[Nfbf-l] Tell them it is a Service Dog!

Mon Nov 29 20:46:03 UTC 2010

Here is the Definition of a service animal effective Jan 26, 2011

Below is information on the definition of a service animal effective  
1/26/2011.
DOT and DOJ Standards for Emotional Support Animals  Differ
After posting the new Department of Justice (DOJ) definition of a  service 
animal, I've 
received a number of inquiries asking if this means  that emotional support 
animals 
will be banned from airplanes. Nothing could  be further from the truth. As 
I pointed 
out in the previous post, these new  standards were established by the DOJ 
and apply 
to the Americans with  Disabilities Act (ADA). They differ drastically from 
the 
standards already  established by the Department of Transportation (DOT) 
which 
apply to the Air  Carrier Access Act (ACAA). And as we all know, the ACAA, 
not the 
ADA applies  to air travel.
Here's the difference between the two  standards.

In 2009, the DOT updated their regulations and clarified  the emotional 
support 
animal issue. Under the new regulations, US air  carriers are required to 
carry 
emotional support or psychiatric service  animals if the passenger presents 
a letter 
from a mental health professional  stating that the passenger has a mental 
health 
related disability, and  because of that disability must travel with an 
emotional 
support animal. The  letter must be less than an year old and from a mental 
health 
professional  currently treating the patient. Additionally, 48-hours 
advance notice is  
required to travel with an emotional support animal. 
Furthermore,  airlines are not required to accept unusual or exotic service 
or 
emotional  support animals such as miniature horses, pigs or monkeys, if 
they 
determine  that they are too large or heavy to be safely carried in the 
cabin, or if  
they would pose a direct threat to the safety of the other passengers. It  
should also 
be noted that airlines are never required to accept snakes,  other 
reptiles, ferrets, 
rodents or spiders as service or emotional support  animals.
Conversely, the DOJ limits the definition of a service animal to 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. Additionally it  excludes other species of animals, whether 
wild or 
domestic, except for  miniature horses.
Furthermore, it excludes emotional support animals.  According to the DOJ, 
"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."
So although emotional support animals are allowed by the DOT,  they're 
prohibited by 
the DOJ. In simpler terms, with the proper  documentation you can take your 
emotional support animal on a flight from  Los Angeles to Philadelphia; but 
(starting 
on Jan 26, 2011), you won't be  allowed to take the animal into a hotel, 
restaurant or 
museum once you  arrive.
Hopefully that clarifies the  matter.

Read more: DOT and DOJ  Standards for Emotional Support Animals Differ - 
Barrier Free Travels 

Dwight D. Sayer
Community Relations Manager
MV Transportation,  Inc.
259 Regal Downs Circle 
Winter Garden, Fl. 34787 
Office-(707)  430-0324 
_www.mvtransit.com_ (http://www.mvtransit.com)  

In a message dated 11/29/2010 11:30:53 A.M. Eastern Standard Time,  
drevans at bellsouth.net writes:

Dear  Kirk,

I believe that you are wrong in this one area of your  presentation.
You do not, under the ADA have to carry or show anything to  anyone, that 
says that your dog is a service dog.
Some animals are  privately trained or trained by their owner/user and 
therefore can not be  certified by a recognized agency.
These dogs are an acception and not the  rule as most do come from agencies 
such as "Seeing Eye", Southeast Guide  Dog, or many of the other guide dog 
schools.
These dogs all have a  tattoo in their ear, an imbedded RF chip in their 
neck 
and a special id  disk on their collar.
By law, the only questions they can as of you are,  "Is this a service 
animal", and "What service does it perform for  you."
If they ask more than this it is a ADA violation.
They must accept  your word for it or violate the law.
The animal does not have to perform  for them or do anything else.
Even being an employee of the TSA does not  protect them from a civil 
lawsuit 
if they go too far.
Under the latest  ruling from the DOJ, only dogs and Mini horses are 
considered to be true  service animals.  Emotional support animals are not 
considered  service animals but are pets.  They do not have the protection 
of 
the  ADA.  They must be confined to a pet carrier if small enough or to the 

baggage storage area if too large.

I am currently investigating why  the TSA policy is that we, and our dogs, 
can not be screened by walking  through the full body scanners, like 
everyone 
else and must and can only  be cleared by the use of a pat down.
I just want them to explain to me why  my dog can not go through the 
scanner 
and I can, or the lady with small  children can and my dog can't.
They just need to give me some reasons I can  accept.
Otherwise , it just gives them another way to discriminate and set  us 
aside 
as profoundly different than everyone else.
If they don't have  to touch me or my dog, so much the better.

David Evans, NFBF and GD  Jack.
----- Original Message ----- 
From: "Kirk"  <kvharmon54 at gmail.com>
To: "Sherri" <flmom2006 at gmail.com>;  "sheila" <sayoung125 at att.net>
Cc: <FRG-BVA at yahoogroups.com>;  "Ralph Ingram" <ralphingram99 at gmail.com>
Sent: Sunday, November 28,  2010 5:56 PM
Subject: [Nfbf-l] Tell them it is a Service  Dog!

> Hi my friends, I thought this was worth passing along to  our friends that
> travel and have service Dogs!
> What To Expect  If You Are Blind Or Visually Impaired And Use A Service 
Dog
> If you are  blind or visually impaired and use a service dog, both you and
> your  dog will have to go through screening.
> What Choices, If Any, Do You  Have in the Screening Process?
> You will not be eligible for screening  using Advanced Imaging Technology
> (AIT).
> You can choose to  undergo Walk Through Metal Detector (WTMD) screening, 
or
> request a  pat-down. A pat-down may be conducted in a private screening 
>  area
> by an officer of the same gender.
> IF YOU AND YOUR DOG GO  THROUGH THE WTMD TOGETHER AND ALARM, BOTH OF YOU 
> WILL
> HAVE TO  UNDERGO ADDITIONAL SCREENING.
> 1. To resolve the passenger alarm, the  Transportation Security Officer 
> (TSO)
> will conduct a pat-down  to verify that no prohibited items are present.
> 2. Since your dog's  harness most likely contains metal, the TSO will 
need 
> to
>  physically inspect your dog and its belongings (collar, harness,  leash,
> backpack, vest, etc.) in order to resolve the alarm. Although  the dog's
> harness will not be removed, it and other items that s/he  may be carrying
> such as a backpack are subject to  screening.
>
> IF YOU AND YOUR DOG WALK THOUGH THE WTMD  INDIVIDUALLY AND ONE OR BOTH OF 
> YOU
> ALARM Additional  screening will be conducted as described above on 
whoever
> causes the  alarm.
>
> WHAT YOU CAN DO TO FACILITATE THE SCREENING  PROCESS
>
> 1. Inform the Security Officer that the animal  accompanying you is a 
> service
> animal and not a pet, and carry  appropriate identification to verify this
> fact.
>
> 2.  Inform the Security Officer how you and your dog will walk through the
>  WTMD (walking together or with the service dog walking in front or  
behind
> you).
>
> 3. Keep control of your service animal  while the TSO conducts the 
> screening.
>
> WHAT ELSE  SHOULD YOU EXPECT
>
> The TSO should:
>
> * Offer to  assist you in placing your accessible property on the x-ray 
>  belt.
> * Provide you with verbal instructions regarding the screening  process.
> * Allow you to stay with your dog throughout the entire  screening 
process.
> * Allow you to go to the front of the screening  line if you choose to do 
> so.
> * Allow you to go to the front  of the line to be re-screened when you 
have
> to leave the checkpoint to  take your animal to a service animal relief 
> area.
>
>  WHAT ARE SOME OTHER IMPORTANT THINGS TO KNOW
>
> If you leave the  sterile area to relieve your dog, you will have to 
> undergo
>  the entire screening process again. When you return to the security
>  checkpoint, however, you are entitled to move to the front of the 
>  screening
> line to expedite the process.
>
> Medication for  service animals is permitted through security checkpoints
> once it has  undergone x-ray or visual inspection screening. All liquids,
> gels, or  aerosols will have to undergo Liquid Container Screening.
>
>  _______________________________________________
> gdui-announce mailing  list
> gdui-announce at acb.org
>  http://www.acb.org/mailman/listinfo/gdui-announce
>
>
>
>  __._,_.___
> Kirk Harmon
> President & CEO
> Florida  Disabled Citizens
> for Progress
> P.O.Box 61794
>  Jacksonville, FL 32236
> PH(904) 783-9896
> Cell: (407)  473-2176
> DAV/BVA
> Life Member
>
> " TURNING HOPE  INTO REALITY"
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