FW: Disabilities: DOJ Offers Guidelines for Service Animals

[Guest guest]

From: Randee

Sent: Tuesday, August 18, 2009 8:55 AM

To: Parent to Parent Information List Serve

Subject: Disabilities: DOJ Offers Guidelines for Service Animals

August 17th, 2009 08:57pm

Disabilities:

DOJ Offers Guidelines for Service Animals

by on

For those who are not aware of the laws pertaining to service animals, here’s

some information about the Federal ADA laws. The Department of Justice, the

federal agency responsible for ADA compliance, provides us with answers to

“COMMONLY ASKED QUESTIONS ABOUT SERVICE ANIMALS IN PLACES OF BUSINESS”.

1. Q: What are the laws that apply to my business?

A: Under the Americans with Disabilities Act

(ADA), privately owned businesses that serve the public, such as restaurants,

hotels, retail stores, taxicabs, theaters, concert halls, and sports

facilities, are prohibited from discriminating against individuals

with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals

onto business premises in whatever areas customers are generally allowed.

2. Q: What is a service animal?

A: The ADA defines a service animal as any guide dog, signal dog, or other

animal individually trained to provide assistance to an individual with a

disability. If they meet this definition, animals are considered service

animals under the ADA regardless of whether they have been licensed or

certified by a state or local government.

Service animals perform some of the functions and tasks that the individual

with a disability cannot perform for him or herself. Guide dogs are one type of

service animal, used by some individuals who are blind. This is the type of

service animal with which most people are familiar. But there are service

animals that assist persons with other kinds of disabilities in their

day-to-day activities. Some examples include:

_ Alerting persons with hearing impairments to sounds.

_ Pulling wheelchairs or carrying and picking up things for persons with

mobility impairments.

_ Assisting persons with mobility impairments with balance.

A service animal is not a pet.

3. Q: How can I tell if an animal is really a service animal and not just a

pet?

A: Some, but not all, service animals wear special collars and harnesses.

Some, but not all, are licensed or certified and have identification papers. If

you are not certain that an animal is a service animal, you may ask the person

who has the animal if it is a service animal required because of a disability.

However, an individual who is going to a restaurant or theater is not likely to

be carrying documentation of his or her medical condition or disability. Therefore,

such documentation generally may not be required as a condition for providing

service to an individual accompanied by a service animal. Although a number of

states have programs to certify service animals, you may not insist on proof of

state certification before permitting the service animal to accompany the

person with a disability.

4. Q: What must I do when an individual with a service animal comes to my

business?

A: The service animal must be permitted to accompany the individual with a

disability to all areas of the facility where customers are normally allowed to

go. An individual with a service animal may not be segregated from other

customers.

5. Q: I have always had a clearly posted “no pets” policy at my

establishment. Do I still have to allow service animals in?

A: Yes. A service animal is not a pet. The ADA requires you to modify your

“no pets” policy to allow the use of a service animal by a person with a

disability. This does not mean you must abandon your “no pets” policy

altogether but simply that you must make an exception to your general rule for

service animals.

6. Q: My county health department has told me that only a guide dog has to

be admitted. If I follow those regulations, am I violating the ADA?

A: Yes, if you refuse to admit any other type of service animal on the basis

of local health department regulations or other

state or local laws. The ADA provides greater protection for individuals with

disabilities and so it takes priority over the local or state laws or

regulations.

7. Q: Can I charge a maintenance or cleaning fee for customers who bring

service animals into my business?

A: No. Neither a deposit nor a surcharge may be imposed on an individual

with a disability as a condition to allowing a service animal to accompany the

individual with a disability, even if deposits are routinely required for pets.

However, a public accommodation may charge its customers with disabilities if a

service animal causes damage so long as it is the

regular practice of the entity to charge non-disabled customers for the same

types of damages. For example, a hotel can charge a guest with a disability for

the cost of repairing or cleaning furniture damaged by a service animal if it

is the hotel’s policy to charge when non-disabled guests cause such damage.

8. Q: I operate a private taxicab and I don’t want animals in my taxi; they

smell, shed hair and sometimes have “accidents.” Am I violating the ADA if I

refuse to pick up someone with a service animal?

A: Yes. Taxicab companies may not refuse to provide services to individuals

with disabilities. Private taxicab companies are also prohibited from charging

higher fares or fees for transporting individuals with disabilities and their

service animals than they charge to other persons for the same or equivalent

service.

9. Q: Am I responsible for the animal while the person with a disability is

in my business?

A: No. The care or supervision of a service animal is solely the

responsibility of his or her owner. You are not required to provide care or food

or a special location for the animal.

10. Q: What if a service animal barks or growls at other people, or

otherwise acts out of control?

A: You may exclude any animal, including a service animal, from your

facility when that animal’s behavior poses a direct threat to the health or

safety of others. For example, any service animal that displays vicious

behavior towards other guests or customers may be excluded. You may not make

assumptions, however, about how a particular animal is likely to behave based

on your past experience with other animals. Each situation must be considered

individually.

Although a public accommodation may exclude any service animal that is out

of control, it should give the individual with a disability who uses the

service animal the option of continuing to enjoy its goods and services without

having the service animal on the premises.

11. Q: Can I exclude an animal that doesn’t really seem dangerous but is

disruptive to my business?

A: There may be a few circumstances when a public accommodation is not

required to accommodate a service animal–that is, when doing so would result in

a fundamental alteration to the nature of the business. Generally, this is not

likely to occur in restaurants, hotels, retail stores, theaters, concert halls,

and sports facilities. But when it does, for example, when a dog barks during a movie, the animal can be excluded.

If you have further questions about service animals or other requirements of

the ADA, you may call the U.S. Department of Justice’s toll-free ADA

Information Line at (voice) or (TDD).

Service animals of any kind are a vital tool for some persons with

disabilities, please remember to treat the animal with the same respect as the individual.

This may seam like common sense but at the same time it is not a topic that is

often discussed. Think of the animal not just as a tool, but as an extension of

the owner as well. Feel free to share your experiences with this topic or ask

additional questions here on the blog or via email.

can be reached at david.morrison87@... or on Twitter @dmorriso87

As alwa

Tags Disabilities,

Service

Animals, Wilmington

| Category Uncategorized

Randee

The Arc

Family to Family ,

Program Coordinator

1201 Australian

Ave.

Riviera Beach, FL

33404

(561)842-3213

Fax

(561)863-4352

rgabriel@...

Family to Family is a program of The Arc of

Palm Beach County.

Agencies, programs, articles, and events

mentioned in this e-mail are provided for informational purposes only and are

not in any way endorsements.

If you have received this e-mail in error

or would like to be removed from the Family to Family e-mail list please reply

to sender, in the subject line insert " Remove from list " , in the body

insert your full name and e-mail address. Thank-you.