[tabi] Re: new regulations re service animals

  • From: "Joe Plummer" <joeplummer@xxxxxxx>
  • To: <tabi@xxxxxxxxxxxxx>
  • Date: Thu, 29 Jul 2010 08:15:51 -0400

Yes, and no This is a good thing in one way you don't have to carry around
proof that the animal is a service animal and every time you go to a place
you have to hold up a line and pull out all this stuff and waste 30 minutes
showing that your dog or whatever is train to provide that service and you
also are train to work with the animal. This would be a pain in the a** to
me. But at the same time I can see maybe that this would be right for a
business if they wanted to implement it. So in a nut shell I am thankful
that they don't require us to take that stuff around and be denied to inter
a place or put to the side like a second class citizen till we could    show
proof. I would say that requiring this would be boarding on discrimination
to us by selecting a group of people to make do this. Example we would be
stopped because we have a guide dog to show  proof. While a person in a
wheel chair don't have to show proof that they are cripple. Or a man with a
cane don't need to show proof that he needs the cane, but if you have a
service animal you have to show proof. To me this would be discrimination.
Just my thoughts.


Sign,
JP ( Joe Plummer)
joeplummer@xxxxxxx

-----Original Message-----
From: tabi-bounce@xxxxxxxxxxxxx [mailto:tabi-bounce@xxxxxxxxxxxxx] On Behalf
Of Sila Miller
Sent: Thursday, July 29, 2010 5:15 AM
To: tabi@xxxxxxxxxxxxx
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 
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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.

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