[nagdu] Re NAGDU resolution and guide dogs at zoos

[Ginger Kutsch]

All,

Some of the confusion about service animals in zoos has arisen
because zoos receive multiple directives from different federal
agencies. Two federal laws that affect zoos are the Animal
Welfare Act and the ADA. The Animal Welfare Act, administered by
the US Department of Agriculture, places certain obligations on
zoos to protect animals from harm and excludes pets from zoos.
The ADA, administered by the US Department of Justice (DOJ),
requires reasonable policy modifications and favors inclusion of
service animals. When federal laws conflict, the ADA does not
automatically prevail over other federal laws. For example, in
1993, a person with a disability was denied access with her
service dog to a well-known zoo in California. She filed a
complaint with the US Department of Justice (DOJ). The DOJ worked
with the US Department of Agriculture to clarify the relationship
between the ADA and the Animal Welfare Act. The zoo agreed to
modify its total exclusion policy and designate only certain
areas off-limits.

Pasted below is an article regarding the DOJ's position on zoos
and service animals. 

Americans with Disabilities Act and Its Applicability to Zoos

by
Richard Crawford, D.V.M.,
Animal Welfare Information Center, USDA

The Americans With Disabilities Act (ADA) recently became
effective and is applicable to facilities and areas of public
access. The Regulatory Enforcement
and Animal Care staff in the U.S. Department of Agriculture's
(USDA) Animal and Plant Health Inspection Service became involved
in the application of the
ADA to zoos and its potential conflict with the Animal Welfare
Act in regard to the use of service animals (for example, seeing
eye dogs) in zoos. Meetings
were held with USDA's Office of the General Counsel and with
attorneys from the Civil Rights Division, Department of Justice,
to work out a way to handle
such conflicts and comply with the ADA. A position statement was
provided by the Department of Justice in regard to the use of
service animals in public
areas and is reprinted below for the guidance of facilities that
allow public access.

The Application of the ADA to Zoo Policies on Service Animals
"Zoos and other facilities where animals are exhibited are
subject to the requirements of the Americans With Disabilities
Act (ADA). One of the underlying
goals of the ADA is to foster the independence and
self-sufficiency of individuals with disabilities. Service
animals allow many individuals with disabilities
to be self-reliant. Refusing to allow service animals in a place
of public accommodation is not permissible under the ADA absent
evidence that such animals
pose a real threat to safe operation of the facility.

The ADA requires zoos and other facilities to make reasonable
modifications in their regular policies, practices, and
procedures when necessary to afford
an individual with disability the same goods, services,
facilities, privileges, advantages, or accommodations offered to
others. Generally, zoos and other
facilities must permit the use of a service animal by an
individual with a disability. Any limitations on the use of
service animals in zoos and other
facilities where animals are exhibited must be shown by the zoo
to be necessary for safe operation.

Each facility needs to make its own analysis of its
circumstances, and the determinations are very likely to differ
from facility to facility depending
on the types of animals and the configurations of the facilities.
Facilities that wish to restrict service animals in any way
should make a careful assessment
of each area to determine where safety concerns justify
restricting the access of persons with their service animals.
Unsubstantiated fears about potential
risks will not suffice to justify the exclusion of service
animals from areas open to the general public."

It is not likely that a total ban of service animals from the
entire facility can ever be justified. There are many zoo
facilities that permit service animals
in all parts of their facilities apparently without problems.

This article appeared in the Animal Welfare Information Center
Newsletter, Volume 6, Number 2-4, Winter 1995/1996