[Njagdu] Fw: [Fwd: [nagdu] New Regulations Concerning Service Animals]

Tue Mar 22 05:45:50 UTC 2011

FYI on Service Dog Definition as part of ADA...

The following is the new regulations defining a service animal from Marion 
Gwizdala, President of the NFB NAGDU (National Association of Guide Dog 
Users). This was also discussed during the NJAGDU Division March 21st 
meeting and the documentation had also been requested to be sent out again.
For anyone who had not received this message, as you can note, Tracy Carcion 
had sent this to the Njagdu at nfbnet.org and I thank her once again for 
sharing this information. If you would like to receive this type of message 
and did not receive this originally from Tracy, please click on the 
following and subscribe: 
http://nfbnet.org/mailman/listinfo/njagdu_nfbnet.org

Vinny
Vincent Chaney Jr
NFB Diabetes Action Network (DAN) Board of Directors
NFBNJ Diabetes Division President
NJAGDU (NFBNJ Association of Guide Dog Users) Division President
NFBNJ Technology Division Vice President
NFBNJ Resolutions Committee Member
NFBNJ.ORG Webmaster
Mail: vgc732 at optonline.net

----- Original Message ----- 
From: "Tracy Carcione" <carcione at access.net>
To: <njagdu at nfbnet.org>
Sent: Monday, March 14, 2011 8:17 AM
Subject: [Njagdu] [Fwd: [nagdu] New Regulations Concerning Service Animals]

---------------------------- Original Message ----------------------------
Subject: [nagdu] New Regulations Concerning Service Animals
From:    "Marion Gwizdala" <blind411 at verizon.net>
Date:    Mon, March 14, 2011 7:27 am
To:      "NAGDU List" <nagdu at nfbnet.org>
         ""FLAGDU List"" <FLAGDU at NFBNET.ORG>
         blindtlk at nfbnet.org
--------------------------------------------------------------------------

Please disseminate the following message as widely as appropriate.

    On Tuesday, March 15, 2011, new regulations concerning service animals
under the Americans with Disabilities Act take effect. Pasted below my
signature are the relevant excerpts from these new rules.

Respectfully 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

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.

o      (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.

o      (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.

o      (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.

o      (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.

o      (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.

o      (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).

o      (5) Care or supervision. A public accommodation is not responsible
for the care or supervision of a service animal.

o      (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).

o      (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.

o      (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.

o      (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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