[il-talk] FW: [Nagdu-leaders] NAGDU Information & Advocacy Hotline
David Meyer
datemeyer at sbcglobal.net
Wed Nov 30 16:32:17 UTC 2011
_____
From: nagdu-leaders-bounces at nfbnet.org
[mailto:nagdu-leaders-bounces at nfbnet.org] On Behalf Of Marion Gwizdala
Sent: Wednesday, November 30, 2011 9:59 AM
To: nyagdu; NJAGDU List; NAGDU List; FLAGDU List; NAGDU Leaders List
Subject: [Nagdu-leaders] NAGDU Information & Advocacy Hotline
Please circulate the following information as widely as appropriate. If you
are receiving this message as a forward and would like to learn more about
the National Association of Guide Dog Users or to join the NAGDU email
discussion list, please visit our website
http://www.nagdu.org
or get in touch with me. My contact information is below my signature.
Marion Gwizdala, President
National Association of Guide Dog Users (NAGDU)
National Federation of the Blind (NFB)
813-626-2789
<mailto:President at NAGDU.ORG> President at NAGDU.ORG
http://www.nagdu.org
The National Association of Guide Dog Users (NAGDU) - the leader in service
animal policy & advocacy – provides several innovative and valuable
services. One such service is the NAGDU Information & Advocacy Hotline. The
hotline not only offers information about the training and use of guide dogs
and the legal rights of individuals who use service animals, including
guidance for specific industries, it offers the option to speak with an
advocate who is trained to mediate issues of discrimination.
“We find that most access problems are the result of a lack of
information,” says Michael Hingson, the Association’s Vice President who
serves as Project Manager for the hotline. “This hotline is an excellent
resource for accurate information.”
The NAGDU Information & Advocacy Hotline currently offers
general information about service animals under the Americans with
Disabilities Act (ADA), as well as specific guidance concerning
restaurants, taxicabs, and health care facilities. Future plans for the
hotline include summaries of each of the state laws concerning service
animals, more industry specific information, and guidance in a variety of
languages, such as Mandarin and Arabic. The Hotline is available anytime by
calling, toll-free, 888-NAGDU411 (888-624-3841).
The NAGDU Education & Advocacy Hotline was created by a grant
from the National Federation of the Blind’s (NFB) Imagination Fund, as well
as with contributions from the California and Florida Associations of Guide
Dog Users. The National Association of Guide Dog Users is a strong and proud
division of the National Federation of the Blind. NAGDU conducts public
awareness campaigns on issues of guide dog use, provides advocacy support
for guide dog handlers who face discrimination, supports sound policy and
effective legislation to protect the rights of service animal users, offers
educational programs to school and civic organizations, and functions as an
integral part of the National Federation of the Blind. For more information
about the National Association of Guide Dog Users and to support their work,
you can visit their website at
<http://www.nagdu.org/> HTTP://WWW.NAGDU.ORG
Or send an email message to
<mailto:Info at NAGDU.ORG> Info at NAGDU.ORG
The following information is excerpted from
<http://www.ada.gov/regs2010/titleII_2010/titleII_2010_integrated.htm>
http://www.ada.gov/regs2010/titleII_2010/titleII_2010_integrated.htm
and
http://www.ada.gov/regs2010/titleIII_2010/titleIII_2010_integrated.htm
28 CFR part 35.104 & 28 CFR Part 36.104
Service animal means any dog that is individually trained to do work or
perform tasks for the benefit of an individual with a disability, including
a physical, sensory, psychiatric, intellectual, or other mental disability.
Other species of animals, whether wild or domestic, trained or untrained,
are not service animals for the purposes of this definition. The work or
tasks performed by a service animal must be directly related to the
individual’s disability. Examples of work or tasks include, but are not
limited to, assisting individuals who are blind or have low vision with
navigation and other tasks, alerting individuals who are deaf or hard of
hearing to the presence of people or sounds, providing non-violent
protection or rescue work, pulling a wheelchair, assisting an individual
during a seizure, alerting individuals to the presence of allergens,
retrieving items such as medicine or the telephone, providing physical
support and assistance with balance and stability to individuals with
mobility disabilities, and helping persons with psychiatric and neurological
disabilities by preventing or interrupting impulsive or destructive
behaviors. The crime deterrent effects of an animal's presence and the
provision of emotional support, well-being, comfort, or companionship do not
constitute work or tasks for the purposes of this definition.
28 CFR § 35.136 Service animals
· (a) General. Generally, a public entity shall modify its policies,
practices, or procedures to permit the use of a service animal by an
individual with a disability.
· (b) Exceptions. A public entity may ask an individual with a
disability to remove a service animal from the premises if—
o (1) The animal is out of control and the animal's handler does not
take effective action to control it; or
o (2) The animal is not housebroken.
· (c) If an animal is properly excluded. If a public entity properly
excludes a service animal under § 35.136(b), it shall give the individual
with a disability the opportunity to participate in the service, program, or
activity without having the service animal on the premises.
· (d) Animal under handler's control. A service animal shall be under
the control of its handler. A service animal shall have a harness, leash, or
other tether, unless either the handler is unable because of a disability to
use a harness, leash, or other tether, or the use of a harness, leash, or
other tether would interfere with the service animal's safe, effective
performance of work or tasks, in which case the service animal must be
otherwise under the handler's control (e.g., voice control, signals, or
other effective means).
· (e) Care or supervision. A public entity is not responsible for the
care or supervision of a service animal.
· (f) Inquiries. A public entity shall not ask about the nature or
extent of a person's disability, but may make two inquiries to determine
whether an animal qualifies as a service animal. A public entity may ask if
the animal is required because of a disability and what work or task the
animal has been trained to perform. A public entity shall not require
documentation, such as proof that the animal has been certified, trained, or
licensed as a service animal. Generally, a public entity may not make these
inquiries about a service animal when it is readily apparent that an animal
is trained to do work or perform tasks for an individual with a disability
(e.g., the dog is observed guiding an individual who is blind or has low
vision, pulling a person's wheelchair, or providing assistance with
stability or balance to an individual with an observable mobility
disability).
· (g) Access to areas of a public entity. Individuals with
disabilities shall be permitted to be accompanied by their service animals
in all areas of a public entity's facilities where members of the public,
participants in services, programs or activities, or invitees, as relevant,
are allowed to go.
· (h) Surcharges. A public entity shall not ask or require an
individual with a disability to pay a surcharge, even if people accompanied
by pets are required to pay fees, or to comply with other requirements
generally not applicable to people without pets. If a public entity normally
charges individuals for the damage they cause, an individual with a
disability may be charged for damage caused by his or her service animal.
· (i) Miniature horses.
o (1) Reasonable modifications. A public entity shall make reasonable
modifications in policies, practices, or procedures to permit the use of a
miniature horse by an individual with a disability if the miniature horse
has been individually trained to do work or perform tasks for the benefit of
the individual with a disability.
o (2) Assessment factors. In determining whether reasonable
modifications in policies, practices, or procedures can be made to allow a
miniature horse into a specific facility, a public entity shall consider—
§ (i) The type, size, and weight of the miniature horse and whether
the facility can accommodate these features;
§ (ii) Whether the handler has sufficient control of the miniature
horse;
§ (iii) Whether the miniature horse is housebroken; and
§ (iv) Whether the miniature horse's presence in a specific facility
compromises legitimate safety requirements that are necessary for safe
operation.
o (C) Other requirements. Paragraphs 35.136 (c) through (h) of this
section, which apply to service animals, shall also apply to miniature
horses.
28 CFR § 36.302 Modifications in policies, practices, or procedures.
· (c) Service animals.
o (1) General. Generally, a public accommodation shall modify policies,
practices, or procedures to permit the use of a service animal by an
individual with a disability.
o (c)(2) Exceptions. A public accommodation may ask an individual with
a disability to remove a service animal from the premises if:
§ (i) The animal is out of control and the animal´s handler does not
take effective action to control it; or
§ (ii) The animal is not housebroken.
o (3) If an animal is properly excluded. If a public accommodation
properly excludes a service animal under § 36.302(c)(2), it shall give the
individual with a disability the opportunity to obtain goods, services, and
accommodations without having the service animal on the premises.
o (4) Animal under handler´s control. A service animal shall be under
the control of its handler. A service animal shall have a harness, leash, or
other tether, unless either the handler is unable because of a disability to
use a harness, leash, or other tether, or the use of a harness, leash, or
other tether would interfere with the service animal´s safe, effective
performance of work or tasks, in which case the service animal must be
otherwise under the handler´s control (e.g., voice control, signals, or
other effective means).
o (5) Care or supervision. A public accommodation is not responsible
for the care or supervision of a service animal.
o (6) Inquiries. A public accommodation shall not ask about the nature
or extent of a person´s disability, but may make two inquiries to determine
whether an animal qualifies as a service animal. A public accommodation may
ask if the animal is required because of a disability and what work or task
the animal has been trained to perform. A public accommodation shall not
require documentation, such as proof that the animal has been certified,
trained, or licensed as a service animal. Generally, a public accommodation
may not make these inquiries about a service animal when it is readily
apparent that an animal is trained to do work or perform tasks for an
individual with a disability (e.g., the dog is observed guiding an
individual who is blind or has low vision, pulling a person´s wheelchair, or
providing assistance with stability or balance to an individual with an
observable mobility disability).
o (7) Access to areas of a public accommodation. Individuals with
disabilities shall be permitted to be accompanied by their service animals
in all areas of a place of public accommodation where members of the public,
program participants, clients, customers, patrons, or invitees, as relevant,
are allowed to go.
o (8) Surcharges. A public accommodation shall not ask or require an
individual with a disability to pay a surcharge, even if people accompanied
by pets are required to pay fees, or to comply with other requirements
generally not applicable to people without pets. If a public accommodation
normally charges individuals for the damage they cause, an individual with a
disability may be charged for damage caused by his or her service animal.
o (9) Miniature horses.
§ (i) A public accommodation shall make reasonable modifications in
policies, practices, or procedures to permit the use of a miniature horse by
an individual with a disability if the miniature horse has been individually
trained to do work or perform tasks for the benefit of the individual with a
disability.
§ (ii) Assessment factors. In determining whether reasonable
modifications in policies, practices, or procedures can be made to allow a
miniature horse into a specific facility, a public accommodation shall
consider –
§ (A) The type, size, and weight of the miniature horse and whether
the facility can accommodate these features;
§ (B) Whether the handler has sufficient control of the miniature
horse;
§ (C) Whether the miniature horse is housebroken; and
§ (D) Whether the miniature horse´s presence in a specific facility
compromises legitimate safety requirements that are necessary for safe
operation.
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