[nagdu] New definition of a service animal

Tue Jul 27 11:18:22 UTC 2010

Ginger, wonderful point as bird excrement is not only hard to pick up, but I
would assume very difficult to pattern like we do with our dogs.  Maybe I am
wrong with this in the case of the parrots, but the last thing I would want
to have is a chip on my shoulder so to speak/grin.  Seriously though, this
does make sense in regards to parrots especially and other domesticated
animals that may be difficult to otherwise to train to relieve on command or
at set points during a day's time.  Again, thanks for this info Ginger, I
always enjoy reading your posts.

Steve

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Ginger Kutsch
Sent: Tuesday, July 27, 2010 6:09 AM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Subject: Re: [nagdu] New definition of a service animal

Hi Margo & all,

I think one of the biggest problems that the DOJ wrestled with was the issue
of animals that could not be "house-broken". I know this was a concern of
NAGDU as well based on the comments that were submitted (see below).

Excerpt from NAGDU's comments to the DOJ:
"Regarding the Department’s intent to exclude specific species of animals
under the definition of “service animal”, NAGDU is supportive of this
change, with one exception. Though we agree that wild animals, including
reptiles, non-human primates, and rodents, as well as  most farm animals,
may not be appropriate as service animals, at least one of our members seems
to be successfully using a miniature horse as a guide animal and has
submitted comments on the Department’s Notice of proposed Rule Making. In
spite of the unconventional choice to use a miniature horse as a service
animal, we would urge the Department to keep an open mind and study the use
of this particular species more closely before making a final decision. At
the same time, the Association agrees that, no matter what species is deemed
acceptable as a service animal, all such animals must adhere to socially
acceptable norms of hygiene and high standards of behavior" 

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Margo and Arrow
Sent: Monday, July 26, 2010 10:19 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] New definition of a service animal

I'm disappointed, too.  You know, we even have a guide parrot here and he
does actually guide his person.  Guess the parrot's not a service animal any
more.

margo andArrow

----- Original Message -----
From: "Susan Jones" <sblanjones11 at sbcglobal.net>
To: "'NAGDU Mailing List, the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Monday, July 26, 2010 9:02 PM
Subject: Re: [nagdu] New definition of a service animal

I am disappointed that the new definition is so narrow!

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Ginger Kutsch
Sent: Monday, July 26, 2010 7:13 PM
To: 'NAGDU Mailing List,the National Association of Guide Dog Users'
Subject: [nagdu] New definition of a service animal

FYI. The Department of Justice finally released the revised ADA regulations
implementing Title II and Title III which includes the new definition of a
service animal at:
<http://www.ada.gov/regs2010/ADAregs2010.htm>
http://www.ada.gov/regs2010/ADAregs2010.htm

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
handler´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.

*****
§ 36.302 Modifications in policies, practices, or procedures.
(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.

(iii) Other requirements. Sections 36.302(c)(3) through (c)(8), which apply
to service animals, shall also apply to miniature horses.

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