FOR IMMEDIATE RELEASE CR
WEDNESDAY, JANUARY 14, 1998 (202) 616-2777
TDD (202) 514-1888
WASHINGTON, D.C. -- Travelers with visual impairments who use guide dogs will soon be able to visit Hawaii without having to quarantine their service animals for up to four months, under an agreement reached today.
Today's settlement, filed in U.S. District Court in Honolulu, resolves a lawsuit alleging that Hawaii's policy of quarantining animals violated the Americans with Disabilities Act (ADA). The suit, initially filed by a group of private citizens in 1993, and later joined by the Justice Department, asserted that the quarantine requirements unlawfully prevented business travelers and vacationers with visual impairments from using guide dogs for mobility.
Under the settlement the state will propose changes to its regulations so that pre-certified, vaccinated guide dogs will be allowed immediate entry, instead of being placed in quarantine in a state facility.
"Now people who are blind or visually impaired, like all Americans, will be able to travel freely and independently to Hawaii for business or pleasure," said Acting Assistant Attorney General for Civil Rights Bill Lann Lee.
The agreement requires the state to establish regulations permitting guide dogs, with proper documentation and testing, to enter the state upon arrival. Any modifications to guide dog exemptions over the next five years can only be made under certain specified conditions.
The quarantine, established as a rabies prevention measure, required all dogs, including guide dogs, to stay at the state's quarantine facility for up to four months. Although travelers with visual impairments could visit their dogs at specified times, they could not remove them during the quarantine period.
Under the proposed regulations, owners of guide dogs must provide documentation of rabies vaccinations and serological testing, and provide a certification of training from a recognized guide dog school. Scientific evidence has demonstrated that vaccination and certification systems are equally as effective as a quarantine policy in preventing the spread of rabies.
"Under today's agreement Hawaii won't have to keep out visitors with visual impairments in order to keep out rabies," added Lee.
In addition to people with visual impairments who wish to travel to Hawaii, the agreement also will benefit blind individuals living in Hawaii who wish to obtain or travel with a guide dog. As a result of the quarantine, it has been difficult for Hawaiians to obtain a guide dog from the mainland, particularly because a long quarantine can cause an animal to lose its training.
Today's agreement stems from a March 1993, case brought by a group of visually impaired guide dog users. In June 1994, the Justice Department filed a "friend of the court" brief in support of the plaintiffs and formally joined the suit in August 1996.
The regulations will take effect after a public comment period and final action by the Hawaii Board of Agriculture. The court and members of the class of plaintiffs will then have an opportunity to accept or reject the agreement between the parties as a final resolution of the case.
Under Title II of the ADA, state and local governments must make reasonable modifications to their policies if those policies discriminate against people with disabilities, as long as those modifications don't fundamentally alter the goal of the policy or program.
Individuals interested in learning more about the ADA can call the Department's toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TDD). Last year, President Clinton participated in a public service announcement advertising the toll-free number on hundreds of radio stations across the country. The Department also sponsors an ADA Home Page on The World Wide Web. The Internet address is:
98-010