Maryland Area Guide Dog Users Inc

What is a service animal? The Americans with Disabilities Act of 1990 (ADA) defines a service animal is any guide dog, hearing dog or other animal specially trained to perform tasks for a disabled person.

Guide dogs are specially bred and trained dogs of many breeds that help their blind or visually impaired partners travel, independently, anywhere they wish to go. Guide dogs perform these tasks as they guide their human partners inside and out, in environments ranging from urban, to suburban, to rural:

* Keep on a direct route, ignoring distractions such as smells, other animals and people

* Recognize and avoid obstacles including narrow passageways and overhead protrusions

* Bring the handler to elevator buttons, stair railings, seats, and other objects hich the handler may wish to identify

* Help the handler to board and move around buses, subways and other public conveyances

In addition, a guide dog is trained to disregard a handler's command if following it would put the handler in danger. This ability, called selective disobedience, is perhaps the most amazing, and for their blind and visually impaired partners, reassuring, aspect of guide dogs' capabilities. A dog can assess a situation and determine when obeying a handler's command to, for example, go forward, would likely compromise the handler's safety; in such a circumstance, the dog will "selectively disobey" the handler's command, to keep a blind partner safe.

* When guiding people with visual impairments, offer them your arm rather than grabbing or pushing them.

* Always ask permission before you interact with a person's guide dog or service dog.

A world where all guide dog teams can enter places of employment, amusement or public accommodation, without hearing the words, "That dog is not allowed in here."

Health - We obtained an affordable veterinarian services national group benefit for all members of our parent organization (Guide Dog Users, Inc. [GDUI]) so that guide dog users can better afford medical care for their canine partners.

Education - We have reached out to educate members of the general public, providing presentations on assistance dogs and guide dogs at seminars, schools and churches.

Advocacy - We have advocated for the rights of guide dog users at the federal and state levels of government.

Legal - We have filed our articles of incorporation and had them accepted, and we expect to receive certification as a 501C-3 not-for-profit agency.

Lobbying - We have drafted and lobbied for passage of legislation to protect guide dog teams from attack and theft.

Training - We have provided training and developmental opportunities to our members, including a seminar on dog message and in collaboration with our partners, the Maryland School for the Blind and the American Heart Association, a CPR certification.

Help - We are working on establishing a national mentorship service for new guide dog teams. We have established a pilot ambulance service for guide dogs in Baltimore County.

My name is Gary Christopher Norman, Esq. I am an attorney who works with a guide dog and serve as president of a new non-profit named, the Maryland Area Guide Dog Users, Inc (MAGDUI). I write on behalf of my board and general membership to furnish public comment pursuant to the Notice of Proposed Rule-making, which proposes to undertake certain amendments to the regulations at 14 C.F.R Part 382.

Before formally furnishing comment with proposed justifications or regulatory language that should comprise amendments, if any to the existing regulations, I desire to generally express the support of the board and membership of MAGDUI to ensure access to U.S. air carriers for guide dog teams. We also ardently support expanding the panoply furnished through the U.S. Air Carriers Access Act (ACAA), as implemented through the regulations at Part 382 and any concordant DOT program guidance to cover international travel. Your department of the government will likely receive public comment from air carriers be crying, ludicrous as their claims may be, that the regulations should not undergo amendments to ensure the same level of access guaranteed to guide dog teams during U.S. travel to international flights. These air carriers, which are in large part, publicly funded corporations, will argue financial burden or the inability to allow guide dogs in their cabins because of prohibitions of foreign governments. Despite the myriad public comments your department of government will likely receive from U.S. air carrier trade associations; these will not be sufficient to counterpoise the well-reasoned comments of the guide dog community.

The board and membership of my newly formed non-profit, which is the leading organization in the Washington DC metropolitan area on guide dog issues, are in their predominant number blind or visually impaired persons partnered with specially bred and trained assistance dogs. I am among their number and am partnered with a guide dog named Langer. My partner in interdependent travel and enhanced quality of life style and I travel by and through flight in the range of ten (10) times a year. We desire to travel internationally. We will not travel to international destinations, however, because at the present time, U.S. air carriers disparately or intentionally facilitate and transfer the kind of discriminatory conduct in which they cannot generally engage within the national air system to international flights. I consequently write on behalf of my board and membership with particular focus towards and in support of amending the regulations at Part 382 to ensure access to guide dog teams in international travel.

The U.S. Department of Justice (DOJ) regulations incorporate the definition of service animals found in the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §12101 et seq. The meaning of a service animal under this law is, “any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.^{^[1]}”

Access for the handlers of assistance dogs at U.S. airports and on airlines is governed by the U.S. Air Carriers Access Act (ACAA) and its implementing regulations at Part 382. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §794, prohibits discrimination based on disability in federally assisted programs. In response to an U.S. Supreme Court decision holding that unsubsidized air carriers who did not receive federal assistance were not subject to the Rehabilitation Act of 1973,[2] Congress enacted the U.S. Air Carrier Access Act of 1986, which provides a prohibition against “…discrimination on the basis of disability by all air carriers, and authorizes DOT to issue regulations to ensure nondiscriminatory treatment of qualified handicapped individuals consistent with safe carriage of all passengers on air carriers.[3]” The legislative history reflects an intent that “…all air carriers were to be bound by affirmative responsibilities similar to those set forth in…the existing regulation.” Second, the specific intent of the statute is to remedy “discriminatory, inconsistent and unpredictable treatment’ of air travelers with disabilities….[4]”

The general prohibitions against discrimination based on disability by U.S. air carriers are at 14 C.F.R. §382.7(a) (1)-(4) and 14 C.F.R. §382.31(a)-(c). Under the regulatory authority, both small and large air carriers must provide accessible boarding assistance to passengers with disabilities. Air carriers must provide to passengers with disabilities, information concerning facilities and services related to the provision of air travel.^{^[5]} This includes, among other responsibilities, the obligation of U.S. air carriers to inform passengers with disabilities of any limitations to providing accommodations and whether an accessible lavatory exists.^{^[6]} Air carriers also must train their staff on the regulation and how to implement their own policies and procedures for accommodating passengers who have disabilities.[7]

U.S. air carrier personnel may refuse the provision of air travel to passengers with disabilities based on safety or if their carriage would violate the Federal Aviation regulations. Air carriers, however, in exercising this authority cannot discriminate against a qualified person with a disability based on that individual’s disability. If an U.S. air carrier refuses the provision of travel to passengers with disabilities on the basis of their disabilities, said U.S. air carrier must provide in writing within ten (10) days of the flight why they believe the disability would be inimical to flight safety.[8] In addition, and under certain circumstances, air carriers may refuse transport to a passenger with a disability with a communicable disease, which poses a “direct threat”^{^[9]} to the “health or safety” of the flight.

Specifically regarding relief areas, as discussed infra, we understand the DOJ applies the “readily achievable” standard to entities the size of airports to encourage, if not require, furnishing relieving areas for handlers of assistance dogs. In 2000, Congress amended the ACAA to require foreign air carriers to comply with U.S. accessibility standards and strengthen enforcement by DOT.

Like our parent non-profit, which is named Guide Dog Users, Inc. (GDUI), the board and membership of MAGDUI fervently believes and argues that access to the streams of inter-state and international commerce must be broadly accessible to the disabled and able-bodied public. We understand that an issue that has been of concern in the service animal community as of late could bear itself in potential amendments to the regulations. Efforts have been afoot by the subpopulation of persons with disabilities who suffer with mental disabilities to expand the definition of service animals to cover “emotional support animals.” Like our parent organization, we behold concerns about the inclusion of emotional support animals within the gambit of the definition of service animals, particularly as it applies to allowing these emotional support animals in the cabins of U.S. air carriers.

Since emotional support animals are not necessarily bred and trained to meet the same standards as are assistance dogs, the board and membership of MAGDUI recommend that the regulations not receive amendment to include emotional support animals within its gambit of legal protection.

The demarcation between emotional support animals and the household pet is foggy at best. To the extent, however, that it can be demonstrated either now or in the future these emotional support animals benefit from the same level of breeding and training as are assistance dogs, (e.g., guide dogs), and, therefore, can legitimately fall within the gambit of the definition of service animals, as was intended under this landmark civil rights statute, then we recommend that the issue of emotional support animals would best be managed through the flexibility fostered through the issuance of program guidance. In this guidance, flexibility should be given to U.S. air carriers to determine upon provision of credible proof that emotional support animals are specially bred and trained assistance dogs. This approach is particularly advisable in view of the lack of universal acceptance by other foreign sovereigns of animals other than assistance dogs accompanying individuals in passenger cabins. Categorizing emotional support animals as assistance dogs will only continue to addle flight crews in the U.S. Any amendments that would include emotional support animals in the gambit of protections under ACAA would have the potential to worsen the experience of disabled passengers who travel with appropriately bred and trained assistance dogs. The board and membership of MAGDUI favors the provision, which allows U.S. air carrier personnel to ask for documentation when a clear question as to whether a particular animal constitutes an assistance dog exists.

Another justification for not amending the regulation at Part 382 to include emotional support animals within the purview of its protection is to protect the rights of a disabled passenger traveling with a guide dog in instances where seating on a plane is limited. The on board presence of myriad animals that could fall into either pets or emotional support animals, all of whom may not possess the same standards as assistance dogs; this could compromise the ability of guide dog teams to securely travel.

SHOULD U.S. AIRPORTS BE REQUIRED TO FURNISH AT LEAST ONE, IF NOT MORE PLACES FOR RELIEVING DOGS?

We acknowledge that in the spirit of good faith, handlers of assistance dogs must resolve all implementation issues regarding availability of relief areas, escort assistance, and security measures, through dialogue that balances the concerns and interests of all the parties. We emphasize the joint responsibilities of handlers and U.S. airports to maintain relief areas.

Many handlers report difficulties with toileting their assistance dogs or service animals at U.S. airports because:

Whether designated, most areas provided by U.S. airports for assistance dog relief are either grass or paved, and may have trash receptacles located nearby. Few U.S. airports allow handlers to relieve their animals in the same areas used by airport security dogs. Of particular concern is whether U.S. airports provide relief areas within secure locations available after screenings at the “security checkpoints.”

U.S. airport security requirements and restrictions affect the availability of and timely access to relief areas. Need clearly exists for an expansion of relief areas inside and outside of the secure zones of airports.

We emphasized that the airport relief areas should be accessible, clean, and free of vehicular traffic, in areas where the noise levels are safe and, if feasible, afford privacy. We recommend that these relief areas, if any, should also provide receptacles for the disposal of dog defecation. We recommend that U.S. airports provide or post information concerning relief areas in accessible formats.

We understand that U.S. airports differ as to the maintenance of relief areas. Cleanliness of relief areas is an important health and safety issue. We recommend enhanced education of U.S. airports and handlers on maintaining relief areas.

Handlers have noted that appropriate escort assistance is not always available when needed and duly requested. U.S. airports and airlines that do furnish escort assistance may rely upon contractors for this task. Contractors or “sky caps” may neither know the location of relief areas nor speak English. They may also fret when assistance dogs are near.

It is the responsibility of handlers to train their guide dogs in alternative relief methods for emergency and other unusual situations. Handlers of assistance dogs, (e.g., guide dogs), should be prepared to rely upon alternative relief methods, such as placing a disposal diaper on the floor of an approved limited area, and other methods when necessary. Handlers who have difficulty with waste disposal when using designated relief areas, or using an alternative relief method when necessary, can obtain volunteer or paid assistance.

We reiterate the importance of U.S. airports furnishing outside relief areas within airport secure zones. One issue that arises when handlers exit the building or terminal to visit a relief area is how they must re-proceed through security screening measures. We understand that when handlers rely on airport or airline escort assistance to leave secure airport zones and visit relief areas located outside those said secure zones, the handler and escort are occasionally permitted to proceed to the front of the security check-in-line. We understand when a handler without airport or airline escort assistance leaves secure airport zones to visit a relief area located outside of those said secure zones, the handler must return to the rear of the check-inline to be re-screened. Cooperation is needed from the Transportation Security Administration (TSA) to develop and implement a consistent policy so that handlers do not miss flights or become subject to unnecessary additional security screens because of their disabilities.

We believe that responsibility rests upon handlers to undertake appropriate action, when possible, to reduce the likelihood that a service animal will require relief while in transit via an airline. However, this may not always be possible. As such, we are in favor of amending the regulation at Part 382 to require U.S. airports to provide accessible relieving areas. We are equally in favor of accomplishing the same requirement through the issuance of program guidance, if your department of the government deems that the best approach.

Appropriate surface for relief may consist of any of the following: grass, dirt, sand, or paved surface such as asphalt or concrete. A safe relief area is free of vehicular traffic and of noise levels damaging to hearing. Relief areas should be equipped with trash receptacles to maintain cleanliness.

All handlers of guide dogs agree that the handler is responsible to assure that the animal waste is removed and disposed, even if the handler needs volunteered or paid assistance. We recommend that U.S. airports will need to draft and implement a policy to ensure that the area is kept clean in the event that some handlers fail to follow through with clean-up. We speculate as to the possibility of U.S. airports collaborating with their local assistance dog training or handler organizations to select locations and devise a maintenance plan for relief areas.

EXPAND THE COVERAGE OF THE PANOPLY TO ENSURE THAT GUIDE DOGS CAN FLY INTERNATIONALLY

We vehemently advocate for the rights of disabled individuals to be the ones who determine whether or not their assistance dogs can successfully travel on long-duration flights within or without the United States. Many active guide dog teams have repeatedly negotiated these flights without negative effects establishing a successful track record and should not be denied the opportunity to fly. We further recommend that all U.S. carriers be required to transport disabled handlers and their appropriately bred and trained assistance dogs in passenger cabins to all destinations, where these individuals are legally entitled, whether through civil rights statutes and regulations of other foreign nations, or international treaties, or compacts or declarations. For example, the United Kingdom has established legal provisions allowing assistance dogs to fly into and visit their nation.

In justification of amending the existing regulations to cover foreign air travel, we refer to the language of the regulation at 14 C.F.R. §382.5, which define respectively “air carrier” and “air transportation” as, “Air carrier means any citizen who undertakes…to furnish air travel. Air transportation means interstate, overseas, or foreign air transportation….” In 2000, Congress amended the ACAA to require foreign air carriers to comply with U.S. accessibility standards and strengthen enforcement by DOT.

As such, we contend that the justification for amending the regulatory structure to ensure access to foreign air travel exists in the very Part 382 presently subject to public comment. We desire to propose a new section to cover access to foreign air travel.

Air carriers, in accordance with the general prohibitions set forth in this Part, shall not discriminate against a qualified individual with a disability in flying to foreign destinations. Among the other actions in which air carriers may not engage is requiring assistance dogs to be crated in the stowage compartment of the air craft.

If a foreign sovereign has law or policy that prohibits access to guide dog teams, then the air carrier shall work with the qualified individual with a disability to furnish the highest level of service possible and ensure reasonable accommodations to such qualified individual with a disability. Air carriers are presumed to be in the best position to know whether the foreign destinations to which they travel have law and policy, which favors access to persons with disabilities. If a qualified individual with a disability, through no fault of his own has purchased a ticket to fly to a foreign destination, and the air carrier later informs such qualified individual with a disability that the assistance dog must be crated in the stowage compartment of the air craft, the air carrier shall give the qualified individual with a disability the option of a refund.

In the circumstance where a foreign sovereign has laws or policies adverse to the access of qualified individuals with disabilities to their nation, air carriers shall revisit and alter any internal policies governing the stowage of assistance dogs in their air craft when a qualified individual with a disability furnishes credible proof that a foreign sovereign has amended their laws or policies regarding the admittance of an assistance dog to their nation.

We recommend that Part 382 sustain no amendment that would allow U.S. air carriers to charge handlers of assistance dogs the price of a seat to transport their said assistance dog in the cabin of the aircraft. The ADA prohibits charging service animals a surcharge fee. Likewise, we note the Final Rule published at 61 F.R. 56421, Question No. 12, (Nov.1, 1996), which states:

The ACAA prohibits special charges, such as deposits or surcharges, for accommodations required to be made to passengers' disabilities. This is true even if such charges are routinely required to transport pets. However, an airline can charge passengers with disabilities if a service animal causes damage, so long as it is the regular practice of the airline to charge non-disabled passengers for the same types of damages. For example, the airline can charge passengers with a disability for the cost of repairing or cleaning seats damaged by a service animal if it is the airline's policy to charge when non-disabled passengers cause similar damage.

Clearly, even under the language of this Final Rule, which published in the Federal Register in order to apply certain guidance that the DOJ had issued regarding service animals, charging a fee is prohibited in the context of airlines. Therefore, any charge by an U.S. air carrier to an assistance dog or service animal team for the price of a seat is prohibited by the ACAA.

I have never been charged a fee or price of a seat to transport my assistance dog or service animal in the cabin of aircraft on any of the two U.S. carriers I predominantly fly. Any amendment that would allow U.S. air carriers to charge the price of a seat to teams to transport their assistance dog or service animal in the cabin of the aircraft would constitute a potential financial hardship. We also note the extensive discussion about seat accommodations in the Final Rule.

Anecdotally, I have found it best, when not flying First Class to sit in the bulkhead section of the “coach cabin” of aircraft. It might be best to work with the service animal community to issue guidance in this regard. I recommend that when ever possible, service animal teams sit in the bulkhead if they fly in the “coach cabin” of aircraft. I have similarly flown in the bulkhead section of First Class. In either circumstance, the bulkhead appears to provide the widest depth of space on the floor for my guide dog.

We recommend a deletion to the language of the regulation at 14 C.F.R. §382.33(b) (7) as to guide dog teams who travel as a group. We also recommend clarification to the language of the regulation at §382.33(f).

We concur with the well-reasoned policy statement of the National Council on Disability dated July 8, 2004, which posits that the ACAA should sustain amendment to furnish a private right of action to persons with disabilities.

Despite the heightened attention that DOT has focused towards enforcement of the rights of qualified individuals with disabilities to fly equally as their able-bodied peers, much work remains. Concern exists among the handlers of guide dogs that the regulations sustain a certain expansion to include emotional support animals. We support amending the regulation at Part 382 to remedy, among other issues that qualified individuals partnered with assistance dogs not be discriminated against when flying to foreign destinations. It appears that Congress will need to legislatively amend the statute to provide for a private right of action. To the extent, however, your department of the government can parlay the tool of regulatory promulgation or the issuance of program guidance to initiate favorable progress towards furnishing a private right of action to allow aggrieved individuals with disabilities to seek redress, we recommend amending the regulation at Part 382 to provide for a private right of action, or in the alternative, language to that effect, which while not exceeding the scope of the statute, as presently amended, would evidence the intent of the agency that qualified individuals with disabilities have access to such right. Likewise, if this could implement by and through the issuance of program guidance, then we support that agency action.

(a) The name of this non-profit is the Maryland Area Guide Dog Users, Inc. ("MAGDUI"), whose principal office is presently located at: 14311 Astrodome Dr., Silver Spring, MD 20906. This reflects the address of the present treasurer, which may change either as a new treasurer is elected under these by-laws or MAGDUI acquires and opens a permanent business office to the public.

(b) The name of MAGDUI shall not be used by any person or organization without the expressed written consent of its Board of Directors.

(a) This non-profit is organized exclusively for one or more of the purposes as specified in Section 501(c)(3) of the Internal Revenue Code, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code.

1. To promote acceptance and inclusion of guide dog users by all Federal and State governmental agencies and bodies, employers, public places of accommodation and the public, which shall occur through, among other means and settings, seminars and other educational events.

2. To promote expansion and standardization, and collaborate and strive to enhance enforcement of civil and criminal provisions governing the rights and responsibilities of guide dog users, with particular emphasis in the areas of access, employment, housing, personal injury, transportation and recreation. This shall occur through among other means and settings, as permissible, meeting with governmental representatives, reporting to governmental committees, agencies and boards.

3. To collaborate with guide dog training providers and organizations to contribute input into among others the topics of accommodation, health care, selection, and training for humans and guide dogs.

(c) To have the normal functions, operations, programs and pursuits incidental to a fully recognized and operational 501C3 non-profit.

(a) MAGDUI shall be a membership organization, whose duly certified members may exercise the following actions and powers:

4. Give general direction as to issues, interests and concerns MAGDUI should pursue.

(b) MAGDUI shall have only one class of members, each of whom shall have the same rights or privileges and conditions, including –

2. Upon furnishing accessible demand to the Secretary, to inspect at any reasonable time and for a reason related to his or her membership, the books, records or minutes of proceedings of the members or of the board or any of its committees. Members shall have such other rights to inspect the books, records and properties of MAGDUI as legally required.

(c) Members shall be guide dog users, the relative of a guide dog user, or have demonstrated interest in issues and concerns of guide dogs.

(d) Members shall annually remit to the Treasurer, a membership fee, as determined based on applicable charges and fees required for members to belong to ACBM, MAGDUI and GDUI.

(e) A member of MAGDUI is not personally liable for the debts, liabilities or obligations of the non-profit.

1. Upon his or her giving accessible notice of such termination and its delivery to the President or Secretary of MAGDUI.

2. Upon a failure to renew his or her membership by paying dues or fees on or before their due date, such termination to be effective 30 days after telephonic or electronic notification of delinquency is given to such member by the Treasurer. A member may avoid such termination by paying the amount of delinquent dues or fees within a 30 day period following the member's notification.

3. After providing the member with reasonable accessible written notice and an opportunity to be heard either orally or in writing, upon a determination by the Board of Directors that the member has engaged in conduct materially and seriously prejudicial to the interests or purposes of the corporation. Any person expelled from the corporation shall receive a refund of dues or fees already paid for the current dues period.

(a) MAGDUI shall annually hold, in connection with the ACBM, a general membership meeting. The President may call additional meetings for the general membership to convene together as a whole or in geographic cohorts.

(b) The time and place of the annual general membership meeting shall be determined based on the location of the convention of ACBM.

(c) The meetings of MAGDUI shall occur in any location and through such alternative means, such as telephone conference calls to best meet the transportation circumstances of the board of directors and members.

1. Board meetings shall occur quarterly, and special meetings may be called by the President upon advance notice to the board.

2. Meetings of both the Board of Directors and the members shall be presided over by the President, or in his or her absence, the Vice President, or, in the absence of each of these persons, by a Chairperson chosen by a majority of the directors or members present at the meeting.

3. The Secretary of MAGDUI shall act as secretary of all meetings of the board and general membership, and in his or her absence, the presiding officer of the meeting shall appoint another person to act as Secretary.

(e) At least ten registered members of MAGDUI shall constitute a quorum for conducting business. At least four voting members of the Board of Directors shall constitute a quorum.

1. The time, date and place of regularly scheduled meetings of the board of directors shall be determined at the conclusion of each quarterly meeting.

2. At least 2 weeks prior notice of each special meeting of the board shall be given by the President, or Secretary acting as designee of the latter.

3. When ever these by-laws mandate the provision of notice, it must be accessible and may be delivered and communicated personally, by telephone or by e-mail.

4. Whenever these by-laws require the provision of notice, it shall state the place, date and time of the meeting and the proposed matters.

(g) The most recent edition of the Robert's Rules of Order shall govern the operation of meetings.

(b) All fees, membership and other requirements of affiliation with the ACBM and GDUI shall be provided as determined by those organizations.

1. MAGDUI presently has seven voting directors and one non-voting director collectively known as the Board of Directors. The board of directors shall not expand beyond eleven persons and shall never have an even number of voting members.

2. Directors, including officers must be in good standing and active members of MAGDUI.

3. Directors, including officers must meet the general requirement of membership set forth in Article 3(c).

1. Subject to the provisions of Maryland law, the activities and affairs of MAGDUI shall be conducted and all corporate powers shall be exercised by or under the direction of the Board of Directors.

2. The Directors, including officers of MAGDUI shall have the following duties –

(A) Through resolution, appoint and remove, employ and discharge, and prescribe the duties and fix the compensation, if any, of agents or employees.

(B) Supervise all officers, directors, agents and employees to assure that their duties are performed properly.

(D) Register their contact information with MAGDUI's Secretary. 3. The directors, including officers shall perform the usual duties of their office.

1. MAGDUI’s entire board of directors shall be elected each two years, with officers being elected in even-numbered years and other directors being elected in odd-numbered years.

2. Each director, including officers, shall hold office for 2 years and shall serve until his or her successor is elected.

3. The President shall not be elected to more than three consecutive terms or no more than 8 years upon taking the office after the death, resignation, or removal of the predecessor and appointment to the office of President thereto.

4. The Vice President shall not be elected to more than three consecutive terms or no more than 8 years upon taking the office after the death, resignation, or removal of the predecessor and appointment to the office of Vice President thereto.

5. The Secretary and Treasurer shall not be elected to more than three consecutive terms or no more than 8 years upon taking their respective offices after the death, resignation, or removal of their predecessor and appointment to their office thereto.

6. For the purposes of calculating the number of terms an individual has served in any office, a partial term, (any term less than a term provided herein), shall not be considered as a term in office.

(e) Directors, including officers shall serve without compensation, except that a reasonable fee, if MAGDUI's finances permit, may be paid to directors, including officers, to help with attending regular and special meetings of the board. In addition, Directors, including officers, shall, if finances permit, be allowed reasonable advancement or reimbursement of expenses incurred in the performance of their duties.

(f) In addition to the seven voting members of the board of directors, the immediate Past President shall be a member of the Board of Directors, but shall not have voting privileges. The immediate Past President shall serve until there shall be a new immediate Past President or until elected to another position. Upon resolution of the board and a majority vote, the immediate past president may be designated and serve as a non-voting Chairman of that body. The board or membership may never make the immediate past president a voting member of the board of directors.

1. Shall be by a simple majority of members present and eligible to vote at any election.

3. If no nominee receives a majority of the vote on the first ballot, a second ballot shall be cast between the two nominees receiving the largest number of votes on the first ballot.

1. Vacancies on the Board of Directors shall exist on the death, resignation or removal of any director, including an officer.

2. Any Director, including an officer may resign effective upon giving advance accessible notice to the President. In the case of resignation of the president, notice shall be given to the secretary.

3. No Director, including an officer may resign if the non-profit would then be left without a duly elected Director or Directors in charge of its affairs, except upon notice to the Office of the Attorney General or other appropriate agency of this State.

4. Directors, including officers may be removed from office only upon cause. Directors, including officers shall be removed only after such directors or officers have an opportunity to explain their case at a meeting of the general membership and a majority vote thereby for dismissal. The foregoing removal explanation and dismissal process may occur at either a general membership meeting or special meeting, what ever be the closest.

(A) Unless otherwise prohibited by the Articles of Incorporation, these Bylaws or provisions of Law, vacancies on the Board may be filled by appointment of the President and a majority vote of the Board of Directors.

(B) If the number of directors then in office is less than a quorum, a vacancy on the board may be filled by approval of a majority of the directors then in office or by a sole remaining director.

(C) A person elected to fill a vacancy on the board shall hold office until the next election of the Board or until his or her death, resignation or removal from office.

(k) The directors, including officers shall not be personally liable for the debts, liabilities or other obligations of MAGDUI. Indemnification and maintenance of insurance by MAGDUI of Directors, including officers –

1. The directors of MAGDUI, including officers shall be indemnified by the non- profit to the fullest extent permissible under the laws of this state and as finances allow.

2. Except as may be otherwise provided under law, the Board may adopt a resolution authorizing the purchase and maintenance of insurance on behalf of any agent of the non-profit (including a director, officer, employee or other agent) against liabilities asserted against or incurred by the agent.

(a) The non-profit shall have such other committees as may from time to time be designated by the President and approved by the Board of Directors. These committees may consist of persons who are not also members of the board and shall act in an advisory capacity to the board.

Article 8 - IRC 501(c)(3) Tax Exemption Provisions, Records & Financiers of MAGDUI:

1. No substantial part of the activities of MAGDUI shall be the carrying on of propaganda, or otherwise attempting to influence legislation (except as otherwise provided by Section 501(h) of the Internal Revenue Code). MAGDUI shall not participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of, or in opposition to, any candidate for public office.

2. Notwithstanding any other provisions of these Bylaws, MAGDUI shall not carry on any activities not permitted to be carried on -

(A) by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code.

(B) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code.

(b) Prohibition Against Private Inurement - no part of the net earnings of MAGDUI shall inure to the benefit of, or be distributable to, its members, directors or trustees, officers or other private persons, except that the non-profit shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of its purposes.

1. Upon the dissolution of MAGDUI, its assets remaining after payment, or provision for payment, of all debts and liabilities of this non-profit shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code or shall be distributed to the federal government, or to a state or local government, for a public purpose.

2. Such distribution shall be made in accordance with all applicable provisions of the laws of this State.

(d) Private Foundation Requirements and Restrictions - in any taxable year in which MAGDUI is a private foundation as described in Section 509(a) of the Internal Revenue Code, MAGDUI 1. Shall distribute its income for said period at such time and manner as not to subject it to tax under Section 4942 of the Internal Revenue Code.

2. Shall not engage in any act of self-dealing as defined in Section 4941(d) of the Internal Revenue Code.

3. Shall not retain any excess business holdings as defined in Section 4943(c) of the Internal Revenue Code.

4. Shall not make any investments in such manner as to subject the non-profit to tax under Section 4944 of the Internal Revenue Code.

5. Shall not make any taxable expenditure as defined in Section 4945(d) of the Internal Revenue Code.

1. Minutes of all meetings of directors, committees of the board and, of all meetings of members, shall indicate the time and place of holding such meetings, whether regular or special, the notice given and the names of those present and the proceedings thereof.

2. Adequate and correct books and records of account, including accounts of its properties and business transactions and accounts of its assets, liabilities, receipts, disbursements, gains and losses.

3. A record of its members, indicating their names and addresses, and the termination date of any membership.

4. A copy of the Articles of Incorporation and Bylaws as amended to date, which shall be open to inspection by the members at all reasonable times during office hours.

(f) The board shall cause, within the time limits set by law, any annual or periodic report required under law to be prepared and delivered to an office of this state or to the members.

(g) The Board of Directors, except as otherwise provided in law, may by resolution authorize any officer or agent of the corporation to enter into any contract or execute and deliver any instrument in the name of and on behalf of MAGDUI, and such authority may be general or confined to specific instances. Unless so authorized, no officer, agent or employee shall have any power or authority to bind MAGDUI by any contract or engagement, to pledge its credit, or to render it liable monetarily for any purpose or in any amount.

1. Except as otherwise specifically determined by resolution of the Board, or as otherwise required by Law, checks, drafts, promissory notes, orders for the payment of money and other evidence of indebtedness shall be signed by the President or Treasurer. The President or Treasurer may not engage in financial transactions above $150.00 without prior board notification and a majority vote thereto.

2. All funds of MAGDUI shall be deposited from time to time to the credit of the non-profit in such banks, trust companies or other depositories as the Board may select.

3. The Board may accept on behalf of MAGDUI, any contribution, gift, bequest or devise for its nonprofit purposes.

There shall be a committee charged with the task to review these by-laws and propose changes, if necessary to them. Any proposed changes to the by-laws will be discussed at a general membership meeting and be voted on at that time. A two-thirds majority of the total number of members present at a properly constituted general membership meeting is necessary to amend these by-laws.

We, the undersigned, are either all of the initial directors or incorporators of this corporation, or its members and we consent to, and hereby do, adopt the foregoing Bylaws, consisting of __________ preceding pages, as the Bylaws of this corporation.

FIRST: The undersigned incorporator, Gary Norman, Esq., whose address is, 10 Breton Hill Rd., Apt 1B, Baltimore MD 21208, being at least eighteen years of age, do (es) hereby form a corporation under the laws of the State of Maryland.

SECOND: The name of the corporation is the Maryland Area Guide Dog Users (MAGDU), Inc.

THIRD: The purposes for which the corporation is formed are as follows: To serve as a resource to the public concerning issues about and with service animals, (i.e., guide dogs), and to advocate for the equality of opportunity and quality of life of the visually impaired and the service animals they choose as their mobility aid of choice. MAGDU, Inc., will parlay all legal and policy tools to fulfill its mission of protecting the civil rights of Maryland service animal users and their companions.

FOURTH: The street address of the principal office of the corporation in Maryland is: 14311 Astrodome Dr., Silver Spring, MD 20906.

FIFTH: The name of the resident agent of the corporation in Maryland is Jane Sheehan, whose address is: 14311 Astrodome Dr., Silver Spring, MD 20906.

SIXTH: The Corporation has no authority to issue capital stock. Moreover, provisions of the Maryland General Corporation Law apply, unless requirements for non-stock corporations or other sections for specific classes of corporations govern.

SEVENTH: The number of directors of the corporation shall be (5) five, which number may be increased or decreased pursuant to the bylaws of the corporation. The name(s) of the director(s), who shall act until the first meeting or until their successors are duly chosen and qualified is/are: Gary Christopher Norman, Esq.; Jane Sheehan; Ruth Heirsine; Gary Legates and; Vanessa Lowery.

EIGHTH: IN WITNESS WHEREOF, I have signed these articles, and I hereby consent to my designation in this document.

To adopt a corporate seal and sue for the rights of disabled service animal users.

To adopt or otherwise alter existing by-laws as are consistent with law and the purposes of this corporation.

And, to exercise all powers and undertake any legal acts that are consistent with laws of Maryland and the purposes of this corporation.

TENTH: Consistent with the by-laws, the non-stock corporation with respect to directors and members shall observe the following provisions:

Prescribe the tenure and conditions of office of directors and officers, one of which is that, they must be members of this non-stock corporation and cannot be elected to serve for a shorter period than the interval between annual meetings.

Provide that any action may be taken or authorized by the number or proportion of its directors and officers entitled to so vote. The organizational meeting of g

Specify the rights, privileges and qualifications of membership as well as the amount and kind of notice that must be given about meetings.

Provide for the number or proportion of voting members whose presence whether in person or via proxy constitutes quorum.

If the number of members at a properly called meeting of this non-stock corporation is insufficient to constitute quorum to take action on a proposal or other matter, another meeting may be called, if the members so present whether in person or via proxy call for the additional meeting. 15 days accessible notice shall be given with regard to the additional meeting. Finally, a majority of the members present at the additional meeting whether in person or via proxy may approve or authorize the proposed action and take such other actions as could have been taken at the original meeting if there had been quorum.

Provide for the right of members to vote through alternative methods, such as via a determination of the voice vote on a telephone conference, or e-mail, as to a proposal or election of directors and officers as long as those voting are qualified for such right.

In the circumstance where there are no members, the directors and officers of the non-stock corporation when meeting in their capacity shall constitute the membership and will have all the powers of members. There may be as little as one member who shall fill vacancies and continue the corporate existence.

ELEVENTH: in the event of dissolution or a forfeiture of the charter to exist as a non-stock corporation within the state of Maryland:

Every liability and obligation of the corporation shall be paid or discharged or adequate provision for such payment or discharge will be made.

Assets which the non-stock corporation holds and to which valid legal requirements apply shall be returned, transferred, or conveyed pursuant to law.

In the event that the non-stock corporation holds assets not subject to legal requirements as to their return, transfer, or conveyance, specifically limiting them for charitable, religious, eleemosynary, benevolent, or other purposes, such return, transfer, or conveyance shall take place with another Maryland or foreign corporation or association with a similar purpose.

Remaining assets, after any liabilities or obligations to individual board members and officers, general membership have been satisfied, may be disposed of and distributed to other persons, organizations, or Maryland or foreign corporations or associations. Finally, unless the decree of a court of competent jurisdiction provides otherwise, the provisions of Maryland Corporations and Association Article §§ 3-412, 3-517, & 3-518 shall apply.

TWELFTH: this non-stock corporation may only consolidate or merge with another Maryland non-stock corporation.

^{^[1]}http://www.usdoj.gov: 80/crt/ada/qasrvc.htm.

^{^[2]}See National Council on Disability, Unequal Protection under Law: An Independent Assessment of Federal Enforcement of the Air Carrier Access Act. ENFORCING THE CIVIL RIGHTS OF AIR TRAVELERS WITH DISABILITIES: RECOMMENDATIONS FOR THE DEPARTMENT OF TRANSPORTATION AND CONGRESS, (Feb. 26, 1999), citing DOT v. PVA, 477 U.S. 597 (1986).

^{^[3]}See id. citing Air Carrier Access Act of 1986, PL 99-435, 100 Stat. 1080,49 USC 1374(c) (1986).

^{^[4]}See id. Citing 132 Cong Rec. 21770 (daily ed. August 15, 1986).

^{^[5]}See 14 CFR 382.45.

^{^[6]}To the extent airports argue they have no legal obligation to inform handlers about or escort them to relief areas may be countered by a factual or legal argument. It can be argued, for example, that since regulatory authority requires providing information about accessible lavatories, and handlers and their animals are functional teams that regulation also extends to informing about and making available accessible relief areas.

^{^[7]}See 14 CFR 382.61.

^{^[8]}See 14 CFR 382.31(d), (e).

^{^[9]} Direct threat is an affirmative defense to an allegation under the Americans with Disabilities Act of 1990), 42 USC 12101et seq.