[nagdu] New definition of a service animal

Tue Jul 27 00:38:28 UTC 2010

So Ginger, this is now law, correct?  I would have to agree with JD in that
we will have to wait for the uproar.  At least the testimony was considered
and miniature horses were not totally left out in the barnyard as farm
animals or whatever the draft language stated, but it will be interesting to
hear from the person on the list who has a guide horse, and what her
thoughts and reaction are to this.

Steve

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Ginger Kutsch
Sent: Monday, July 26, 2010 6:13 PM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
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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