or other tenants.  In addition, landlords must provide disabled tenants with reasonable accommodations, and that includes allowing their Service Animals and Emotional Support Animals to live on the premises, even if the building is otherwise a no-pet environment. Remember, Service Animals and Emotional Support Animals are not “pets.”

The situations described are arguably discrimination based on disability.  When harassment creates an abusive environment, it is said to create a “hostile environment.” A hostile environment is established when a tenant is a member of a protected class (including: disability, race, religion, ethnicity, national origin, family status), the harassment is unwelcome and based on the tenant’s membership in the protected class, and the harassment is sufficiently severe or pervasive to alter the conditions of the living environment. The landlord is obligated to take action that is reasonably calculated to end the harassment.

What to do: It is important to inform the landlord in writing of both the harassment and its discriminatory basis, and to keep written notes of each discriminatory incident as it happens.  The landlord should remind other tenants of their obligations and others’ rights regarding fair housing laws.  If the landlord does nothing to correct the situation, the affected tenant can seek assistance from a dispute resolution or mediation clinic.  Another option would be to file a complaint with California’s Department of Fair Employment and Housing (DFEH) or the federal Department of Housing and Urban Development (HUD).

To file a complaint with the U.S. Department of Housing & Urban Development (HUD), call (800) 669-9777, or click here: www.hud.gov/offices/fheo/online-complaint.cfm

To file a complaint with the California Department of Fair Employment & Housing (DFEH), call (800) 884-1684, or click here: http://www.dfeh.ca.gov/Complaints_FileComplaint.htm

Posted in FAQ

FAQ: Can I fly on airline flights with my service animal in the cabin with me?

Posted on by

A: The U.S. Department of Transportation’s rules allow animals that aid people with physical disabilities to board a plane freely, accompanied by their service animal. The only question airline personnel are allowed to ask is how the animal assists the person.

Acceptable confirmation of status can be accomplished by any one of the following:

  • a service animal identification card,
  • other written documentation,
  • presence of harnesses or markings on harnesses,
  • tags, or
  • the credible verbal assurances of the qualified individual with a disability using the animal.

But note that passengers who want to board with psychiatric or emotional-support animals must contact the airline 48 hours before departure and submit a letter from a licensed mental-health professional that documents their mental or emotional illness.

Mental-health advocates are outraged and have petitioned the Transportation Department to get rid of the new regulation.

“We are forced to disclose we are mentally ill in order to fly. It’s un-American,” says Joan Esnayra, president of the Psychiatric Service Dog Society. “Everyone with a service dog should be treated the same.”

Generally, It’s risky for businesses to deny access to people accompanied by service dogs—even if they think they are pretending to be disabled—because if suspicions prove to be unfounded, a business could face civil penalties of up to $55,000 for violating a person’s civil rights. Therefore, airlines are very careful to ask only the allowable questions and to request only the documentation that the airline is permitted to ask to see.

The federal statute reads as follows with respect to service animals:

14 CFR Part 382
§ 382.55 Miscellaneous provisions.
(a) Carriers shall permit dogs and other service animals used by persons with a disability to accompany the persons on a flight.
(1) Carriers shall accept as evidence that an animal is a service animal identification cards, other written documentation, presence of harnesses or markings on harnesses, tags, or the credible verbal assurances of the qualified individual with a disability using the animal.
(2) Carriers shall permit a service animal to accompany a qualified individual with a disability in any seat in which the person sits, unless the animal obstructs an aisle or other area that must remain unobstructed in order to facilitate an emergency evacuation.

Posted in FAQ

Service Animals – is it a scam?

Posted on by

Sadly, some people are asking whether “service animal” laws are being abused by those who want to scam the system.

There have been news stories, articles, opinion pieces and other editorials where people rant and complain about people they believe to be abusing the system. You hear some complain that they had to sit near a dog at a restaurant that they don’t believe is a “real” service dog, or others complain that their neighbors have a pet in a “no pet” building because they claimed the animal is an emotional support animal.

Some of the commentary has an indignant tone, and some people are downright angry.

How does this affect those who legitimately own and use a service animal to better their lives? In many ways.

For one, it can it more difficult to navigate bureaucracy of the world when your claim of a disabiltiy and your service or emotional support animal’s status is questioned. If a landlord or business owner has heard negative stories claiming that some people are abusing the system, it can cause them to look suspiciously at all claimants.

Some landlord and business owners have begun asking for proof of status, even though asking for written or other evidence is not always legal, and even though many owners of legitimate service animals and emotional support animals have not taken advantage of registering them, and thus have no such documentation to produce.

It is the suspicious attitude and illegal demands of some landlords and business owners that make services like the Service Animal Registry of California so vital to legitimate owners.

Although registration is optional, it can help shortcut the housing rental and business access issues when the owner can produce a simple document that will often satisfy the owner or landlord. Also, when using public spaces, it is often easier to hand over a document with a simple sentence stating, “This is a service animal” and letting the other party read the information, rather than having a long-winded protracted conversation (or worse yet, argument) in public, with onlookers listening in and gathering around the discussion.

So, do some people scam the system, or game the law? Sadly, the answer is “probably yes.” In life, there is always room for abuse and people can try to take advantage of many systems that we as a society put in place to protect the rights of those who need such protection. For example, many drivers falsely display disabled parking placards to take advantage of free and convenient parking. Not to mention the number of folks who lie on their tax returns, claim improper tax deductions, abuse retail store return policies, or do other bad acts.

But that percentage of abuse, which in the area of service animal laws is hopefully small, is arguably a very small price to pay when compared to the higher goal of promoting access and equality for all.

In the end, you cannot control any system to make it 100% abuse proof. So tolerating the few people who scam service animal laws is the price we gladly pay to ensure that the disabled in the great state of California have equal access under law.

Please hit “share” on Facebook or Twitter below to help spread education!

For reprint and republishing rights, contact the editor if you want to publish a reprint of this article on your blog or magazine.

Video of world’s tallest therapy dog

Posted on by

Video below! See the world’s tallest therapy dog. He made a special visit to Scripps Memorial Hospital in La Jolla, San Diego, CA today.

Bentley stands over four feet tall when on all fours, and he’s even taller than most people when on his back two legs!

San Diego, California News Station – KFMB Channel 8 – cbs8.com

Wawa settles with N.J. man for $12,500 over man’s service dog

Posted on by

Wawa Inc., the parent company of the Wawa sandiwsh store chain, has settled with Patrick Star who says he was kicked out of one of the company’s stores because he was accompanied by a service dog.

Stark will get $12,500 for the June 13, 2012 incident, in which he claims a store manager would not let him order a sandwich with his dog accompanying him in the store.

According to a news release, Wawa has also agreed to post signs in stores acknowledging that service animals are welcome, and to train its employees about service animal rights.

Iraq War Veteran and Service Dog Rocky Were Refused Access to Restaurant!

Posted on by

Recently, disabled veteran Eric J. Sloan and his service dog, Rocky, were refused access to a restaurant because of Rocky’s presence.

“This was the first time anything like this ever happened to me,” said Sloan, 40, who has post-traumatic stress disorder (PTSD). “It’s hard to deal with this. It was very insulting.”

Police cited Qui F. Wang, the restaurant owner, with discriminating on account of a service dog. Wang faces a fine.

Sloan’s lawyer said he is planning to file a claim against Wang for violating Sloan’s rights.

Service Animals for PTSD related mental health problems?

Posted on by

CNN features an article about the benefits of Service Animals for mental health issues.

Elizabeth Landau of CNN spotlights Charles Hernandez, 49, and his Service Animal Valor for helping Charles cope with his severe PTSD.

Valor is half Labrador retriever, half Great Dane, and helps Sgt. Charles Hernandez navigate life by alerting Charles to oncoming seizures and calming anxiety attacks. In combination with medications, Charles says Valor has helped alleviate the symptoms of post-traumatic stress disorder.

“I’m alive again,” says Charles, retired from the U.S. National Guard. “What keeps me going is my dog.”

John Ensminger, a New York attorney, says that PTSD in returning veterans is a major reason for the increasing demand for Service Animals.

For the full CNN feature story, click here.