[nagdu] Fw: Breaking News About DOJ Changes

[Ann Edie]

Breaking News About DOJ ChangesHi, Everyone,

I am forwarding a message I got from Rebecca Skloot, the author of the NY Times Magazine article about non-canine service animals and the ADA issues.  She has been leaked the documents with the final DOJ regulations and definition of service animal under the ADA.  (The regulations are not yet official, because they are being reviewed by the OMB.)

Her message is below, with links to her blog and further information.  But I have also copied some of the text from her blog to give you the jist of what she has to say.

Here is the copied text:

I just gotten a leaked version of the latest DOJ regulations, and the agency has in fact made the species ban more restrictive. The DOJ's initial proposal
would have allowed cats and other commonly domesticated animals (perhaps including parrots like the one I reported on in my story who helps a man with
his bipolar disorder by talking him down from psychotic episodes). But the current version (which the DOJ approved on 12/3 and is now pending final approval
by the OMB), restricts assistance animals to only dogs. The DOJ's new proposed service animal definition is:
Block quote start
"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, cannot be service animals."
Block quote end

It does include a special provision for miniature horses (but no other species) saying business must make:
Block quote start
"reasonable modifications in policies, practices and 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, unless the public accommodation can
demonstrate that making the modifications would fundamentally alter the nature of the public accommodation's goods, services, facilities, privileges, advantages,
or accommodations."
Block quote end

But in the end, it says, "The miniature horse is not included in the definition of service animal, which is limited to dogs." This strips their users of
all legal rights associated with service animal use. It's unclear whether this means users who live in areas that don't allow livestock within city limits
(which = most of them), will have to give up their guide horses because they're no longer considered service animals. The big question now is whether there
will be another revision, or whether this regulation will be approved before January 20th, when Obama takes office.

Many readers have asked who they can contact to speak out about this regulation, since the final proposal is still awaiting approval. Those interested can
contact their government representatives
and
state senators.
Also the Department of Justice
here
[update: apparently the DOJ isn't taking comments or documenting calls about this] and the OMB
here.
(Update for those who've asked: The relevant way to reference this issue is by saying you're contacting them about the DOJ's pending ADA regulations that
would ban the use of any species other than dogs as service animals. The exact regulation in question is "Title III Regulation 28 CFR Part 36: Nondiscrimination
on the Basis of Disability by Public Accommodations and in Commercial Facilities."

Update: The leaked document says "For further information contact Janet L. Blizard, Deputy Chief, Disability Rights Section, Civil Rights Division, U.S.
Department of Justice, at (202) 307-0663." [See above: the DOJ is not taking calls on this issue]

Below is Rebecca Skloot's original message with links to further information:

Best,
Ann


----- Original Message ----- 
From: Rebecca Skloot 
Sent: Tuesday, January 06, 2009 2:21 PM
Subject: Breaking News About DOJ Changes 


I just got some government documents leaked to me that contain the final regulations the DOJ approved, which are waiting final approval for the OMB.  They don't look good.  I just posted info about them here ... Spread the word, and contact folks to protest if you'd like:

http://scienceblogs.com/culturedish/2009/01/newsflash_doj_ada_changes_leak.php 
--
Rebecca Skloot | freelance writer | http://www.rebeccaskloot.com   
blogger | http://scienceblogs.com/culturedish   
assistant professor | creative nonfiction | http://www.mfainmemphis.com