[nagdu] New definition of a service animal

Wed Jul 28 22:56:46 UTC 2010

Linda,
    I am disappointed that the DOJ did not reconsider guide horses, since at 
least two of our members are successfully using them. I had urged the DOJ to 
forego excluding miniature horses until more anecdotal information could be 
gleaned. At the same time, I am happy to see that we won't need to deal with 
snakes, lizards, and pigs any longer! (grin)

Fraternally yours,
Marion

----- Original Message ----- 
From: "Linda Gwizdak" <linda.gwizdak at cox.net>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Wednesday, July 28, 2010 1:58 PM
Subject: Re: [nagdu] New definition of a service animal

Hey guys,
I think this looks pretty narrow with it being only dogs to be recognised as
service animals under the ADA.  There appears to be a way that service
miniature horses can be used, though.

I think this is really the only option the DOJ had in rewriting these regs.
It clearly intends to get rid of all the outrageous animals people have been
pawning off as service animals for all these years.  It will help us in the
long run.

Lyn and Landon
----- 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: Tuesday, July 27, 2010 4:08 AM
Subject: Re: [nagdu] New definition of a service animal

Hi Margo & all,

I think one of the biggest problems that the DOJ wrestled with
was the issue of animals that could not be "house-broken". I know
this was a concern of NAGDU as well based on the comments that
were submitted (see below).

Excerpt from NAGDU's comments to the DOJ:
"Regarding the Department's intent to exclude specific species of
animals under the definition of "service animal", NAGDU is
supportive of this change, with one exception. Though we agree
that wild animals, including reptiles, non-human primates, and
rodents, as well as  most farm animals, may not be appropriate as
service animals, at least one of our members seems to be
successfully using a miniature horse as a guide animal and has
submitted comments on the Department's Notice of proposed Rule
Making. In spite of the unconventional choice to use a miniature
horse as a service animal, we would urge the Department to keep
an open mind and study the use of this particular species more
closely before making a final decision. At the same time, the
Association agrees that, no matter what species is deemed
acceptable as a service animal, all such animals must adhere to
socially acceptable norms of hygiene and high standards of
behavior"

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org]
On Behalf Of Margo and Arrow
Sent: Monday, July 26, 2010 10:19 PM
To: NAGDU Mailing List, the National Association of Guide Dog
Users
Subject: Re: [nagdu] New definition of a service animal

I'm disappointed, too.  You know, we even have a guide parrot
here and he does actually guide his person.  Guess the parrot's
not a service animal any more.

margo andArrow

----- Original Message -----
From: "Susan Jones" <sblanjones11 at sbcglobal.net>
To: "'NAGDU Mailing List, the National Association of Guide Dog
Users'"
<nagdu at nfbnet.org>
Sent: Monday, July 26, 2010 9:02 PM
Subject: Re: [nagdu] New definition of a service animal

I am disappointed that the new definition is so narrow!

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org]
On Behalf
Of Ginger Kutsch
Sent: Monday, July 26, 2010 7:13 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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