INTRODUCTION
The membership of Guide Dog Users Inc. (GDUI) states its position on the right to access the services of public entities without discrimination against those blind individuals who would choose to use a guide dog as their preferred mobility aid. In particular, GDUI membership believes that the use of a guide dog to attend rehabilitation programs provided within or funded by state agencies for the blind is, with only one exception, guaranteed by both the Rehabilitation Act and the Americans with Disabilities Act.
THE REHABILITATION ACT AND INFORMED CHOICE, SELF-DETERMINATION AND PERSONAL RESPONSIBILITY
The Rehabilitation Act contains an articulate expression of the accessibility policy for those public entities - including state rehabilitation agencies - that receive Federal Rehabilitation Act funding through the US Department of education. Section 2(c) of the Act says in part:
"It is the policy of the United States that all programs, projects, and activities receiving assistance under this Act shall be carried out in a manner consistent with the principles of ...respect for individual dignity, personal responsibility, self determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities; ...respect for the privacy, rights, and equal access (including the use of accessible formats), of the individuals; [and]...inclusion, integration, and full participation of the individuals."
One of the greatest challenges for blind individuals during initial rehabilitation training Involves learning to navigate the environment with limited or no vision. All United States guide dog training programs require proof of proficiency in orientation and mobility prior to training with the dog. Once a person has become proficient enough at orientation and mobility to successfully complete training at a guide dog program, he or she may then choose the mobility aid, white cane or guide dog, that best suits his or her needs during all phases of travel. This choice must be respected and honored by all public agencies but especially those whose purpose is to promote the well-being and independence of persons who are blind if those agencies are to be compliant with the Rehabilitation Act and its principles of informed choice, self determination and personal responsibility for people with disabilities.
AMERICANS WITH DISABILITIES ACT AND EQUAL ACCESS
The ADA and its implementing regulations affirm the rights of an individual with disabilities to "equal access" to the services of a public entity. In part, the implementing regulations for Title II of the ADA state:
"A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity."
Similarly, the ADA guarantees that persons with disabilities be given "equality in participation" with respect to the programs and services of a public entity. From the U.S. Department of Justice's ADA Title II Technical Assistance Manual:
="Even if a separate or special program for individuals with disabilities is offered, a public entity cannot deny a qualified individual with a disability participation in its regular program. Qualified individuals with disabilities are entitled to participate in regular programs, even if the public entity could reasonably believe that they cannot benefit from the regular program."
EXCEPTION FOR FUNDAMENTAL ALTERATION
The only exception allowed under ADA to the right to use a guide dog in order to access a public entity's programs, services or activities is that to do so would "fundamentally alter the nature" of that program, service or activity. In claiming such an exception under this condition, the burden of proof that allowing guide dog use would result in a fundamental change in the public entity's offering is the responsibility of that public entity. From the implementing regulations for ADA Title II:
"A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity."
Also from the implementing regulations for ADA Title II:
"A public entity shall not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any service, program, or activity, unless such criteria can be shown to be necessary for the provision of the service, program, or activity being offered."
Furthermore, in making its case that its program, service or activity would be fundamentally changed by a specific alteration in its eligibility criteria, the public entity must show that its prohibition on the use of a guide dog is based on objective information that demonstrates the actual benefit of such a prohibition. Again, from the ADA Title II Technical Assistance Manual:
"...the public entity must ensure that its ... requirements are based on [realities] not on speculation, stereotypes, or generalizations about individuals with disabilities."
CONCLUSION
GDUI is disturbed by and opposed to the policies and practices of some state rehabilitation agencies that prohibit the use of guide dogs. To do so violates the letter and spirit of the two most important United States civil rights laws for people with disabilities - the Rehabilitation Act and the Americans with Disabilities Act. The right of a guide dog handler to access the services and programs of public entities is guaranteed by these laws, and any restriction of that right must be supported with evidence of the necessity to do so and not simply justified by paternalistic philosophies or stereotypical concepts of what is best for blind individuals.
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