Guide Dog Users, Inc., the largest organization of guide dog handlers in the nation, in consort with the American Council of the Blind and several other organizations, has won a major victory in a long-running battle to allow guide dogs to enter and leave the state of Hawaii without being subjected to long quarantines, according to a press release.
The out-of-court settlement means that guide dogs visiting the state must comply with certain conditions prior to entrance into the state. While a more detailed analysis of this major victory is planned for an upcoming issue of the magazine, we received this press release at press time which will at least provide some details.
For Immediate Release
Wednesday, January 14, 1998
Joint Press Release of State and Class Plaintiffs
Quarantine Litigation Settled
A class action lawsuit, filed in 1993 by blind guide dog users residing in Hawaii and on the mainland of the United States against Hawaii’s Animal Quarantine (“quarantine”), has been preliminarily settled.
The trial, which was scheduled for December, was continued to April 1998 to allow the State Department of Agriculture time to go through the rule-making process, including public hearings, to adopt new proposed rules. The proposed rules, which were worked out in settlement discussions and which are expected to be implemented this spring, will allow guide dog users to visit Hawaii free of quarantine so long as they comply with certain vaccination, antibody and microchip requirements. Provided the rules are adopted without substantive changes, the class action lawsuit will be dismissed.
As part of its rabies-prevention program, Hawaii historically subjected guide dog users to the same quarantine requirements with which all travelers to Hawaii had to comply. However, in 1996, the Ninth Circuit Court of Appeals held that quarantine violated the Americans with Disabilities Act and ordered the Hawaii District Court to hold a trial on whether plaintiffs’ proposed modifications to quarantine were reasonable. The Civil Rights Division of the Department of Justice intervened in the case in support of the plaintiffs.
The State of Hawaii has a responsibility to protect the public health and safety of the people of Hawaii and to maintain Hawaii’s rabies-free status. The class plaintiffs have asserted a right to meaningful access to the state and its services, programs or activities under the ADA. The preliminary settlement balances these competing interests.
“The vaccination and serologic testing requirements in the proposed rules are critical components in any system for keeping Hawaii rabies-free,” said Dr. Calvin Lum, State Veterinarian and Administrator of the State of Hawaii Department of Agriculture’s Animal Industry Division. “We are pleased that guide dog users will be able to travel to and from Hawaii more conveniently with these safeguards in place.”
Michael A. Lilly, attorney for the class plaintiffs, stated, “Quarantine has been a ‘Berlin Wall’ for blind citizens. Unlike sighted travelers, blind Americans have been precluded from visiting or leaving Hawaii with their guide dogs. By this settlement, blind guide dog users will finally be allowed to travel to Hawaii without going through quarantine. I thank both the State of Hawaii and the Department of Justice in coming together to achieve such an outstanding and scientifically sound result for blind guide dog users and the citizens of Hawaii.”
Jenine Stanley, a mainland class plaintiff and president of Guide Dog Users, Inc., stated, “Guide Dog Users, Inc., has worked tirelessly to make our right to travel to Hawaii a reality. And we are pleased to have worked out this resolution with the State of Hawaii and the Department of Justice. My husband and I now look forward to being able to take our long-delayed honeymoon in Hawaii.”
Vernon Crowder, a mainland class plaintiff, stated, “I am very excited about the progress that has been made and the opportunity after all this time for me to travel to Hawaii on pleasure or business with my guide dog, Aggie. I recognize this will still be a cumbersome process, but it is certainly a big step in the right direction.”
Pat Blum, a Hawaii class plaintiff, stated, “Hurray. Finally, I will be able to take my dog, Sultan, to the mainland and return without going through quarantine.”