[nagdu] Hospital cannot ban all service animals from psych ward, federal judge rules

[Steven Johnson]

Buddy, 
Why do you say it is not covered?  It is a dog, and is performing a physical
function for this person; not emotional support.  
I would be more concerned about the other patients posing a direct threat to
the dog than vise versa.

Steve


-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Buddy Brannan
Sent: Friday, August 09, 2013 2:43 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Hospital cannot ban all service animals from psych
ward, federal judge rules

Only one problem with it. It isn't covered in current regulations, only dogs
and miniature horses are. 
--
Buddy Brannan, KB5ELV - Erie, PA
Phone: (814) 860-3194 or 888-75-BUDDY



On Aug 9, 2013, at 12:06 PM, rhonda cruz <rhondaprincess at gmail.com> wrote:

> hi i think if the service go helps the handler then. they need to keep it
with them, i see no problem with it.
> 
> On Aug 9, 2013, at 7:54 AM, Ginger Kutsch wrote:
> 
>> Hospital cannot ban all service animals from psych ward, federal 
>> judge rules
>> 
>> Posted Aug 8, 2013 3:20 PM CDT
>> 
>> By Martha Neil
>> 
>> The American Bar Association Journal
>> 
>> Source:
>> http://www.abajournal.com/news/article/hospital_cannot_ban_all_servic
>> e_anima ls_from_psych_ward_federal_judge_rules/
>> 
>> A California hospital can't unilaterally ban all service animals from 
>> certain areas, such as a psychiatric ward, a federal judge has ruled.
>> 
>> 
>> 
>> Siding with a disabled woman who said she had to choose between 
>> getting the treatment she needs for her bipolar disorder and getting 
>> the help she needs from her highly trained service dog, Inglis, U.S. 
>> District Judge Ronald Whyte held last week that El Camino Hospital 
>> had violated the Americans with Disabilities Act by failing to do an 
>> individualized assessment of Inglis before banning the animal, reports
Courthouse News.
>> 
>> 
>> 
>> The hospital had argued that concerns about infection, the safety of 
>> its other patients and disruption of ward routine justified the blanket
ban.
>> 
>> 
>> 
>> But that is not what the law requires, Whyte said in a written 
>> opinion in the San Jose case:
>> 
>> 
>> 
>> "El Camino must conduct individualized assessments in accordance with 
>> the ADA and the Code of Federal Regulations to determine whether a 
>> specific service animal poses a direct threat to the health or safety 
>> of others based on reasonable judgment that relies on current medical 
>> knowledge or on the best available objective evidence, to ascertain: 
>> the nature, duration and severity of the risk; the probability that 
>> the potential injury will actually occur; and whether reasonable 
>> modifications of policies, practices or procedures or the provision 
>> of auxiliary aids or services will mitigate the risk."
>> 
>> 
>> 
>> Plaintiff Abigayil Tamara, 70, said Inglis helps her with her 
>> balance, picks up items she drops, pushes elevator buttons for her 
>> and helps her put on her jacket, the news agency reports.
>> 
>> 
>> 
>> 
>> 
>> 
>> 
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> 
> 
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