February 21, 2007

Delegate Peter A. Hamden, Chair
Health & Government Operations Committee
House Office Building, Room 240
Annapolis, MD 21401-1912

Re.: H.B. No. 505, Service Animal Reform Act

Dear Mr. Chair:

On behalf of the board and members of the Maryland Area Guide Dog Users, Inc. (MAGDUI), I am writing to indicate our testimony in support of a favorable report from the committee on H.B. No. 505, the Service Animal Reform Act. MAGDUI constitutes the leading Section 501c3 non-profit on guide dog policy related issues and concerns, possessing affiliation with the American Council of the Blind of Maryland (ACBM) and Guide Dog Users, Inc., (GDUI), both of which are non-profits with similar advocacy goals for the visually impaired. We collaborate with ACBM and GDUI to implement policies that will increase the quality of opportunity and ability of service animal teams in Maryland. Despite the Americans with Disabilities Act having been enacted 17 years ago and the existence of provisions sanctioning denying access to places of public accommodation to the “handicap” with their “service dogs” in the Maryland Annotated Code for decades, access denials still occur all too often.

Significantly, an issue that affects the ability of service animals to travel to a place of public accommodation in the first instance is the often unfortunate attack and/or interference of an uncontrolled pet. In light that service animal teams are coming under increasing attack and/or interference, or have the opportunity to become under such attack and/or interference, H.B. 505 constitutes an important and required bill providing an increase in the fine against interference with a service animal to $2, 500. The estimate to train and place a guide dog with a person with a visual disability ranges from $40,000 to $60,000 among schools. To date, thirty-four states have dog guide protection laws that sanction the attack and/or interference by an uncontrolled pet against a service animal team. When a loose or poorly controlled dog interferes with or attacks a blind person with a dog guide, it can undo training and self-confidence for the team. Even if the guide is not physically injured, it may become fearful of or aggressive to other dogs. The fear may manifest itself in the dog's refusal to proceed along the route chosen by its blind master should another dog be present. This limits the blind person's freedom to travel independently and may even force the person to obtain a new dog. H.B. No. 505 constitutes an important tool to deter and allow for a sanction against these offenses. Further, H.B. No. 505 constitutes a natural extension of H.B. No. 11 that passed last session extending protections to animals from third parties. Extending the protections afforded to persons with visual disabilities utilizing dog guides to service animals in training, including, dog guides, and those who are dedicated to training them, is critical so that Maryland will remain a state of welcoming disposition to service animals, their handlers and trainers, and the enhanced independence afforded by these specially bred and trained companions.

In so far as statutory provisions constitutes one critical framework to increasing access to service animals in Maryland, education about such provisions constitutes its important first line of enforcement. MAGDUI and ACBM knows of instances where the police have refused to issue a citation when persons with visual disabilities, including, those with service animals have been struck by vehicles when lawfully crossing the thoroughfares of our great state wherein the operators of such vehicles were “at fault” in striking them. In one such instance when the police refused to issue a citation, the visually impaired person sustained serious and critical life threatening injuries. Regarding the policy changes ensuing from September 11, 2001, MAGDUI serves on an advisory committee to the Maryland Department of Disabilities on emergency preparedness issues and members of our board have participated in drills to educate first responders about service animals. MAGDUI supports H.B. 505 provisions concerning the design and implementation of a training program on service animals to first responders, emergency shelters and the police. MAGDUI is confident that with its active consultation, the Maryland Department of Disabilities can design and implement a training program to various state agencies to educate the sighted, most importantly those furnishing critical services during emergencies and safety incidents, which will be an important tide towards a flood of positive access results.

As service animals are costly to train and place, issues affecting such teams working in the field are technical and specific and not directly addressed by existing statutory provisions, MAGDUI, possessing strong political capital, recommends that H.B. No. 505 receive a favorable report and be duly enacted. Beyond serving as the pro bono CEO and president of MAGDUI, I am an attorney who works with a guide dog and am in direct favor of and can attest to the importance of passing this bill. Please refer to www.magdu.org for further information about MAGDUI and do not hesitate to telephone me at – (410) 241-6745.

Sincerely,

Gary C. Norman, Esq., CEO & president

Maryland Area Guide Dog Users, Inc.

4145 Falls Road

Baltimore, MD 21211