[tabi] Re: new regulations re service animals

  • From: "Sila Miller" <silam@xxxxxxxxxxxxx>
  • To: <tabi@xxxxxxxxxxxxx>
  • Date: Sat, 31 Jul 2010 09:09:38 -0400

Ahh, thank you Lynn.
----- Original Message ----- From: "Lynn Evans" <evans-lynn@xxxxxxxxxxx>
To: <tabi@xxxxxxxxxxxxx>
Sent: Thursday, July 29, 2010 7:52 PM
Subject: [tabi] Re: new regulations re service animals


Sila your and your service cat are welcome in my establishment anytime.

----- Original Message ----- From: "Sila Miller" <silam@xxxxxxxxxxxxx>
To: <tabi@xxxxxxxxxxxxx>
Sent: Thursday, July 29, 2010 6:37 PM
Subject: [tabi] Re: new regulations re service animals


No worries, no political war will be started Joe. But, I think I'll be taking my cat, Petita Louise to work for emotional support tomorrow. She loves to lie quietly in my lap and purr her little head off. It decreases my blood pressure, gives me a warm feeling of security and would definitely be an icebreaker! She has no identification, aside from her vaccination tag and a bell but since they can't ask for ID, don't you think this'll fly? My reasoning for disagreeing with places not being allowed to ask for valid identification have more to do with pride in the intensive training and time invested into a legitimate service animal. Otherwise, we may have all kinds of "companion-service animals" which, in my opinion greatly diminishes the validity of our certified service provider animals. We must show proper identification to purchase alcohol or vote so why shouldn't our service animals have the same restriction?
Sila

----- 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.

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and please make suggestions for new material.



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and please make suggestions for new material.



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and please make suggestions for new material.



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