[nagdu] Fw: Breaking News About DOJ Changes

Sat Jan 10 04:56:46 UTC 2009

I also don't think the monkeys can be housebroken.

margo and Elmo
----- Original Message ----- 
From: "Marion & Martin" <swampfox1833 at verizon.net>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Friday, January 09, 2009 10:57 PM
Subject: Re: [nagdu] Fw: Breaking News About DOJ Changes

> 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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