[wisconsin] Fw: [Wagdu] WAGDU-Access Denial Criminalization Legislation-Draft.rtf

[Katherine Schneider]

This may be of interest to some.  Kathie
Katherine Schneider, Ph.D.
Senior Psychologist, Emerita
Counseling Service
University of Wisconsin-Eau Claire
schneiks at uwec.edu
Author of To the Left of Inspiration: Adventures in Living with Disabilities 
and a children's book Your Treasure Hunt: Disabilities and Finding Your Gold
----- Original Message ----- 
From: "Steven Johnson" <blinddog3 at charter.net>
To: "'Wisconsin Association of Guide Dog Users List'" <wagdu at nfbwis.org>
Sent: Monday, November 21, 2011 8:07 PM
Subject: [Wagdu] WAGDU-Access Denial Criminalization Legislation-Draft.rtf


> National Federation of the Blind of Wisconsin
> Wisconsin Association of Guide Dog Users (WAGDU
> "A proud Division of the National Federation of the Blind."
>
> Dear Wisconsin Legislators,
> Since the passage of the Americans with Disabilities Act in 1990, persons
> with disabilities using service dogs have continuously faced various forms
> of discrimination.  Of these, access denial to places of Public
> Accommodations continues to be an issue that most service dog teams have
> encountered at last one time in their working careers.  It is our 
> intention
> to continue to educate public accommodations on access rights and
> responsibilities, and even more recently, the definition change from that 
> of
> service animals to that of specifically service dogs which only pertains 
> to
> the ADA Titles II and III.  In an effort to expedite due process, we are
> proud to join 34 other States that currently have criminal penalties
> pertaining to access denial, and introduce the following language that we
> would like to continue to develop into a bill that can be introduced to 
> both
> the Senate and Assembly for passage in 2012.  If you would like to discuss
> this proposal in more detail, please contact me anytime.
>
> Sincerely,
>
> Steven C. Johnson
> WAGDU President
> (608) 799-5666
> Blinddog3 at charter.net
>
>
> Dear Wisconsin Legislators, WAGDU membership and supporters,
>
> The following draft Legislative language is proposed with the intent of
> modifying Wisconsin Act-354.  Wis. Act 354 reads as follows:
>
> 2005 WISCONSIN ACT 354
> Act 354 was introduced as 2005 Senate Bill
> 157 by Senator Mark Miller. Act 354 conforms the state public 
> accommodations
> law to the federal Americans with Disabilities Act by providing for equal
> access to a public accommodation by a person with a disability who is
> accompanied by a service animal. A "service animal" is defined in the act 
> as
> a guide dog, signal dog, or other animal that is individually trained or
> being trained to do work or perform tasks for the benefit of a person with 
> a
> disability.
> Public accommodations are places such as lodging establishments,
> restaurants, and other places of business or recreation.
> Previous law prohibited a public accommodation from refusing to permit
> entrance into, or use of, the accommodation by a person with a disability
> who is accompanied by a specially trained dog or by a trainer of such a 
> dog
> if the dog is wearing a harness or leash and special cape, and if the 
> person
> presents credentials issued by a school for training dogs. Act 354, in
> addition, prohibits a public accommodation from otherwise denying the full
> and equal enjoyment of the accommodation to a person with a disability or 
> to
> a service animal trainer because he or she is accompanied by a service
> animal, charging a higher price for the enjoyment of the accommodation, 
> and
> distributing written communications to make it known that patronage by a
> person with a disability or a trainer who is accompanied by a service 
> animal
> is unwelcome or will be denied.
> The act also provides that, while a person accompanied by an animal may be
> asked whether the animal is a service animal, a person with a disability 
> is
> not required to produce documentation on him or herself or the animal.
> Under the act, a service animal is required to wear a harness or leash and
> special cape only when accompanied by a trainer and only a trainer may be
> required to produce documentation for a service animal.
> The only time a service animal may be
> excluded from a public accommodation is when accommodation of the animal
> would result in a "fundamental alteration" in the nature of the
> accommodation or would jeopardize its safe operation. If the animal must 
> be
> separated from its user, the user is responsible for arranging care and
> supervision for the animal during the separation.
> Finally, Act 354 requires a public accommodation to modify its policies,
> practices, and procedures to ensure that a person using a service animal 
> is
> not separated from the animal, that the animal may accompany the person to
> all areas that are open to the general public, and that the person is not
> segregated from other patrons.
> EFFECTIVE DATE
> 2005 Wisconsin Acts 353 and 354 took
> effect May 3, 2006.
>
> Be it noted, that Wisconsin Act 354, and other related laws protecting the
> access rights of service dog handlers, has no penalties in place for being
> denied access to places of public accommodation, and such penalties that 
> we
> propose, would be those same penalties that match those of the 
> interference
> and harassment law, Wisconsin Act 353, but only at the lowest level
> infraction.  The current language for Wisconsin Act 353 pertaining to
> harassment and/or interference of a service dog reads:
>
> The act defines a "service dog" as a dog that is trained for the purpose 
> of
> assisting a person with a sensory, mental, or physical disability or
> accommodating such a disability (Section 951.01 (5), Wisconsin Statutes).
> The new law allows any person to provide notice to another person that his
> or her behavior is interfering with the use of a service dog notice may be
> given in any manner. After receiving that notice and request, a person may
> not recklessly or intentionally interfere with the use of the service dog 
> by
> obstructing or intimidating the dog or otherwise jeopardizing the safety 
> of
> the dog or its user. In addition, the act prohibits recklessly or
> intentionally allowing one's dog to interfere with the use of a service 
> dog.
> Recklessly interfering is a Class B misdemeanor, which is punishable by a
> fine of $1,000 or imprisonment for 90 days or both. Intentionally
> interfering is a Class A misdemeanor, which is punishable by a maximum 
> fine
> of $10,000 or imprisonment for 9 months or both.
>
> We propose the following draft language to be considered in modifying the
> current Wis. Act 354:
>
> The act defines a "service dog" as a dog that is trained for the purpose 
> of
> assisting a person with a sensory, mental, or physical disability or
> accommodating such a disability (Section 951.01 (5), Wisconsin Statutes).
> The new law allows any person to provide notice to another person that his
> or her behavior is interfering with the use of a service dog in accessing 
> a
> public accommodation (Wis Stats Section 106.52)   Notice may be given in 
> any
> manner. After receiving that notice and request, a public accommodation 
> may
> not continue to deny access unless any of the following conditions are 
> met:
> A1. public accommodation may exclude or remove any animal from the 
> premises,
> including a service animal, if the animal's behavior poses a direct threat
> to the health and safety of others. Allergies and fear of animals are not
> valid reasons for denying access or refusing service to an individual with 
> a
> service animal. If a service animal is excluded or removed for being a
> direct threat to others, the public accommodation must provide the
> individual with a disability the option of continuing access to the public
> accommodation without having the service animal on the premises.
> A2.   Any person, firm, or corporation, or the agent of any person, firm, 
> or
> corporation, who denies or interferes with admittance to, or enjoyment of, 
> a
> public accommodation or otherwise interferes with the rights of an
> individual with a disability or the trainer of a service animal while
> engaged in the training of such an animal.
>
> Access denial to places of public accommodation, is a Class B misdemeanor,
> which is punishable by a fine of $1,000 or imprisonment for 90 days or 
> both.
> Intentionally denying access is a Class A misdemeanor, which is punishable
> by a maximum fine of $10,000 or imprisonment for 9 months or both.
>
>
> If you are interested in working with WAGDU to draft a bill, please 
> contact
> the following:
>
> Steven C. Johnson
> National Federation of the Blind-Wisconsin Affiliate
> WAGDU President
> (608) 799-5666
> Blinddog3 at charter.net
>
> Again, we sincerely thank you for your continued interest in supporting 
> the
> right to equal access by everyone.
>


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