Sunday, June 15, 2008

Q & A Service Animal ~ Updated

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 800-514-0301 (voice) or 800-514-0383 (TDD).

July 1996, updated January 14, 2008

Wednesday, June 4, 2008

DOJ Proposed Amendments to Regulations Implementing ADA

The Department of Justice (DOJ) announced today its intent to solicit comment on proposed amendments to its regulations implementing Titles II and III of the Americans with Disabilities Act of 1990 (ADA). The proposed regulations will, for the first time, establish specific requirements for the design of accessible public facilities such as courtrooms and an array of recreation facilities making it easier for individuals with disabilities to travel, enjoy sports and leisure activities, play and otherwise participate in society. Read the complete text of the proposed changes.
This information has recently been updated, and can be accessed by visiting this link: http://www.disabilityinfo.gov/digov-public/public/DisplayPage.do?parentFolderId=218.


Service dog/animal section:

The Department wishes to clarify the obligations of public accommodations to accommodate individuals with disabilities who use service animals. The Department continues to receive a large number of complaints from individuals with service animals. It appears that many covered entities are confused regarding their obligations under the ADA with regard to individuals with disabilities who use service animals. At the same time, some individuals with impairments--who would not be covered as individuals with disabilities--are claiming that their animals are legitimate service animals, whether fraudulently or sincerely (albeit mistakenly), to gain access to hotels, restaurants, and other places of public accommodation. Another trend is the use of wild, exotic, or unusual species, many of which are untrained, as service animals. The Department is proposing amendments to its regulation on service animals in the hope of mitigating the apparent confusion. Minimal protection.In the Department’s ADA Business Brief on Service Animals, which was published in 2002, the Department interpreted the minimal protection language within the context of a seizure (i.e., alerting and protecting a person who is having a seizure). Although the Department received comments urging it to eliminate the minimal protection language, the Department continues to believe that it should retain the "providing minimal protection" language and interpret the language to exclude so-called "attack dogs" that pose a direct threat to others. Guidance on permissible service animals.In the original regulation implementing title III, "service animal" was defined as "any guide dog, signal dog, or other animal," and the Department believed, at the time, that leaving the species selection up to the discretion of the person with a disability was the best course of action. Due to the proliferation of animals used by individuals, including wild animals, the Department believes that this area needs some parameters. Therefore, the Department is proposing to eliminate certain species from coverage even if the other elements of the definition are satisfied. Comfort animals vs. psychiatric service animals.Under the Department’s present regulatory language, some individuals and entities have assumed that the requirement that service animals must be individually trained to do work or perform tasks excluded all individuals with mental disabilities from having service animals. Others have assumed that any person with a psychiatric condition whose pet provided comfort to them was covered by the ADA. The Department believes that psychiatric service animals that are trained to do work or perform a task (e.g., reminding its owner to take medicine) for individuals whose disability is covered by the ADA are protected by the Department’s present regulatory approach. Psychiatric service animals can be trained to perform a variety of tasks that assist individuals with disabilities to detect the onset of psychiatric episodes and ameliorate their effects. Tasks performed by psychiatric service animals may include reminding the handler to take medicine; providing safety checks, or room searches, or turning on lights for persons with Post Traumatic Stress Disorder; interrupting self-mutilation by persons with dissociative identity disorders; and keeping disoriented individuals from danger.
The Department is proposing new regulatory text in § 36.104 to formalize its position on emotional support/comfort animals, which is that "[a]nimals whose sole function is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, or promote emotional well-being are not service animals." The Department wishes to state, however, that the exclusion of emotional support animals from ADA coverage does not mean that individuals with psychiatric, cognitive, or mental disabilities cannot use service animals. The Department proposes specific regulatory text in § 36.104 to make this clear: "The term service animal includes individually trained animals that do work or perform tasks for the benefit of individuals with disabilities, including psychiatric, cognitive, and mental disabilities." This language simply clarifies the Department’s longstanding position and is not a new position.

The Department’s rule is based on the assumption that the title II and title III regulations govern a wider range of public settings than the settings that allow for emotional support animals. The Department recognizes, however, that there are situations not governed exclusively by the title II and title III regulations, particularly in the context of residential settings and employment, where there may be compelling reasons to permit the use of animals whose presence provides emotional support to a person with a disability. Accordingly, other federal agency regulations governing those situations may appropriately provide for increased access for animals other than service animals.

Modification in policies, practices, or procedures.The preamble to § 36.302 of the current title III regulation states that the regulatory language was intended to provide the "broadest feasible access" to individuals with service animals while acknowledging that, in rare circumstances, accommodating service animals may not be required if it would result in a fundamental alteration of the nature of the goods or services the public accommodation provides or the safe operation of the public accommodation. 56 FR 35544, 35565 (July 26, 1991). In order to clarify this provision, the Department is incorporating into the proposed regulation guidance that it has provided previously through technical assistance. Proposed training standards.The Department has always required that service animals be individually trained to do work or perform tasks for the benefit of an individual with a disability, but has never imposed any type of formal training requirements or certification process. While some groups have urged the Department to modify this position, the Department does not believe such a modification would serve the array of individuals with disabilities who use service animals. Detailed regulatory text changes and the Department’s response to public comments on these issues and others are discussed below in the definition section, § 36.104, and the section on modifications in policies, practices, and procedures, § 36.302(c).
http://www.ada.gov/NPRM2008/titleiii.htm#toc_11f

I am glad to see that they are not going to change and demand certification and ID's. Even though some groups have been trying to push this to happen. However this would minimize those that are truly training their own service dogs / animals. Though I do understand about the exotic animals as many shouldn't be taken out of their comfort zone. These proposals are for public comments right now so not only read but voice your opinion.

Monday, June 2, 2008

Good Day Members and Guests,

What a beautiful day it is today, the sun is shining and no clouds in the sky and my computer isn't playing tricks on me. lol! Wishing everybody is having an awesome day playing, teaching, or just taking a walk with their animals.

The reason for writing this is because I wanted to inform everybody that this blog is one of two official blogs for our forum: http://animalsspeak.org/ . The other ones name is: http://letstalkpetfoods.blogspot.com/

Here, our members as well as guests going to our forum will be informed when there are some issues / problems with the boards performance. As many of you have notice in the passed few weeks that our board has been on a sluggish stage at various times of day to the point of not even been able to get the home page up. Unfortunately from our forums techies the problems lie with the server / provider. Recently they were moving many of the communities to a new cluster in hopes to resolve these issues. Sorry for any inconvenience that it may have caused.

Also do not forget to read on our blogs other stuff as well. LOL. Some of the stuff here will not be on the forum itself. (eg my flyer)! Service Animals ~ What You Need to Know! It's under the category Who Are They! Along with the Summery of the ADA, State (in general, and FHA Laws! I have given out over 1,000 of these flyer's since the year 2001! Most of the time it's for educational purposes! Only on occasion have I had to give one or two out because of access discrimination in which it was resolved in no time.

So sit back, kick off your shoes, have a cup of tea or something stronger and enjoy reading. Don't forget to comment if you choose and please remember to pop over to our sister blog http://letstalkpetfoods.blogspot.com/ as well as our forum http://www.animalsspeak.org/ .

Thursday, May 15, 2008

Plants and our dogs!

Interesting subject line you may ask! Maybe not! LOL. Either way I thought it would be a great idea to talk about such things as plants. Most importantly those that are poisonous.

How many of us actually think about plants? No not what ones we would like to plant in front of our homes, or have in a vase or even a planter box! I am talking about when we are out and about shopping!

Are we aware of such things! Making sure that are service animals are not up close and personal! Although if they are like my dogs they may still love to take a sniff or two when passing on by. Smelling the aroma! Nevertheless the danger is still there, especially when in a garden shop as I was the other day as people do not think about having these plants not be at child level! That is our furbabies! lol.

Yes I was out shopping for planting in my front yard and like all my dogs from the pass sniffing is always there! Lol!

I cannot tell all the time what one plant is verses anther plant so I must always be totally in tune with my sd's so that I know what they are doing or maybe even thinking, even though they should never grab things there are always that chance as dogs think on their own and at times get visited by the brain fairy! lol.

So below is just a few plants that we should watch out for:

17 Most- Poisonous Plants
Amaryllis Common garden plants popular around Easter, Amaryllis species contain toxins that can cause vomiting, depression, diarrhea, abdominal pain, hypersalivation, anorexia and tremors.

Autumn Crocus Ingestion of Colchicum autumnale by pets can result in oral irritation, bloody vomiting, diarrhea, shock, multi-organ damage and bone marrow suppression.

Azalea/Rhododendron Members of the Rhododenron spp. contain substances known as grayantoxins, which can produce vomiting, drooling, diarrhea, weakness and depression of the central nervous system in animals. Severe azalea poisoning could ultimately lead to coma and death from cardiovascular collapse.

English Ivy Also called branching ivy, glacier ivy, needlepoint ivy, sweetheart ivy and California ivy, Hedera helix contains triterpenoid saponins that, should pets ingest, can result in vomiting, abdominal pain, hypersalivation and diarrhea.

Lilies Members of the Lilium spp. are considered to be highly toxic to cats. While the poisonous component has not yet been identified, it is clear that with even ingestions of very small amounts of the plant, severe kidney damage could result.

For a more complete listing please visit:
Poisonous Plants

While your there check out the other boards there for it has lots of interesting stories, articles and information.

Tuesday, May 13, 2008

Assistance / Service Animals

Service Animals also known as Assistance Animals, are dogs or other animals that are individually trained whether from an established training facility, a professional private trainer, or by a individual handler. These wonderful animals though commonly used dogs may come from a breeder, donated by a private individual or from a rescue league. This special training allows the disabled population to depend more completely on themselves. Other types of animals used are Mini Horses - mobility, guides (Guide Horse Foundation in 1999). Monkeys - Mobility (Helping Hands placed Hellion, the 1st monkey helper in 1979), Cats and even Pigs -Medical Alert / Respond, Psychiatric just to name a few.

Service Animal Chat: Register Here

Monday, May 12, 2008

Dog Guides


Guide Dogs were the first type of service animals in the community. Guide Dogs also known as Dog Guides were used back in the late 1920’s for WWI Veterans in Germany. An American living in Europe at the time, Dorothy Eustis, brought that concept to this country, and with the valuable assistance of Morris Frank (blind) – founder of the Seeing Eye Inc. and Jack Humphries.

The Seeing Eye Inc. was the first formalized dog guide program of its type in the USA. These dogs are trained to assist those with visual impairments in navigating around obstacles (low and high) and crossing busy streets.

The most common breeds at the time were German Shepherds, Golden Retrievers and Labrador Retrievers. Nevertheless over the years since the role of the canine in aiding individuals with disabilities has expanded the use of these Service Animals also expanded whether a person has a physical or mental disability (visual or invisible disability).

Service dogs may be any breed, size or colour. They might sometimes wear identifying equipment such as a harness, backpack, cape or a special collar and leash.

Service Animal Chat: Register Here

Sunday, May 11, 2008

Hearing Dogs


Signal / Hearing Dogs were trained forty years later when a deaf lady approached Agnes McGrath, a dog trainer, at a kennel in White Bear Lake and with the help of the local Lions, Agnes trained the first six hearing dogs in Minnesota.

The International Hearing Dog Inc. was the first in training dogs to alert those with a hearing impairment to various sounds such as a baby cry, a telephone ringing, a doorbell, knock at the door, the person’s name, beepers, alarms including smoke alarms, sirens, etc. as well as various traffic sounds.

Because of the quality of its program, IHDI was chosen to provide training for Japan’s first hearing dog program. More than 1 in a half million of the 23 million deaf or hard of hearing (H.O.H) individuals in the USA and Canada could benefit from such a dog.

Service Animal Chat : Register Here

Saturday, May 10, 2008

Mobility Animals

Mobility also known as Brace Animals are trained to assist those with Parkinson, Muscular Dystrophy, Multiple Sclerosis, Cerebral Palsy, Congenital Abnormalities, or any person with a balance issue to increase ones independent living skills. Whether be using a wheelchair, crutches, canes or a walker. The work of such animals may include pulling, carrying objects either by backpacks or carting, picking up dropped items, opening doors, turning on or off lights, stabilizing a person either from a seated position or standing. This also includes preventing a fall or assisting in recovering from such.

Parkinson dogs are one of the most recent service animals used. They're taught mostly to help their partner mobility by stepping on their partners foot. This in turns will all their partner to become more stable so they will be able to move once again.


Service Animal Chat: Register Here

Friday, May 9, 2008

Medical Alert Respond Animals

Some of the common titles of Medical alert / respond Animals are Diabetic, Seizure, and Psychiatric just to name a few.

The first Seizure Alert Dog was introduced in the late 1980's. Seizure Alert Animals are especially helpful for people who have drop seizures, which occur without warning and often cause injury. They are trained, to respond during and / or after such episodes, corresponding to the titles mentioned above.

These Animals are taught specialized behaviors based on the type of seizure their owner experiences. (e.g. picking up medicine, opening doors for emergency help, summon help, retrieving a phone or calling 911.) But most importantly for individuals with convulsions, which are sometimes violent in nature, these wonderful animals help get their partner safely to the ground to prevent injury. This maybe taught by tugging on a sleeve or pants, licking ones hand or laying his / her head on their partners lap, etc.

Many of these wonderful animals also have the natural ability to alert to oncoming medical disorders such as a seizure as far as 1 hour before hand.

Scientist cannot agree as to why this natural phenomenon happens. Some have stated that it's because an animal may sense or smell the change in body chemistry of a person. Others says its just an unknown reason. Whatever the case may be these animals have the ability to alert!

Service Animals Chat : Register Here

Thursday, May 8, 2008

Psychiatric Animals

Although it is not clear, possibly in the late 1990's, when the first Psychiatric Service Animal (ie dog) came to play. Nevertheless these service animals are taught to assist those with severe mental disabilities. The various types of conditions are but not limited to: Major Depressive Disorder, Bipolar (a.k.a. Manic Depression Disorder), Post Traumatic Stress Disorder (PTSD), Anxiety Disorder (a.k.a. Panic Attack Disorder), Autism, Severe Depression and Schizophrenia.

These individuals carry with them a risk of losing consciousness due to hyperventilation. Therefore Psychiatric Service Animals are taught to relentlessly wake their handler by nipping, licking, or even heavy breathing in the individuals face or ear. They also are taught to retrieve items, being focused on their handlers due to memory loss, brace / counter-balancing due to dizziness and or weakness from medication side effects, find keys and phones as well as other items and call 911 in case of an emergency! They also are taught to interrupt repetitive behaviours while trying to keep the individual calm in stressful situations that maybe normal for others. (eg paranoia or hallucinations). The list goes on as many tasks are similar to other types of Service Animals! This depends on an individuals needs.These wonderful Animals are also considered as a Medical Alert-Respond Animal due to the similarity of their tasks.

In today society there are other types of Psychiatric animals (i.e cats, monkeys, etc.) that provides the same benefits and assistance to individuals with mental disabilities (ie invisible disabilities).

Service Animal Chat: Register Here

Wednesday, May 7, 2008

Service Animals ~ That's Who !

All of these Animals are confident, friendly, intelligent, and enjoy working. The most meaningful characteristic of a good service animal is to Intelligently Disobey when a situation poses a danger.

The training whether be school, private trainers or owner-training consists of three stages: 1. Puppy (12 - 15 months Basics and Socialization), 2. Formal Task Training (4 - 6 months). This is a more intense training period which would consist of fine tuning as it were for the individuals needs. 3. Continuing Bonding, Growing, and Training in which all handlers should do for their needs will continue to change and so will the need to teach new tasks or modify the old ones.

Today there are approximately 20,000 service dogs / Animals working in the USA alone with the numbers rising in the next decade. This awakens ones appreciation of existence more than seeing someone who would otherwise have little or no hope of making a significant contribution to life; able to go to work, to live alone and to truly feel and be a part of ones community.



Service Animal Chat: Register Here

Service Animal Etiquette


Service~Assistance Animals / Dogs and Dogs in Training have special rules. Please remember that all working service animals are allowed in public and in some places dogs in training have protected access also. Some things that will help service Animal handlers and / or trainers including puppy raisers are:

DO’S AND DON’TS



Please Do Not talk to the dog or call its name or make any animal noises such as meowing, barking or kissing noises. (don’t distract a working animal in any way.)

Do allow the Assistance Animal and the individual to work as a team without any distractions.

Never offer food or toys to a service animal. This may cause digestive and / or behavior problems. They have their own special diet and time. Nor pet the animal without permission first from the handler, nor send children to pet a service animal.. Never tell children service dog bites.

Do speak to the person and not to their dog when greeting an Service Animal Team.
Do Not interfere with the handler, he or she is trained to humanely correct their dog when a mistake has been made.



Do understand that releasing their dog to greet might distract the dogs attentiveness to their partner.


Do Not be insulted if touching the Service Animal is Not Allowed.







We Thank You!!!



Service Animals Chat: Register Here

Summery of the ADA, State & FHA Laws

ADA Rules & Regulations:
Regarding Service Animals!!
The Federal Civil Rights Law, ADA, defines a service animal as any animal that is individually trained to perform tasks to benefit an individual with a disability (the disabilities might not be visible) (Title III 4.2300).
The Americans with Disabilities Act (ADA) 28, Code of Federal Regulations, Part 36, Section 36,104 & Sections 36.302, guarantees a person who is disabled the legal right to be accompanied by a service animal in all areas opened to the general public.
The ADA prevails over any Conflicting State / Local Laws, or those Laws that provide lesser protection against discrimination. Public accommodations ARE NOT PEMITTED to Require any Type of Identification or Certification of Status to be shown (Title III 4.1300).
For more information contact: ADA Home
Add One's Local and State Laws!!!
There are some State and Local Statutes that has some additional benefits pertaining to Service Dogs! (eg Service dog in training; Emotional Support Dogs, etc.) Unfortunately they do not have additional set rules when it comes to other types of Animals!
Fair Housing Act:
Federal Register Part III
(24 CFR PART 5)
Pg. 2-43: Sec. 6: Some individuals with handicaps may use an assistive animals. Pg. 2-57: Examples of Prohibited Actions: Owners and their Representatives are prohibited from *Preventing a tenant from using assistive devices, auxiliary alarms or guides. (504 & FHA) Pg. 4-10 & 4-14: Pet ownership in housing for the elderly or handicapped: (b) Service Animals that assist persons with disabilities are considered to be auxiliary aids and are exempt from the pet policy and from the refundable pet deposit.
(24 CFR 100)
3. Assistive Animals... (update 2007-12-28) Assistive animals are animals that serve as a reasonable accommodation for persons with disabilities by assisting those individuals in some identifiable way by making it possible for them to make more effective use of their housing. Such animals are often referred to as "service animals, assistive animals, support animals, or therapeutic animals” and may include any animal that actually performs tasks or a service for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with hearing impairments to intruders or sounds, pulling a wheelchair, fetching items or providing emotional support to persons with mental disabilities. Regular pet policies do not apply to assistive animals...
For More Information Contact: Fair Housing Act
Service Animal Chat: Register Here