[nagdu] Fw: Breaking News About DOJ Changes

Sat Jan 10 03:57:14 UTC 2009

Lora,
    though the monkeys trained to assist quadraplegics may do great work, 
there are several issues with them that create a health risk (direct threat) 
that cannot be mitigated by a modification of policies, practices, or 
procedures. Monkeys can carry serious infectious diseases that can be 
transmitted to humans. They also are wild animals and have seriously 
attacked and injured others when startled. I believe these are the reasons 
the DOJ has reconsidered them as service animals.

Marion


----- Original Message ----- 
From: "Lora and Myrtle" <blindhistory at gmail.com>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Wednesday, January 07, 2009 4:32 PM
Subject: Re: [nagdu] Fw: Breaking News About DOJ Changes


> 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
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