[nagdu] Rlease: New Service animal Hotline
Marion Gwizdala
blind411 at verizon.net
Mon Apr 4 23:17:25 UTC 2011
Lyn,
the new regulations were published in the Federal Register on September
15. The DOJ has sent out several announcements concerning this. It is also
our responsibility to get the word out; thus the sending of the news
release. As to how they will be enforced, this will be done through the
complaint process.
fraternally yours,
Marion Gwizdala
----- Original Message -----
From: "Lyn Gwizdak" <linda.gwizdak at cox.net>
To: "NAGDU Mailing List, the National Association of Guide Dog Users"
<nagdu at nfbnet.org>
Sent: Monday, April 04, 2011 1:29 PM
Subject: Re: [nagdu] Rlease: New Service animal Hotline
Marion,
Do you know how these new regs will be enforced and the changes disseminated
to businesses and places of public access? I had a friend ask me this and I
had no idea as to how this would be enforced.
Lyn and Landon
----- Original Message -----
From: "Marion Gwizdala" <blind411 at verizon.net>
To: "NAGDU List" <nagdu at nfbnet.org>
Sent: Friday, April 01, 2011 8:59 AM
Subject: [nagdu] Rlease: New Service animal Hotline
Dear All,
As members of this NAGDU sponsored list, I wanted to share this
information with you first. Please feel free to circulate this message as
widely as it is appropriate. Many thanks to Mike Hingson who serves as the
Project manager for this excellent service and everyone who gave of their
time, talent, and treasure to serve on the committees responsible for the
project. This hotline is evolving and information on updates will be shared
with the NAGDU List first. Please take a few minutes to check out the
hotline and offer your input to us. Comments can be sent to
Info at NAGDU.ORG
If you are receiving this information as the result of a forwarded message
and would like more information about the National Association of Guide Dog
Users or would like to join the NAGDU discussion list, please visit our
website
HTTP://NAGDU.ORG
Fraternally yours,
Marion Gwizdala, President
National Association of Guide Dog Users (NAGDU)
National Federation of the Blind
813-626-2789
President at NAGDU.ORG
HTTP://WWW.NAGDU.ORG
FOR IMMEDIATE RELEASE
FROM: National Association of Guide Dog Users
DATE: March 13, 2011
TO: All Media
CONTACT: Marion Gwizdala
(813) 626-2789
President at NAGDU.ORG
GUIDE DOG ASSOCIATION LAUNCHES INNOVATIVE HOTLINE
The National Association of Guide Dog Users (NAGDU), the leader
in service animal advocacy, has launched an innovative new service. The
NAGDU Education & Advocacy Hotline not only offers information about the
legal rights of individuals who use service animals, it offers the option to
speak with an advocate who is trained to resolve access denials. According
to the new federal guidelines that took effect on March 15, 2011, , a
service animal is "any dog that is individually trained to do work or
perform tasks for the benefit of an individual with a disability". (28 CFR
Part 35.104 & 28 CFR Part 36.104). The new regulations specifically state,
"Other species of animals, whether wild or domestic, trained or untrained,
are not service animals for the purposes of this definition." In an effort
to further clarify its intent, the Department of Justice specifically
states, "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." The new
regulations concerning service animals follow this release.
"We find that most access problems are the result of a lack of
information," says Michael Hingson, the Association's Vice President who
serves as Project Manager for the hotline. "This hotline is an excellent
resource for accurate information."
The NAGDU Education & Advocacy Hotline currently offers general
information about service animals under the Americans with Disabilities Act
(ADA), as well as specific guidance concerning restaurants, taxicabs, and
health care facilities. Callers needing immediate assistance can connect
directly to a live trained advocate. Future plans for the hotline include
summaries of each of the state laws concerning service animals, more
industry specific information, and guidance in a variety of languages, such
as Mandarin and Arabic. The Hotline is available anytime by calling,
toll-free, 866-972-3647.
The NAGDU Education & Advocacy Hotline was created by a grant
from the National Federation of the Blind's (NFB) Imagination Fund, as well
as with contributions from the California and Florida Associations of Guide
Dog Users. The National Association of Guide Dog Users is a strong and proud
division of the NFB. NAGDU conducts public awareness campaigns on issues of
guide dog use, provides advocacy support for guide dog handlers who face
discrimination, supports effective legislation to protect the rights of
service animal users, offers educational programs to school and civic
organizations, and functions as an integral part of the National Federation
of the Blind. For more information about the National Association of Guide
Dog Users, you can visit their website at
HTTP://WWW.NAGDU.ORG
Or send an email message to
Info at NAGDU.ORG
# # #
The following information is excerpted from
http://www.ada.gov/regs2010/titleII_2010/titleII_2010_integrated.htm
and
http://www.ada.gov/regs2010/titleIII_2010/titleIII_2010_integrated.htm
28 CFR part 35.104 & 28 CFR Part 36.104
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
individual'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.
28 CFR § 35.136 Service animals
(a) General. Generally, a public entity shall modify its policies,
practices, or procedures to permit the use of a service animal by an
individual with a disability.
(b) Exceptions. A public entity may ask an individual with a disability to
remove a service animal from the premises if-
(1) The animal is out of control and the animal's handler does not take
effective action to control it; or
(2) The animal is not housebroken.
(c) If an animal is properly excluded. If a public entity properly excludes
a service animal under § 35.136(b), it shall give the individual with a
disability the opportunity to participate in the service, program, or
activity without having the service animal on the premises.
(d) 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).
(e) Care or supervision. A public entity is not responsible for the care or
supervision of a service animal.
(f) Inquiries. A public entity 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 entity 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 entity shall not require documentation,
such as proof that the animal has been certified, trained, or licensed as a
service animal. Generally, a public entity 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).
(g) Access to areas of a public entity. Individuals with disabilities shall
be permitted to be accompanied by their service animals in all areas of a
public entity's facilities where members of the public, participants in
services, programs or activities, or invitees, as relevant, are allowed to
go.
(h) Surcharges. A public entity 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 entity 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.
(i) Miniature horses.
(1) Reasonable modifications. A public entity 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.
(2) 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 entity shall consider-
(i) The type, size, and weight of the miniature horse and whether the
facility can accommodate these features;
(ii) Whether the handler has sufficient control of the miniature horse;
(iii) Whether the miniature horse is housebroken; and
(iv) Whether the miniature horse's presence in a specific facility
compromises legitimate safety requirements that are necessary for safe
operation.
(C) Other requirements. Paragraphs 35.136 (c) through (h) of this section,
which apply to service animals, shall also apply to miniature horses.
28 CFR § 36.302 Modifications in policies, practices, or procedures.
(c) Service animals.
(1) General. Generally, a public accommodation shall modify policies,
practices, or procedures to permit the use of a service animal by an
individual with a disability.
(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.
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