[nagdu] Fw: Breaking News About DOJ Changes

Wed Jan 7 22:03:40 UTC 2009

i am torn because in a way i feel like minis should only be used for guide work PERIOD ... it seems like when you draw attention to one thing everyone flocks to it . I hope this dosent start the trend of people abusing the ADA as it is already being abused and using minis to do it ..... this would be a bad thing . 
cari and Denver 

-----Original Message-----
From: Ann Edie <annedie at nycap.rr.com>
To: Guide-Horse-Users at yahoogroups.com; GDUI-Friends at yahoogroups.com; nagdu at nfbnet.org; vi-clicker-trainers at freelists.org
Cc: NSoderstro at aol.com
Sent: Wed, 7 Jan 2009 1:19 pm
Subject: [nagdu] Fw: Breaking News About DOJ Changes

Breaking News About DOJ ChangesHi, Everyone,

I am forwarding a message I got from Rebecca Skloot, the author of the NY Times 
Magazine article about non-canine service animals and the ADA issues.  She has 
been leaked the documents with the final DOJ regulations and definition of 
service animal under the ADA.  (The regulations are not yet official, because 
they are being reviewed by the OMB.)

Her message is below, with links to her blog and further information.  But I 
have also copied some of the text from her blog to give you the jist of what she 
has to say.

Here is the copied text:

I just gotten a leaked version of the latest DOJ regulations, and the agency has 
in fact made the species ban more restrictive. The DOJ's initial proposal
would have allowed cats and other commonly domesticated animals (perhaps 
including parrots like the one I reported on in my story who helps a man with
his bipolar disorder by talking him down from psychotic episodes). But the 
current version (which the DOJ approved on 12/3 and is now pending final 
approval
by the OMB), restricts assistance animals to only dogs. The DOJ's new proposed 
service animal definition is:
Block quote start
"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, cannot be service animals."
Block quote end

It does include a special provision for miniature horses (but no other species) 
saying business must make:
Block quote start
"reasonable modifications in policies, practices and 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, unless the public accommodation can
demonstrate that making the modifications would fundamentally alter the nature 
of the pub
lic accommodation's goods, services, facilities, privileges, 
advantages,
or accommodations."
Block quote end

But in the end, it says, "The miniature horse is not included in the definition 
of service animal, which is limited to dogs." This strips their users of
all legal rights associated with service animal use. It's unclear whether this 
means users who live in areas that don't allow livestock within city limits
(which = most of them), will have to give up their guide horses because they're 
no longer considered service animals. The big question now is whether there
will be another revision, or whether this regulation will be approved before 
January 20th, when Obama takes office.

Many readers have asked who they can contact to speak out about this regulation, 
since the final proposal is still awaiting approval. Those interested can
contact their government representatives
and
state senators.
Also the Department of Justice
here
[update: apparently the DOJ isn't taking comments or documenting calls about 
this] and the OMB
here.
(Update for those who've asked: The relevant way to reference this issue is by 
saying you're contacting them about the DOJ's pending ADA regulations that
would ban the use of any species other than dogs as service animals. The exact 
regulation in question is "Title III Regulation 28 CFR Part 36: 
Nondiscrimination
on the Basis of Disability by Public Accommodations and in Commercial 
Facilities."

Update: The leaked document says "For further information contact Janet L. 
Blizard, Deputy Chief, Disability Rights Section, Civil Rights Division, U.S.
Department of Justice, at (202) 307-0663." [See above: the DOJ is not taking 
calls on this issue]

Below is Rebecca Skloot's original message with links to further information:

Best,
Ann

----- Original Message ----- 
From: Rebecca Skloot 
Sent: Tuesday, January 06, 2009 2:21 PM
Subject: Breaking News About DOJ Changes 

I just got some government documents leaked to me that contain the final 
regulations the DOJ approved, which ar
e waiting final approval for the OMB.  
They don't look good.  I just posted info about them here ... Spread the word, 
and contact folks to protest if you'd like:

http://scienceblogs.com/culturedish/2009/01/newsflash_doj_ada_changes_leak.php 
--
Rebecca Skloot | freelance writer | http://www.rebeccaskloot.com   
blogger | http://scienceblogs.com/culturedish   
assistant professor | creative nonfiction | http://www.mfainmemphis.com 

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