[nagdu] Fw: Breaking News About DOJ Changes

[Lora and Myrtle]

errrrg this is irritating. The monkeys that are trained for quarterpalegics
(spelling?) do great work. It seems like we're taking a great step
backwards. What will happen next dogs won't be allowed?

On Wed, Jan 7, 2009 at 2:19 PM, Ann Edie <annedie at nycap.rr.com> wrote:

> 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
>
>
>
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-- 
Lora and Leader Dog Myrtle