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

[Buddy Brannan]

Sorry. I thought someone said something about a goat. That’ll teach me to only pay half attention to things.
--
Buddy Brannan, KB5ELV - Erie, PA
Phone: (814) 860-3194 or 888-75-BUDDY



On Aug 9, 2013, at 6:12 PM, Steven Johnson <blinddog3 at charter.net> wrote:

> 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.
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> _______________________________________________
>>> nagdu mailing list
>>> nagdu at nfbnet.org
>>> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>>> To unsubscribe, change your list options or get your account info for
> nagdu:
>>> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/rhondaprincess%40g
>>> mail.com
>> 
>> 
>> _______________________________________________
>> nagdu mailing list
>> nagdu at nfbnet.org
>> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>> To unsubscribe, change your list options or get your account info for
> nagdu:
>> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/buddy%40brannan.nam
>> e
> 
> 
> _______________________________________________
> nagdu mailing list
> nagdu at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for nagdu:
> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/blinddog3%40charter.net
> 
> 
> _______________________________________________
> nagdu mailing list
> nagdu at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for nagdu:
> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/buddy%40brannan.name