[Steppes] FYI: Service Animals

[Mike C. Baker]

>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
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