RESOLUTIONS
WHEREAS, the Department of Justice (DOJ) has determined that only dogs would be classified as service animals under the Americans With Disabilities Act (ADA) and has promulgated regulations reflecting this fact; and,
WHEREAS, the Department of Veterans Affairs (VA) has adopted language in lockstep with the ADA and its implementing regulations for purposes of developing and employing policies governing the access rights of service dog teams at VA facilities; and,
WHEREAS, the Blinded Veterans Association (BVA) enjoys a rich heritage based on our working alongside the Department of Veteran Affairs, and in doing so, has contributed to the leadership in the nurturance of VA Blind Rehabilitation into the premier system providing those services which empower blind veterans while enhancing the lives and lifestyles of the blinded veteran experience, as well as impacting the experience of the global community of persons living with blindness; and,
WHEREAS, the Experiences of blind veterans who have encountered a variety of serious problems resulting from aggressive animals posing serious danger to their guide dogs indicate that there is both a lack of knowledge demonstrated by VA Police and, at best, a very inconsistent application of the VA policies described above; and,
WHEREAS, reports establish the fact that a large number of untrained or out-of-control dogs instigate incidents with working guide and service dog teams and that these incidents are frequently either ignored or mishandled by VA Police indicating that they possibly lack the proper tools and training which would enable them to respond more appropriately; and,
WHEREAS, it appears that the VA Police should and could be the most appropriate division of the VA to enforce policies related to service dog behavior on VA facilities, and should also (with sufficient knowledge upon which to base conclusions) be positioned to evaluate the legitimacy of the dog presented as a service dog, and,
WHEREAS, on occasions where VA police have taken action to bar ineligible or out-of-control dogs from entering VA facilities, they have tamped down situations that would otherwise have endangered both blind veterans with guide dogs and other veterans and individuals who were caught in the confusion of an aggression incident; and,
WHEREAS, nineteen states now have laws on their books that make it a crime to impersonate a person with a disability and falsely claim that an animal is a service animal in order to bring the animal into a public place or business, and,
WHEREAS, the VA has facilities in states where such laws are in effect, thereby providing additional authority that VA security personnel should be empowered to utilize in order to protect patients and other VA employees from unruly or aggressive animals; and,
THEREFORE BE IT RESOLVED, that this organization strongly urges executive management within the Department of Veterans Affairs to establish a commission to research the myriad facets of the ADA and its implementing regulations related to service dogs, and make recommendations to the VA regarding policy revisions that would clarify existing policies to give VA personnel clear guidance as to what animals qualify as service animals under the law, what behavior is appropriate for service animals in public places, and the consequences (including criminal or civil penalties available under state law where appropriate) for failure to comply; and,
BE IT FURTHER RESOLVED, that this organization strongly urges the VA to develop and implement a plan to insure consistent interpretation, accompanied by consistent application of said policies throughout the VA; and,
BE IT FURTHER RESOLVED, that this organization also urges the VA to develop educational materials on these service animal access policies which can be widely shared with VA staff and visitors, leading to an elimination of harmful incidents of aggression against qualified working guide dogs and their blind handlers by untrained, impostor or out-of-control dogs; and,
BE IT FINALLY RESOLVED, that this organization strongly encourages the VA to undertake the afore-mentioned efforts in collaboration with representatives from the Blinded Veterans Association, at least two guide dog schools accredited by the International Guide Dog Federation, and a representative from each of the consumer advocacy groups dealing with guide dogs and/or veteran service organizations whose mission is focused on the needs of veterans who have disabilities.
WHEREAS, the Department of Veterans Affairs (VA) has adopted language in lockstep with the ADA and its implementing regulations for purposes of developing and employing policies governing the access rights of service dog teams at VA facilities; and,
WHEREAS, the Blinded Veterans Association (BVA) enjoys a rich heritage based on our working alongside the Department of Veteran Affairs, and in doing so, has contributed to the leadership in the nurturance of VA Blind Rehabilitation into the premier system providing those services which empower blind veterans while enhancing the lives and lifestyles of the blinded veteran experience, as well as impacting the experience of the global community of persons living with blindness; and,
WHEREAS, the Experiences of blind veterans who have encountered a variety of serious problems resulting from aggressive animals posing serious danger to their guide dogs indicate that there is both a lack of knowledge demonstrated by VA Police and, at best, a very inconsistent application of the VA policies described above; and,
WHEREAS, reports establish the fact that a large number of untrained or out-of-control dogs instigate incidents with working guide and service dog teams and that these incidents are frequently either ignored or mishandled by VA Police indicating that they possibly lack the proper tools and training which would enable them to respond more appropriately; and,
WHEREAS, it appears that the VA Police should and could be the most appropriate division of the VA to enforce policies related to service dog behavior on VA facilities, and should also (with sufficient knowledge upon which to base conclusions) be positioned to evaluate the legitimacy of the dog presented as a service dog, and,
WHEREAS, on occasions where VA police have taken action to bar ineligible or out-of-control dogs from entering VA facilities, they have tamped down situations that would otherwise have endangered both blind veterans with guide dogs and other veterans and individuals who were caught in the confusion of an aggression incident; and,
WHEREAS, nineteen states now have laws on their books that make it a crime to impersonate a person with a disability and falsely claim that an animal is a service animal in order to bring the animal into a public place or business, and,
WHEREAS, the VA has facilities in states where such laws are in effect, thereby providing additional authority that VA security personnel should be empowered to utilize in order to protect patients and other VA employees from unruly or aggressive animals; and,
THEREFORE BE IT RESOLVED, that this organization strongly urges executive management within the Department of Veterans Affairs to establish a commission to research the myriad facets of the ADA and its implementing regulations related to service dogs, and make recommendations to the VA regarding policy revisions that would clarify existing policies to give VA personnel clear guidance as to what animals qualify as service animals under the law, what behavior is appropriate for service animals in public places, and the consequences (including criminal or civil penalties available under state law where appropriate) for failure to comply; and,
BE IT FURTHER RESOLVED, that this organization strongly urges the VA to develop and implement a plan to insure consistent interpretation, accompanied by consistent application of said policies throughout the VA; and,
BE IT FURTHER RESOLVED, that this organization also urges the VA to develop educational materials on these service animal access policies which can be widely shared with VA staff and visitors, leading to an elimination of harmful incidents of aggression against qualified working guide dogs and their blind handlers by untrained, impostor or out-of-control dogs; and,
BE IT FINALLY RESOLVED, that this organization strongly encourages the VA to undertake the afore-mentioned efforts in collaboration with representatives from the Blinded Veterans Association, at least two guide dog schools accredited by the International Guide Dog Federation, and a representative from each of the consumer advocacy groups dealing with guide dogs and/or veteran service organizations whose mission is focused on the needs of veterans who have disabilities.
