[nagdu] Clearing up confusion over service animals

Mon Aug 5 04:07:55 UTC 2013

Hi, Steve,

I'm not sure what your objection is to this article.  Is it that the article
doesn't specifically state that species other than dogs are excluded from
the definition of service animals under the ADA?  Or is it the fact that the
article doesn't mention that persons with disabilities accompanied by
miniature horse service animals should be provided with the same access to
business as those accompanied by service dogs?  The first sentence of the
article states, "Service animals may be of any type or breed of dog and need
not be certified by any governmental agency or service group."  This
sentence seems to me to correctly reflect the most recent rules governing
the ADA which defines service animals as "dogs".  Although the article does
fail to mention that miniature horse service animals are also to be
considered in the same ways as service dogs, the article certainly does not
give the impression that animals of other species are included in the
definition of service animals under the ADA.

I think the article did a good job of succinctly stating the basic
requirements of business owners under the provisions of the ADA regarding
people with disabilities accompanied by service animals.  I like that it is
mentioned that no tags or harness are required and that service animals can
be trained by individuals as well as by training programs.  I also like that
the two questions that business owners can ask are clearly stated and also
the mention of the fact that no licence or identification can be asked for.

All in all, even though I am a miniature horse guide owner, and I would
welcome a note which said that the same rules apply to miniature horse
service animal handlers, (with a few additional stipulations,) I think I
would find this document useful in communicating with business owners, and
think it would be helpful if the general public and business owners were
aware of the facts presented in it.

To me the article does seem to do a good job of reflecting the most recent
revisions of the ADA regulations.  So I'm interested in hearing why you find
it out of date.

Best,
Ann

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Steven Johnson
Sent: Sunday, August 04, 2013 7:10 PM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Subject: Re: [nagdu] Clearing up confusion over service animals

Interesting that this article is using old info as a service animal is now
specifically defined as that of a dog or in some cases a miniature horse.
The article therefore in my opinion, is misleading to the reader.

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Ginger Kutsch
Sent: Sunday, August 04, 2013 8:37 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: [nagdu] Clearing up confusion over service animals

Clearing up confusion over service animals

Tips By Dennis Dotson 

Lincoln County Sheriff 

Friday, August 2, 2013

Source:
http://www.thenewsguard.com/opinion/article_649a87bc-fb00-11e2-9f5e-0019bb29
63f4.html

Service animals may be of any type or breed of dog and need not be certified
by any governmental agency or service group. Some service animals, such as
guide dogs, may be readily identifiable, but many don't have a distinctive
symbol, harness, or collar.

It's important to understand that service animals are not pets and may be
trained by an individual or organization to assist individuals with
disabilities. People should not attempt to pet the animal or offer food
items.

The following examples are just some of the ways service animals may be used
to provide assistance:

.Guiding people who are blind or have poor vision;

.Alerting people who are deaf or hard of hearing;

.Retrieving or picking up items, opening doors, or flipping switches for
people with disabilities who have limited use of their hands, arms or legs;

.Pulling wheelchairs;

.Providing physical support and assisting people with physical disabilities
with stability and balance;

.Doing work or performing tasks for persons with traumatic brain injury,
intellectual disabilities, or psychiatric disabilities, such as reminding a
person with depression to take medication or to wake the person;

.Alerting a person with anxiety to the onset of panic attacks, providing
tactile stimulation to calm a person with Post Traumatic Stress Disorder,
assisting people with schizophrenia to distinguish between hallucinations
and reality, and helping people with traumatic brain injury to locate
misplaced items, find places or follow daily routines.

Under the ADA, service animals assisting individuals with disabilities are
permitted in all public facilities and areas where the general public is
allowed. If an animal exhibits vicious behavior, poses a direct threat to
the health of others, or unreasonably disrupts or interferes with normal
business operations, the employee may direct the partner/handler to remove
the animal from the premises.

Barking alone is not a threat nor does a direct threat exist if the
partner/handler takes prompt effective action to control the animal. Each
incident must be considered individually and past incidents alone are not
cause for excluding a service animal. Removal of a service animal may not be
used as a reason to refuse service to an individual with disabilities.

Businesses are required by federal law to permit service animals to
accompany their partner/handler in all areas that other customers or members
of the public are allowed. If it is unclear whether an animal meets the
definition of a service animal, an employee may ask the individual only the
following questions:

.Is the animal required because of a disability?

.What task or service has this animal been trained to do?

If the individual explains that the animal is required because of a
disability and has been trained to work or perform at least one task, the
animal meets the definition of a service animal and no further question as
to the animal's status should be asked. The person should not be asked
questions about his/her disabilities nor should the person be asked to
provide any license, certification or ID card for the service animal.

Any individual who, as a result of his/her disability, believes he/she has
been discriminated against should contact the Civil Rights Division of the
U.S. Department of Justice.

For more information and tips, visit our web site at
www.lincolncountysheriff.net and on your Smartphone via the "MobilePatrol"
app and Like us on Facebook at Lincoln County Sheriff's Office - Oregon.

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