[Nfbf-l] Tell them it is a Service Dog!
Kirk
kvharmon54 at gmail.com
Tue Nov 30 00:11:12 UTC 2010
Dwight, thanks for clearing this issue up for all of us! KH
----- Original Message -----
From: <REPCODDS at aol.com>
To: <nfbf-l at nfbnet.org>
Sent: Monday, November 29, 2010 3:46 PM
Subject: Re: [Nfbf-l] Tell them it is a Service Dog!
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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