[Njagdu] [Fwd: [nagdu] Rlease: New Service animal Hotline]
Tracy Carcione
carcione at access.net
Fri Apr 1 17:35:27 UTC 2011
---------------------------- Original Message ----------------------------
Subject: [nagdu] Rlease: New Service animal Hotline
From: "Marion Gwizdala" <blind411 at verizon.net>
Date: Fri, April 1, 2011 11:59 am
To: "NAGDU List" <nagdu at nfbnet.org>
--------------------------------------------------------------------------
Dear All,
As members of this NAGDU sponsored list, I wanted to share this
information with you first. Please feel free to circulate this message
as widely as it is appropriate. Many thanks to Mike Hingson who serves
as the Project manager for this excellent service and everyone who
gave of their time, talent, and treasure to serve on the committees
responsible for the project. This hotline is evolving and information
on updates will be shared with the NAGDU List first. Please take a few
minutes to check out the hotline and offer your input to us. Comments
can be sent to
Info at NAGDU.ORG
If you are receiving this information as the result of a forwarded message
and would like more information about the National Association of Guide
Dog Users or would like to join the NAGDU discussion list, please visit
our website
HTTP://NAGDU.ORG
Fraternally yours,
Marion Gwizdala, President
National Association of Guide Dog Users (NAGDU)
National Federation of the Blind
813-626-2789
President at NAGDU.ORG
HTTP://WWW.NAGDU.ORG
FOR IMMEDIATE RELEASE
FROM: National Association of Guide Dog Users
DATE: March 13, 2011
TO: All Media
CONTACT: Marion Gwizdala
(813) 626-2789
President at 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 advocate. 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
Or send an email message to
Info at NAGDU.ORG
# # #
The following information is excerpted from
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.
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