[nagdu] Expected DOJRuling in Next Few Weeks

cheryl echevarria cherylandmaxx at hotmail.com
Sat Jan 30 17:20:32 UTC 2010


Believe or not the Cruise Lines allow all forms of service animals including Hourse, I hope that this doesn't change this if the DOJ change these options.

Cheryl Echevarria 
Independent Contractor
www.Echevarriatravel.com<http://www.echevarriatravel.com/>
1-866-580-5574
blog.echevarriatravel.com
Reservations at echevarriatravel.com<mailto:Reservations at echevarriatravel.com>
Affiliated as an Independent Contractor with Montrose Travel CST-1018299-10
  ----- Original Message ----- 
  From: Marion & Martin<mailto:swampfox1833 at verizon.net> 
  To: NAGDU List<mailto:nagdu at nfbnet.org> 
  Sent: Saturday, January 30, 2010 11:58 AM
  Subject: [nagdu] Expected DOJRuling in Next Few Weeks


  Dear All,
      Below is the expected new regulations concerning service animals. These regulations are expected to be approved by the Office of Management & Budget within the next few weeks. I am disappointed that the department chose to exclude miniature horses as service animals, as I know that we have two members successfully using them as guides.

  Fraternally yours,
  Marion Gwizdala 


  1 
  Service Animals 
  and the Law 
  Jacquie Brennan 
  Attorney 
  DBTAC Southwest ADA Center 
  Americans with Disabilities Act 
   Title I -- Employment 
   Title II -- State and Local Governments 
   Title III -- Public Accommodations 
   Title IV -- Telecommunications 
   Title V -- Miscellaneous provisions. 
   Service and therapy animals are treated 
  differently under different titles so we will 
  look at each.
  2 
  What is a service animal? 
   Currently, the definition in the regulations is 
  “any guide dog, signal dog, or other animal 
  individually trained to do work or perform tasks 
  for the benefit of an individual with a disability, 
  including, but not limited to, guiding individuals 
  with impaired vision, alerting individuals with 
  impaired hearing to intruders or sounds, 
  providing minimal protection or rescue work, 
  pulling a wheelchair, or fetching dropped items.” 
  Why is “currently” underlined? 
   Because the Department of Justice (DOJ) 
  has issued new ADA regulations that are 
  expected to be enacted within the next 
  several weeks. 
   A lot of these new regs affect this 
  information on service animals and other 
  animals used by people with disabilities. 
  3 
  Why are there new regs? 
   DOJ receives a large number of 
  complaints from people who use service 
  animals that indicate that a large number 
  of businesses and other covered entities 
  are confused about their obligations when 
  it comes to service animals. 
   There is also confusion about how service 
  animal is defined and whether comfort 
  animals are covered. 
  Also 
   Some individuals who do not have a 
  disability claim that their animals are 
  service animals. 
   Other individuals, who may have a 
  disability, claim, either fraudulently or 
  sincerely (albeit mistakenly), that their 
  animals are service animals even though 
  they do not meet the definition.
  4 
  All Clear 
   DOJ hopes that the new regs will clear up 
  some of the confusion, both on the part of 
  businesses, as well as people with 
  disabilities. 
  More Tasks 
   Under the new regs, there are more tasks 
  listed as examples, such as “assisting an 
  individual during a seizure, retrieving 
  medicine or the telephone, providing 
  physical support to assist with balance and 
  stability to individuals with mobility 
  disabilities, and assisting individuals, 
  including those with cognitive disabilities, 
  with navigation.”
  5 
  Not a Service Animal 
   Under the new regs, the definition of service 
  animal now includes a specific list of animals 
  that are excluded, even if they are service 
  animals under the current law. 
   These include wild animals, including nonhuman 
  primates born in captivity, reptiles, rabbits, farm 
  animals, including any breed of horse, pony, or 
  miniature horse, pigs, goats, ferrets, 
  amphibians, and rodents. 
  What is a therapy animal? 
   Currently, there is no definition of a 
  therapy, comfort, or emotional support 
  animal in the ADA. 
   These animals are not covered by the ADA 
  because they do not meet the definition of 
  service animal. 
  6 
  Not Service Animals 
   When the new regs go into effect, the 
  DOJ’s position on whether comfort animals 
  are covered as service animals is: “animals 
  who sole function is to provide emotional 
  support, comfort, therapy, companionship, 
  therpeutic benefits, or promote emotional 
  well-being are not service animals.” 
  Psychiatric Service Animals 
   Because of the ADA requirement that 
  animals be able to “do work or perform 
  tasks,” in most cases, animals that assist 
  people with psychiatric disabilities were 
  considered to be comfort animals and, 
  therefore, not service animals. 
   The new regs recognize that there are 
  “psychiatric service animals.”
  7 
  Tasks 
   The new regs discuss psychiatric service 
  animals that can be trained to perform a 
  variety of tasks for individuals with 
  disabilities, including detecting the onset 
  of psychiatric episodes or ameliorating 
  their effects.
  Other tasks 
   Other examples of tasks that might be 
  performed by a psychiatric service animals 
  include reminding a person to take meds, 
  turning on lights or performing safety 
  checks for persons with PTSD, interrupting 
  self-mutilation for individuals who have 
  dissociative identity disorders, and 
  keeping disoriented persons from danger. 
  8 
  But 
   This expressly does not expand that 
  definition of service animal to include 
  comfort animals. 
  Remember 
   In general, service animals have protections 
  under the ADA, but comfort animals do not. 
   The new regs, however, do recognize that the 
  exclusion of comfort animals is specifically for 
  the non-employment provisions of the ADA and 
  that such animals might be differently 
  considered in employment settings, where there 
  might be compelling reasons to allow comfort 
  animals as a reasonable accommodation.
  9 
  What proof do you need? 
   A service animal is not required to wear a 
  special collar or harness. 
   A service animal is not required to have 
  papers certifying its training. 
   So if it isn’t obvious, how does a business 
  know whether an animal is a service 
  animal? 
  What can people ask? 
   It is all right to ask the handler if the 
  animal is a service animal required 
  because of disability. 
   It is all right to ask whether the animal 
  performs specific tasks for the person. 
   Disability-specific questions may not be 
  asked.
  10 
  WalMart Settlement 
   In January 2009, the DOJ and Walmart 
  reached an agreement about service 
  animals in which Walmart agrees that a 
  greeter or store manager may ask only 
  one question, and that the question can 
  be asked only if the need for the animal is 
  not obvious. The question is -- “Is this a 
  service animal required because of a 
  disability?”
  Out Of Control 
   Because of the nature of their work, it is 
  unusual for a service animal to ever 
  display any “out of control” behaviors. 
   Businesses may exclude an animal whose 
  behavior poses a direct threat to the 
  health or safety of others. 
   This must be based on actual risk and not 
  on potential risk or generalizations. 
  11 
  What About Other People? 
   Sometimes other customers might be 
  afraid of service animals. 
   If that happens, it might be possible to 
  allow that customer to avoid getting close 
  to the service animal. 
  Fees or Pet Deposits 
   A business may not charge a deposit, 
  surcharge, cleaning fee or any other fee to 
  an individual with a disability as a 
  condition to allowing the service animal to 
  accompany the individual, even if the 
  business has a policy of charging 
  customers fees or deposits for pets. 
   Service animals are not pets.
  12 
  Smelly Dogs 
   Entities, especially schools, colleges, and 
  universities, often have problems with 
  service animals being unclean and 
  downright stinky. 
   It is all right to have a policy that says 
  that dogs must be clean and free from 
  offensive odors. 
  Proof of Vaccination 
   Although an entity may not require proof 
  of training or any kind of certification for a 
  service animal, it is all right to require 
  proof that the animal is current on all 
  vaccinations that are required by law.
  13 
  Title I -- employment 
   Service animals are allowed to accompany 
  individuals with disabilities to their places 
  of employment. 
   Comfort animals might be allowed under 
  certain circumstances as a reasonable 
  accommodation for a person with a 
  disability. 
  State and Local Governments 
   State and local governments may not 
  prohibit service animals from programs or 
  services of the government entity. 
   Surcharges or deposits may not be 
  charged, even if they are charged for 
  other animals, such as pets.
  14 
  Title III: Public Accommodations 
   Places of public accommodation, such as 
  hotels, restaurants, bars, theaters, 
  auditoriums, parks, stores, law offices, 
  doctor offices, banks, bus stations, 
  museums, amusement bars, salons, dry 
  cleaners, spas, social service centers, golf 
  courses, real estate offices, gyms, and 
  coffee shops, may not exclude service 
  animals from any area that is open to the 
  public. 
  Transportation 
   The ADA also applies to transportation 
  providers. 
   If the provider is a government entity, (as 
  is the case for subways, fixed route buses, 
  paratransit, rail, and light rail), it is 
  covered under Title II. 
   If the provider is a private entity offering 
  taxi, car, or limo service, it is covered by 
  Title III.
  15 
  Fair Housing Act 
   The FHA was passed in 1968 to provide 
  protection from discrimination in housing, 
  based on race, color, national origin, or 
  gender. 
   In 1988, it was amended to expand 
  protection from housing discrimination to 
  other classes, including disability and 
  familial status. 
  What is prohibited 
   Landlords, condominium associations, and 
  other housing providers are prohibited 
  from discriminating against housing 
  applicants or residents because of their 
  disability or because of the disability of 
  anyone associated with them, as well as 
  from treating persons with disabilities less 
  favorably than others because of their 
  disability.
  16 
  Reasonable Accommodations 
   The FHA also mandates that housing 
  providers make reasonable 
  accommodations in rules, policies, 
  practices, or services when necessary so 
  that a person with a disability has the 
  equal opportunity to use and enjoy the 
  housing. 
   That is the key provision when discussing 
  animals. 
  Like the ADA 
   Everything we’ve discussed that pertains 
  to service animals under the ADA also 
  applies to service animals under the FHA. 
  But - 
   While the ADA does not provide coverage 
  for therapy animals, comfort animals, or 
  pets, the Fair Housing Act may.
  17 
  Emotional Support Animals 
   Therapy animals are used as part of a 
  medical treatment plan to provide 
  companionship, relieve loneliness, and 
  sometimes help with depression and 
  certain phobias. They are not service 
  animals because they do not do work or 
  perform tasks that assist people with 
  disabilities. 
  “No Pets Allowed” 
   Under the FHA, such comfort or therapy 
  animals may be allowed in housing, even 
  if there is a “no pets” policy in place.
  18 
  Reasonable Accommodation 
   The FHA definition of housing 
  discrimination includes the refusal to grant 
  “reasonable accommodations in rules, 
  polices, practices, or services, when such 
  accommodations may be necessary to 
  afford such person equal opportunity to 
  use and enjoy a dwelling.” 
  Waiver 
   Waiving a no-pets rule to allow a person 
  with a disability to have the assistance of 
  a service animal, or a comfort animal, 
  constitutes a reasonable accommodation. 
   Courts have found that landlords must use 
  “a flexible standard, based on the needs 
  of the particular tenant” when responding 
  to a request for an accommodation.
  19 
  Air Carrier Access Act 
   The ACAA prohibits discrimination because 
  of disability in air travel. 
   It applies to all domestic airlines. 
   It also applies to foreign airlines that fly 
  into or out of the U.S., although there are 
  some differences that we will discuss. 
  Service Animals 
  Air carriers are required to allow service 
  animals traveling with people with 
  disabilities to sit with them in the cabin of 
  the aircraft.
  20 
  Definition of Service Animal 
   Different definition than under the ADA 
   Includes guide dogs, signal dogs, 
  psychiatric service animals, and emotional 
  support animals 
  Pets 
  Persons traveling with pets, as opposed to 
  service animals or emotional support 
  animals, do not have any rights under the 
  ACAA.
  21 
  Questions 
   Personnel may ask questions and request 
  documentation in certain circumstances to 
  determine whether the person is entitled 
  to travel with a service animal. 
   A common misconception among 
  passengers is that, once you invoke 
  disability, questions are forbidden. 
   The types of question that may be asked 
  vary depending the disability & the animal. 
  Documentation 
   Additionally, documentation may be 
  required. 
   The level of documentation that may be 
  required depends on the person’s 
  disability and the type of service animal.
  22 
  Why does it depend on that? 
   Shouldn’t all disabilities be treated the 
  same? 
   The reasoning behind the variation 
  includes: 
   Many people with disabilities who travel do 
  not have obvious disabilities and the need for 
  a service animal is not apparent; and 
   Even for some individuals with obvious 
  disabilities, the need for the service animal 
  may not be apparent. 
  If the person has an 
  obvious disability and… 
   The service animal is wearing a harness, 
  tags, vests, or backpack; or 
   The person provides identification cards or 
  other written documentation; or 
   The person provides credible verbal 
  assurances that the animal is a service 
  animal – 
  Then the airline should permit the animal to 
  accompany the person on the plane. 
  23 
  Additional Questions 
   If personnel are not certain of the animal’s 
  status, even after being told that it is a 
  service animal, they can ask things like: 
   What tasks or functions does your animal 
  perform for you? 
   What has the animal been trained to do for 
  you? 
   Would you describe how the animal performs 
  this task or function for you? 
  Emotional Support or 
  Psychiatric Service Animals 
  For these animals, airlines may request very 
  specific diagnostic documentation to be 
  provided 48 hours in advance of the flight.
  24 
  Documentation must: 
   Be current (not more than 1 year old); 
   Be on letterhead from a licensed mental 
  health professional; 
   State that the person has a mental or 
  emotional disability recognized in the DSM 
  IV; and 
   State that the animal is needed as an 
  accommodation for air travel or for activity 
  at the individual’s destination. 
  Also 
   The documentation should also state that 
  the health professional is treating the 
  individual and include the date and type of 
  the mental health professional’s license 
  and the state or other jurisdiction in which 
  it was issued. 
   It does not need to state the person’s 
  diagnosis.
  25 
  Unusual Animals 
   Unusual animals like miniature horses, 
  pigs, and monkeys may be allowed to 
  travel as service animals. 
   It depends on… 
  Depends on what? 
   The airline may take into account the 
  animal’s size, weight, and whether the 
  animal would pose a direct threat to the 
  health or safety of others, or cause a 
  significant disruption in cabin service. 
   If there are restrictions on the animal at 
  the final destination, the animal may be 
  denied. 
  26 
  Even more unusual animals 
  Snakes, other reptiles, ferrets, rodents, and 
  spiders will be denied boarding the plane 
  at all, as they may pose other safety and 
  public health concerns. 
  Dogs only 
   Foreign carriers are required to transport 
  only dogs as service animals. 
  27 
  Barking and Jumping 
   If a service animal barks, growls, jumps 
  on people, or misbehaves in ways that 
  indicate that the animal has not been 
  trained to behave properly in public 
  settings, poses a direct threat to the 
  health and safety of others, or poses a 
  significant risk of disruption in airline 
  service, it may be denied boarding. 
  Other customers 
   Service animals cannot be denied passage 
  because other customers are allergic to, 
  annoyed by, or afraid of, animals. 
   The airline will make accommodations to 
  assure that other passengers are 
  comfortable. 
  28 
  Severe Allergies 
   If a passenger with a severe allergy that 
  rises to the level of a disability cannot 
  travel in the same cabin as the animal, a 
  carrier may rebook one of the passengers 
  on another flight. 
  Preboarding 
  Passengers with a service animal may 
  request preboarding and ask for a 
  bulkhead seat or a seat that better suits 
  their needs.
  29 
  Seating 
   A person traveling with a service animal 
  may request any seat unless it blocks an 
  aisle or an area designated for emergency 
  evacuation. 
   If the person cannot be accommodated in 
  a requested seat, then s/he must be given 
  the opportunity to move to another seat 
  within the same class of service. 
  Not Required 
   The airline does not have to ask other 
  passengers to give up all or most of the 
  space in front of their seats to 
  accommodate space for a service animal. 
   The airline may try to find someone willing 
  to do that.
  30 
  Voluntary Response 
  The airline can voluntarily reseat a person 
  traveling with a service animal to a 
  business or first-class seat to 
  accommodate a service animal, but it is 
  not required to do so. 
  In-flight services for animals 
   In-flight services and facilities do not have 
  to be provided to service animals. 
   Owners traveling with animals must 
  provide for the animal’s food, care, and 
  supervision. 
  31 
  Terminal Relief 
  In the terminal, airlines must provide animal 
  relief areas and must provide escort 
  service to individuals traveling with service 
  animals to these areas, when requested. 
  Undue Burden 
   Airlines are not required to make 
  modifications for service animals that 
  would constitute an undue burden or 
  would fundamentally alter their programs.
  32 
  Questions 
  Let’s talk now 
  or 
  Email me any time 
  <mailto:jbrennan at bcm.edu<mailto:jbrennan at bcm.edu>> jbrennan at bcm.edu<mailto:jbrennan at bcm.edu>.



  Sheila Styron
  816-896-6552
  sheilastyron at everestkc.net<mailto:sheilastyron at everestkc.net>


  [Non-text portions of this message have been removed]


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