[tabi] Re: new regulations re service animals

  • From: Joe Plummer <joeplummer@xxxxxxx>
  • To: "tabi@xxxxxxxxxxxxx" <tabi@xxxxxxxxxxxxx>
  • Date: Fri, 30 Jul 2010 17:42:38 -0400

Yes i have no problen with requiring the person having to caring ID/Vadge for 
the dog vut the person   
Sent from my iPhone

On Jul 30, 2010, at 9:54 AM, "Easy Talk" <easytalk@xxxxxxxxxxxxx> wrote:

> I have had a guide dog for 37 years and may have been ask for ID about 5 
> times.  In  Port Richey at 2 different hotels is the most recent.  I think 
> service animal owners should be required to have a ID showing the animal is a 
> certified service animal.  I say this because I have known people who have 
> trained there  own so called guide dogs that no where compare to what you 
> would get from a guide dog school and in some cases these animals can give 
> good animals a bad name and it certainly can leave a bad taste in the publics 
> eye if a service animal isn't well behaved.  Another point about owner 
> trained service animals is that the owner hasn't been trained on how to use 
> the animal.  I am mainly referring to guide dogs.
> 
> Robert
> 
> ----- Original Message ----- From: "Joe Plummer" <joeplummer@xxxxxxx>
> To: <tabi@xxxxxxxxxxxxx>
> Sent: Thursday, July 29, 2010 6:18 PM
> Subject: [tabi] Re: new regulations re service animals
> 
> 
>> That is something totally different. That I agree with that they should
>> carry ID with them at all times. That is no comparison to having a service
>> animal. Now I get your point and nothing is keeping you from carrying
>> something like that. I know my guide dog service gave me a picture ID of me
>> and the service dog saying she was certified and so was I. I don't carry it
>> but It might be a good idea just in case. But still in my opinion I glad it
>> is not in the law because I think this would still be a pain to have to show
>> your disability to someone to be able to enter a place. Besides are we going
>> to continue to give the government our rights. Where does it stop? How about
>> busses and other transportation. You don't have Id you can't ride, because
>> you have a service animal? Or lets start saying anyone who can not show
>> proof of their disability period , that they are not allowed in a place or
>> public transportation. It just opens up all kind of government control when
>> you start requiring ID for this sort of thing. Just my thoughts. Not trying
>> to start a political war here.
>> 
>> 
>> 
>> sign,
>> Joe Plummer (JP)
>> joeplummer@xxxxxxx
>> 
>> -----Original Message-----
>> From: tabi-bounce@xxxxxxxxxxxxx [mailto:tabi-bounce@xxxxxxxxxxxxx] On Behalf
>> Of Barbara Lineberry
>> Sent: Thursday, July 29, 2010 4:21 PM
>> To: tabi@xxxxxxxxxxxxx
>> Subject: [tabi] Re: new regulations re service animals
>> 
>> I think I have heard that part of the problem with the immigrants in Arizona
>> is that the law is saying they have to carry ID with them at all times and
>> many are against it.  I'm not making a statement on this point, only that it
>> seems that ID for a service animal would be useful to prove the need for one
>> and I know for a fact that other animals than dogs are used as service
>> animals.  Trained monkeys and miniature horses are two examples.
>> 
>> Barbara
>> 
>> ----- Original Message -----
>> From: "Sila Miller" <silam@xxxxxxxxxxxxx>
>> To: <tabi@xxxxxxxxxxxxx>
>> Sent: Thursday, July 29, 2010 5:15 AM
>> Subject: [tabi] Re: new regulations re service animals
>> 
>> 
>> 
>> It's too bad that this definition seems to prohibit places of accommodation
>> from requiring proper identification or verification of training and
>> certification for service animals.
>> "A public accommodation shall not require
>> documentation, such as proof that the animal has been certified,
>> trained, or licensed as a service animal."
>> Sila
>> 
>> ----- Original Message ----- From: "Allison and Chip Orange" 
>> <acorange@xxxxxxxxxxx>
>> To: <tabi@xxxxxxxxxxxxx>
>> Sent: Tuesday, July 27, 2010 8:39 PM
>> Subject: [tabi] new regulations re service animals
>> 
>> 
>>> 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.
>>> 
>>> Check out the TABI resource web page at
>>> http://acorange.home.comcast.net/TABI
>>> and please make suggestions for new material.
>>> 
>>> 
>>> 
>>> if you'd like to unsubscribe you can do so through the freelists.org web
>>> interface, or by sending an email to the address
>>> tabi-request@xxxxxxxxxxxxx with the word "unsubscribe" in the subject.
>> 
>> Check out the TABI resource web page at
>> http://acorange.home.comcast.net/TABI
>> and please make suggestions for new material.
>> 
>> 
>> 
>> if you'd like to unsubscribe you can do so through the freelists.org web
>> interface, or by sending an email to the address tabi-request@xxxxxxxxxxxxx
>> with the word "unsubscribe" in the subject.
>> 
>> Check out the TABI resource web page at
>> http://acorange.home.comcast.net/TABI
>> and please make suggestions for new material.
>> 
>> 
>> 
>> if you'd like to unsubscribe you can do so through the freelists.org web
>> interface, or by sending an email to the address tabi-request@xxxxxxxxxxxxx
>> with the word "unsubscribe" in the subject.
>> 
>> Check out the TABI resource web page at http://acorange.home.comcast.net/TABI
>> and please make suggestions for new material.
>> 
>> 
>> 
>> if you'd like to unsubscribe you can do so through the freelists.org web 
>> interface, or by sending an email to the address tabi-request@xxxxxxxxxxxxx 
>> with the word "unsubscribe" in the subject. 
> 
> Check out the TABI resource web page at http://acorange.home.comcast.net/TABI
> and please make suggestions for new material.
> 
> 
> 
> if you'd like to unsubscribe you can do so through the freelists.org web 
> interface, or by sending an email to the address tabi-request@xxxxxxxxxxxxx 
> with the word "unsubscribe" in the subject.
Check out the TABI resource web page at http://acorange.home.comcast.net/TABI
and please make suggestions for new material.



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