[nagdu] Expected DOJRuling in Next Few Weeks
Marion & Martin
swampfox1833 at verizon.net
Sat Jan 30 17:40:02 UTC 2010
Cheryl,
This may modify their policies, as these policies are meant to comply
with DOJ rules.
Fraternally yours,
Marion
----- Original Message -----
From: "cheryl echevarria" <cherylandmaxx at hotmail.com>
To: "NAGDU Mailing List, the National Association of Guide Dog Users"
<nagdu at nfbnet.org>
Sent: Saturday, January 30, 2010 12:20 PM
Subject: Re: [nagdu] Expected DOJRuling in Next Few Weeks
> 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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