[Steppes] FYI: Service Animals
Mike C. Baker
kihebard at hotmail.com
Sun Aug 5 21:06:05 PDT 2007
>From Federal seminar notes seen on a mailing list... May be of use to
event planners, site coordinators, those considering a service animal,
and for the rest of us to do some thinking about those who need / may
have future need of a service animal.
((apologies about the formatting, I'm tired and it is getting late. -
Mike / Kihe / Amra))
> COMMONLY ASKED QUESTIONS ABOUT SERVICE ANIMALS IN PLACES
> OF BUSINESS
> U.S. Department of Justice
> Civil Rights Division
> Disability Rights Section 7/96 1. Q. What are the laws
> that apply to my business? A. Under the Americans with
> Disabilities (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. "Seeing eye
> dogs" are one type of service animal, used by some
> individuals who are blind. This is the type of service animal
> most people are familiar with. 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 seeing
> eye 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 carrying 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 animals - 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 800-514-0301 (voice) or 800-514-0383 (TDD). FORWARDING
> AND DUPLICATION OF THIS DOCUMENT IS ENCOURAGED.
Respectfully, Mike C. Baker / Kihe Blackeagle / Amr ibn Majid al-Bakri
al-Amra
e-mail: KiheBard at hotmail.com
Buy my writings!: http://www.lulu.com/WizardsDen
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