# 167

II-3.6100
III-4.2300 May 8, 1995

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Dear Mr. XXXXX:

I am responding to your recent letter to President Clinton

expressing your concern that the state of Hawaii is violating the
Americans with Disabilities Act of 1990 by requiring carnivores
entering the state to be quarantined for 120 days. This
quarantine program applies to all types of service animals used
by people with disabilities, including guide dogs for people with
vision impairments. Because most people visiting Hawaii do so
for far less than 120 days, the quarantine requirement
effectively bars users of service animals, including guide dogs,
from traveling to the state.

You may be interested to know that the Department of Justice

is participating as an amicus curiae in a lawsuit challenging the
quarantine requirement for guide dogs. The case was brought in
federal court in Hawaii on behalf of the class of people who wish
to travel to and from Hawaii with guide dogs. The plaintiffs
argue that the quarantine is both unconstitutional and in
violation of title II of the ADA, which makes it illegal for
state and local governments to discriminate on the basis of
disability. The federal district court in Hawaii ruled in favor
of the state, and the case is now pending before the United
States Court of Appeals for the Ninth Circuit. The Department
filed a brief with the Ninth Circuit, urging it to reverse the
district court's decision, and rule in favor of the plaintiffs.

While Hawaii certainly has a legitimate interest in

protecting against an outbreak of rabies, we believe that the
evidence in the case shows that the current quarantine system
does not provide complete protection against the spread of
rabies, and that other methods (in particular, a series of
vaccines and blood tests to determine whether an animal has
rabies), would provide better protection against rabies. It is
also interesting to note that there has never been a case of
rabies reported in a guide dog.

These alternatives would mean that guide dog users would not
have to be separated from the animals on which they rely for
assistance in daily living, allowing them to travel freely to and
from Hawaii. At the same time, excluding guide dogs from the
quarantine system would not pose any increased risk of
introducing rabies into the islands.

I hope this information is useful to you in responding to

your constituent.

Sincerely,

John L. Wodatch
Chief
Disability Rights Section