[nagdu] New definition of a service animal

Tue Jul 27 00:37:14 UTC 2010

Well, there goes my idea of a guide cat and my friend's alert cat...

On 7/26/10, John Doering <doering at ameritech.net> wrote:
> Interesting.  This will really upset some people.  Only dogs to be
> considered as service animals and miniature horses can be denied access
> under certain restrictions?  Wait for the uproar.
>
> Regards,
> JD
>
> ----- Original Message -----
> From: "Ginger Kutsch" <gingerKutsch at yahoo.com>
> To: "'NAGDU Mailing List,the National Association of Guide Dog Users'"
> <nagdu at nfbnet.org>
> Sent: Monday, July 26, 2010 6:12 PM
> Subject: [nagdu] New definition of a service animal
>
>
> FYI. The Department of Justice finally released the revised ADA
> regulations implementing Title II and Title III which includes
> the new definition of a service animal at:
> <http://www.ada.gov/regs2010/ADAregs2010.htm>
> http://www.ada.gov/regs2010/ADAregs2010.htm
>
> Service animal means 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, are not
> service animals for the purposes of this definition. The work or
> tasks performed by a service animal must be directly related to
> the handler´s disability. Examples of work or tasks include, but
> are not limited to, assisting individuals who are blind or have
> low vision with navigation and other tasks, alerting individuals
> who are deaf or hard of hearing to the presence of people or
> sounds, providing non-violent protection or rescue work, pulling
> a wheelchair, assisting an individual during a seizure, alerting
> individuals to the presence of allergens, retrieving items such
> as medicine or the telephone, providing physical support and
> assistance with balance and stability to individuals with
> mobility disabilities, and helping persons with psychiatric and
> neurological disabilities by preventing or interrupting impulsive
> or destructive behaviors. The crime deterrent effects of an
> animal´s presence and the provision of emotional support,
> well-being, comfort, or companionship do not constitute work or
> tasks for the purposes of this definition.
>
> *****
> § 36.302 Modifications in policies, practices, or procedures.
> (c) * * *
>
> (2) Exceptions. A public accommodation may ask an individual with
> a disability to remove a service animal from the premises if:
>
> (i) The animal is out of control and the animal´s handler does
> not take effective action to control it; or
>
> (ii) The animal is not housebroken.
>
> (3) If an animal is properly excluded. If a public accommodation
> properly excludes a service animal under § 36.302(c)(2), it shall
> give the individual with a disability the opportunity to obtain
> goods, services, and accommodations without having the service
> animal on the premises.
>
> (4) Animal under handler´s control. A service animal shall be
> under the control of its handler. A service animal shall have a
> harness, leash, or other tether, unless either the handler is
> unable because of a disability to use a harness, leash, or other
> tether, or the use of a harness, leash, or other tether would
> interfere with the service animal´s safe, effective performance
> of work or tasks, in which case the service animal must be
> otherwise under the handler´s control (e.g., voice control,
> signals, or other effective means).
>
> (5) Care or supervision. A public accommodation is not
> responsible for the care or supervision of a service animal.
>
> (6) Inquiries. A public accommodation shall not ask about the
> nature or extent of a person´s disability, but may make two
> inquiries to determine whether an animal qualifies as a service
> animal. A public accommodation may ask if the animal is required
> because of a disability and what work or task the animal has been
> trained to perform. A public accommodation shall not require
> documentation, such as proof that the animal has been certified,
> trained, or licensed as a service animal. Generally, a public
> accommodation may not make these inquiries about a service animal
> when it is readily apparent that an animal is trained to do work
> or perform tasks for an individual with a disability (e.g., the
> dog is observed guiding an individual who is blind or has low
> vision, pulling a person´s wheelchair, or providing assistance
> with stability or balance to an individual with an observable
> mobility disability).
>
> (7) Access to areas of a public accommodation. Individuals with
> disabilities shall be permitted to be accompanied by their
> service animals in all areas of a place of public accommodation
> where members of the public, program participants, clients,
> customers, patrons, or invitees, as relevant, are allowed to go.
>
> (8) Surcharges. A public accommodation shall not ask or require
> an individual with a disability to pay a surcharge, even if
> people accompanied by pets are required to pay fees, or to comply
> with other requirements generally not applicable to people
> without pets. If a public accommodation normally charges
> individuals for the damage they cause, an individual with a
> disability may be charged for damage caused by his or her service
> animal.
>
> (9) Miniature horses. (i) A public accommodation shall make
> reasonable modifications in policies, practices, or 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.
>
> (ii) Assessment factors. In determining whether reasonable
> modifications in policies, practices, or procedures can be made
> to allow a miniature horse into a specific facility, a public
> accommodation shall consider--
>
> (A) The type, size, and weight of the miniature horse and whether
> the facility can accommodate these features;
>
> (B) Whether the handler has sufficient control of the miniature
> horse;
>
> (C) Whether the miniature horse is housebroken; and
>
> (D) Whether the miniature horse´s presence in a specific facility
> compromises legitimate safety requirements that are necessary for
> safe operation.
>
> (iii) Other requirements. Sections 36.302(c)(3) through (c)(8),
> which apply to service animals, shall also apply to miniature
> horses.
>
>
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-- 
~Jewel
Check out my blog about accessibility for the blind!
Treasure Chest for the Blind: http://blindtreasurechest.blogspot.com