[Nfbf-l] Stricter Guide Dog regulations

Fri Mar 11 15:57:38 UTC 2011

Thanks Kirk, for this info.  I've received it now, I think 3 times , smile, 
from different folks, but I do appreciate you sending it.  I'm also on the 
fCB list, in case you didn't know, and have already forwarded this to some 
other lists I am on that I think would benefit from this information.

Again, thanks for thinking of me.  Have a wonderful day.

----- Original Message ----- 
From: "Kirk" <kvharmon54 at gmail.com>
To: <BattingTheBreeze at yahoogroups.com>; <FRG-BVA at yahoogroups.com>; "NFB of 
Florida Internet Mailing List" <nfbf-l at nfbnet.org>
Sent: Friday, March 11, 2011 9:36 AM
Subject: [Nfbf-l] Stricter Guide Dog regulations

> Hi friends, I thought I would send this information that was sent out to 
> the
> FCB list from it's state president so our guide dog users and all could
> read. It is rather lentghy, but well worth the read. Your friend in the
> cause, Kirk
>
>
> -----Original Message-----
> From: acb-l-bounces at acb.org [mailto:acb-l-bounces at acb.org] On Behalf Of
> Ashley
> Sent: Thursday, March 10, 2011 9:48 PM
> To: blind-talk at yahoogroups.com; nabs at act.org; acb-l at acb.org
> Subject: [acb-l] FW: [Juno-l] for your information
>
> Hey guys,
> Thought you might be interested in this.  My apoligies if you are getting
> this more than once.
>
> It'll be below my signature.
> I hope you all have a great day!
> Ashley,
>
>
> -----Original Message-----
> Sent: Thursday, March 10, 2011 8:00 PM
> To: juno-l at screenreview.org
> Subject: [Juno-l] for your information
>
> Gone to the Dogs: Rules on Service Animals to Become Stricter
>
> by James J. McDonald, Jr., managing partner, Fisher & Phillips,
> LLP
>
> Regulations issued in 1991 following the enactment of the
> Americans with
> Disabilities Act required that public accommodations (which
> include
> restaurants, hotels, retail establishments, theaters, and concert
> halls)
> modify their policies, practices, or procedures to permit the use
> of a
> service animal by an individual with a disability.
>
> Essentially this means that service animals accompanying persons
> with
> disabilities have to be admitted to establishments with policies
> that
> otherwise exclude pets or other animals.
>
> When the ADA was enacted, most service animals were "seeing-eye"
> dogs that
> assisted blind or sight-impaired persons. In most cases, these
> dogs were
> highly trained and, because of their extensive training, were not
> likely to
> create a nuisance or a sanitary problem.
>
> Over time, however, a variety of species came to be characterized
> by their
> owners as service animals, including pigs, horses, monkeys,
> snakes, lizards,
>
> birds, and rodents. Also, dogs and other animals that merely
> provide
> emotional comfort to their owners also have been characterized as
> service
> animals.
>
> This proliferation of creatures claimed to be service animals has
> posed
> obvious problems for many restaurants and hotels in terms of
> safety,
> sanitation, and disturbance of other guests. Until now, however,
> proprietors
>
> were largely powerless to bar these types of animals from their
> establishments.
>
> The U.S. Department of Justice has issued new regulations
> effective March
> 15, 2011, however, which will substantially limit the types of
> animals that
> will qualify as service animals under the ADA.
>
> First, only dogs (and miniature horses in some cases) will
> qualify as
> service animals under the new regulations. "Other species of
> animals,
> whether wild or domestic, trained or untrained," will not
> qualify. The new
> regulations, however, do not place limits on breed or size of
> dog.
>
> Second, the dog must be "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."
> The
> regulations go on to state that the work or tasks performed by
> the service
> animal must be directly related to the handler's disability.
> Examples of
> work or tasks set forth in the regulations include:
>
> a.. Assisting sight-impaired persons with navigation or other
> tasks
> b.. Alerting hearing-impaired persons to the presence of people
> or sounds
> c.. Providing nonviolent protection or rescue work
> d.. Pulling a wheelchair
> e.. Assisting an individual during a seizure
> f.. Alerting an individual to the presence of allergens
> g.. Retrieving items such as medicine or the telephone
> h.. Providing physical support and assistance with balance and
> stability
> to individuals with mobility impairments
> i.. Helping persons with psychiatric and neurological
> disabilities by
> preventing or interrupting impulsive or destructive behaviors
> Under the new regulations, the mere "provision of emotional
> support,
> well-being, comfort, or companionship does not constitute work or
> tasks" for
>
> purposes of the definition of service animal. Thus, animals that
> provide
> only comfort or emotional support for their owners will no longer
> qualify as
>
> service animals.
>
> For a dog to qualify as a service animal to an owner with a
> psychiatric
> disability under the new regulations, the dog must be trained to
> perform
> specific work or tasks. Examples given in the guidance
> accompanying the new
> regulations of tasks performed by psychiatric service animals
> include
> reminding the handler to take medicine, providing safety checks
> or room
> searches for persons with posttraumatic stress disorder,
> interrupting
> self-mutilation, and removing disoriented individuals from
> dangerous
> situations.
>
> The guidance also states that a dog that is used to "ground" a
> person with a
>
> psychiatric disorder will qualify as a service animal if the dog
> has been
> trained: (1) to recognize that a person is about to have a
> psychiatric
> episode and (2) to respond by nudging, barking or removing the
> person to a
> safe location until the episode subsides.
>
> The new regulations additionally clarify that "attack dogs"
> trained to
> provide aggressive protection of their owners will not qualify as
> service
> animals. The crime-deterrent effect of a dog's presence, by
> itself, does not
>
> qualify as "work" or "tasks" for purposes of the service animal
> definition.
>
> The new regulations also formalize prior Justice Department
> technical
> assistance addressing the use and handling of service animals.
> The
> regulations provide that a public accommodation may ask an
> individual with a
>
> disability to remove a service animal from the premises if the
> animal is not
>
> housebroken, or if the animal is out of control, and the animal's
> handler
> does not take effective action to control it. (Ordinarily, the
> regulations
> state, a service animal shall have a harness, leash, or other
> tether, unless
>
> the person with a disability is unable to use a harness, leash,
> or tether or
>
> the use of such a device would interfere with the animal's
> ability to
> perform its work or tasks.) If a service animal is removed for
> any of these
> reasons, the person with a disability must still be permitted to
> access the
> establishment's goods, services, or accommodations without the
> animal being
> present.
>
> The regulations also confirm that a public accommodation is not
> responsible
> for the care or supervision of a service animal.
>
> The regulations provide that a public accommodation may not ask
> about the
> nature or extent of a person's disability, but that it generally
> may make
> two inquiries to determine whether an animal qualifies as a
> service animal;
> it may ask: (1) if the animal is required because of a
> disability, and (2)
> what work or task the animal has been trained to perform. These
> inquiries
> may not be made, however, when it is readily apparent that the
> animal is a
> service animal, such as where a guide dog is guiding a blind
> person or a dog
>
> is pulling a wheelchair.
>
> Furthermore, a public accommodation may not require
> documentation, such as
> proof that the animal has been certified, trained, or licensed as
> a service
> animal. Nor may a public accommodation require a person with a
> disability to
>
> pay a surcharge for a service animal, even if it applies such a
> surcharge
> for pets.
>
> These regulations will not apply to landlords or airlines, which
> are
> governed by the Fair Housing Act and the Air Carrier Access Act,
> respectively. It is also not yet clear that these regulations,
> and
> particularly the definition of a service animal, will be applied
> by courts
> to cases brought under Title I of the ADA which covers
> employment.
>
> A good argument may be made, based on existing case law, that a
> stricter
> standard would apply under Title I. Unlike under Title III, where
> a dog must
>
> be allowed onto the premises if it qualifies as a service animal
> and does
> not leave a mess or cause a serious disturbance, an employee
> under Title I
> of the ADA is entitled only to such accommodations as are
> necessary to
> enable him or her to perform the essential functions of the job.
>
> An employee, therefore, will likely need to show that the
> presence of a
> service animal is needed for the employee to be able to perform
> his or her
> essential job duties. An animal that provides only comfort or
> emotional
> support to an employee, but that is not needed in order for the
> employee to
> be able to work, will not likely qualify as a reasonable
> accommodation under
>
> Title I of the ADA.
>
> These new regulations give long-needed clarity to hotels,
> restaurants,
> retailers, and other public accommodations regarding which
> animals must be
> allowed as service animals, and under what circumstances. No
> longer will
> these establishments need to allow patrons to bring exotic,
> dangerous,
> disruptive, or unsanitary animals with them as purported "service
> animals."
>
> James J. McDonald, Jr. is managing partner of the Irvine, Calif.
> office of
> the national labor and employment law firm Fisher & Phillips LLP
> (www.laborlawyers.com).
>
> Kirk Harmon
> President & CEO
> Florida Disabled Citizens
> for Progress
> P.O.Box 61794
> Jacksonville, FL 32236
> PH(904) 783-9896
> Cell: (407) 473-2176
> DAV/BVA
> Life Member
>
> " TURNING HOPE INTO REALITY"
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