[Nfbk] GUIDE DOG ASSOCIATION LAUNCHES INNOVATIVE HOTLINE

[Joey Couch]

I just found this and I thought I wood pass it on for those who are
guide dog users.

Please circulate the following information as
widely as appropriate. If you are receiving this
message as a forward and would like to learn more
about the National Association of Guide Dog Users
or to join the NAGDU email discussion list, please visit our website

<http://nagdu.org/>HTTP://NAGDU.ORG

Marion Gwizdala, President
National Association of Guide Dog Users (NAGDU)
National Federation of the Blind (NFB)
813-626-2789
<mailto:President at NAGDU.ORG>President at NAGDU.ORG
HTTP://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
advoacate. 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/>HTTP://WWW.NAGDU.ORG

Or send an email message to

<mailto:Info at NAGDU.ORG>Info at NAGDU.ORG
# # #

The following information is excerpted from

<http://www.ada.gov/regs2010/titleII_2010/titleII_2010_integrated.htm>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.

Joey Couch
cell phone 606-216-8033
email
joey.couch at gmail.com
or
ki4vjd at arrl.net
twitter name @ki4vjd
facebook joey.couch at gmail.com
Skype name joey6584