[tabi] new regulations re service animals

  • From: "Allison and Chip Orange" <acorange@xxxxxxxxxxx>
  • To: <tabi@xxxxxxxxxxxxx>
  • Date: Tue, 27 Jul 2010 20:39:42 -0400

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:
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
(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
(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

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