[Njagdu] Cathy this should answer your question regarding your incident i...

Thu Aug 15 23:55:50 UTC 2013

Hey Trish
Thanks so much
Kathy and Dorito

In a message dated 8/15/2013 9:32:36 A.M. Eastern Daylight Time,  
tebel.ber at hipcil.org writes:

Americans with Disabilities Act  
Title II and Title III Revised Regulations  
Fact Sheet Series  
Call us toll-free: 1-800-949-4232  
Find your regional center at: www.adata.org  
Fact Sheet #5  
Service Animals  
The Department of Justice has issued revised ADA Title II   
(state and local government programs) and Title III  (private  
businesses, a.k.a. places of public accommodation)  regulations  
which took effect March 15, 2011. These regulations revise   
the definition of service animal and add additional  provisions.  
(§35.104, §35.136, §36.104, §36.302)  
Definition  
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, including a physical, sensory, psychiatric,  intellectual,  
or other mental disability. Other species of animals,  whether wild or 
domestic, trained or untrained,  
are not considered to be service animals. The work or tasks  performed by a 
service animal must be  
directly related to the individual’s’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 individuals 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 and as such do not meet the definition of a  service animal.  
Miniature Horses  
A public entity or private business shall make reasonable  modifications in 
policies, practices, or  
procedures to permit the use of a miniature horse as a  service animal 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 subject to an  assessment of 
the type, size, and weight of  
the miniature horse and whether the facility can  accommodate these 
features. The same provisions  
that apply to service dogs also apply to miniature horses.   

Inquiries  
To determine if an animal is a service animal, a public  entity or a 
private business may ask two  
questions: 1) Is this animal required because of a  disability? 2) What 
work or task has this animal  
been trained to perform? These inquires may not be made if  the need for 
the service animal is  
obvious (e.g., the dog is guiding an individual who is  blind or is pulling 
a person’s wheelchair.) A  
public entity or private business may not ask about the  nature or extent 
of an individual’s disability.  
It also may not require documentation, such as proof that  the animal has 
been certified, trained or  
licensed as a service animal, or require the animal to wear  an identifying 
vest.  
When and Where a Service Animal is Allowed Access   
Individuals with disabilities shall be permitted to be  accompanied by 
their service animals in all  
areas of public facilities and private businesses where  members of the 
public, program participants,  
clients, customers, patrons, or invitees are allowed to go.  If a service 
animal’s presence in a specific  
facility compromises legitimate safety requirements that  are necessary for 
safe operation, they can  
be excluded from the facility (e.g., from a surgery or  intensive care unit 
in a hospital in which a  
sterile field is required.)  
A public entity or a private business 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  
individual does not take effective action to control it. An  individual 
shall use a harness, leash or  
other tether with their service animal unless either the  individual is 
unable to do so because of a  
disability or unless the use of a harness, leash, or other  tether would 
interfere with the service  
animal’s safe, effective performance of work or tasks. In  these cases, the 
service animal must be  
under the individual’s control through voice control,  signals, or other 
effective means. If a service  
animal is excluded, the individual with a disability must  still be offered 
the opportunity to obtain  
goods, services, and accommodations without having the  service animal on 
the premises.  
Other Provisions  
• A public entity or private business is not responsible  for the care and 
supervision of a service  
animal.  
• A public entity or private business shall not ask nor  require an 
individual with a disability to  
pay a surcharge or deposit, even if people accompanied by  pets are 
required to pay such  
fees.  
• If a public entity or private business 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.  
Relationship to Other Laws  
• These provisions related to service animals apply only to  entities 
covered by the ADA. The  
Fair Housing Act covers service animal provisions for  residential housing 
situations and the  
Air Carrier Access Act covers service animal provisions for  airline 
travel. The definition of a  
service animal under each of these laws is different than  the definition 
under the ADA.  
Call your Regional ADA Center at 1.800.949.4232 for more  information on  
Service Animals and to get other Fact Sheets in our nine  part series!  

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