UPDATE to Air Access Carrier Act (AACA) 2008
Subpart H. Services on Aircraft. § 382.117.
Must carriers permit passengers with a disability to travel with service animals?
Code of Federal Regulations Currentness. Title 14. Aeronautics and Space. Chapter II. Office of the Secretary, Department of Transportation (Aviation Proceedings). Subchapter D. Special Regulations. Part 382. Nondiscrimination on the Basis of Disability in Air Travel. Subpart H. Services on Aircraft. § 382.117 Must carriers permit passengers with a disability to travel with service animals?
(a) As a carrier, you must permit a service animal to accompany a passenger with a disability.
(1) You must not deny transportation to a service animal on the basis that its carriage may offend or annoy carrier personnel or persons traveling on the aircraft.
(2) On a flight segment scheduled to take 8 hours or more, you may, as a condition of permitting a service animal to travel in the cabin, require the passenger using the service animal to provide documentation that the animal will not need to relieve itself on the flight or that the animal can relieve itself in a way that does not create a health or sanitation issue on the flight.
(b) You must permit the service animal to accompany the passenger with a disability at any seat in which the passenger sits, unless the animal obstructs an aisle or other area that must remain unobstructed to facilitate an emergency evacuation.
(c) If a service animal cannot be accommodated at the seat location of the passenger with a disability who is using the animal, you must offer the passenger the opportunity to move with the animal to another seat location, if present on the aircraft, where the animal can be accommodated.
(d) As evidence that an animal is a service animal, you must accept identification cards, other written documentation, presence of harnesses, tags, or the credible verbal assurances of a qualified individual with a disability using the animal.
(e) If a passenger seeks to travel with an animal that is used as an emotional support or psychiatric service animal, you are not required to accept the animal for transportation in the cabin unless the passenger provides you current documentation (i.e., no older than one year from the date of the passenger's scheduled initial flight) on the letterhead of a licensed mental health professional (e.g., psychiatrist, psychologist, licensed clinical social worker) stating the following:
(1) The passenger has a mental or emotional disability recognized in the Diagnostic and Statistical Manual of Mental Disorders--Fourth Edition (DSM IV);
(2) The passenger needs the emotional support or psychiatric service animal as an accommodation for air travel and/or for activity at the passenger's destination;
(3) The individual providing the assessment is a licensed mental health professional, and the passenger is under his or her professional care; and
(4) The date and type of the mental health professional's license and the state or other jurisdiction in which it was issued.
(f) You are never required to accommodate certain unusual service animals (e.g., snakes, other reptiles, ferrets, rodents, and spiders) as service animals in the cabin. With respect to other unusual or exotic animals that are presented as service animals (e.g., miniature horses, pigs, monkeys), as a U.S. carrier you must determine whether any factors preclude their traveling in the cabin as service animals (e.g., whether the animal is too large or heavy to be accommodated in the cabin, whether the animal would pose a direct threat to the health or safety of others, whether it would cause a significant disruption of cabin service, whether it would be prohibited from entering a foreign country that is the flight's destination). If no such factors preclude the animal from traveling in the cabin, you must permit it to do so. As a foreign carrier, you are not required to carry service animals other than dogs.
(g) Whenever you decide not to accept an animal as a service animal, you must explain the reason for your decision to the passenger and document it in writing. A copy of the explanation must be provided to the passenger either at the airport, or within 10 calendar days of the incident.
(h) You must promptly take all steps necessary to comply with foreign regulations (e.g., animal health regulations) needed to permit the legal transportation of a passenger's service animal from the U.S. into a foreign airport.
(i) Guidance concerning the carriage of service animals generally is found in the preamble of this rule. Guidance on the steps necessary to legally transport service animals on flights from the U.S. into the United Kingdom is found in 72 FR 8268-8277, (February 26, 2007).
SOURCE: 73 FR 27665, May 13, 2008, unless otherwise noted.
AUTHORITY: 49 U.S.C. 41705.
TSA Information for When Traveling with a Service dog.
TSA Information for when Travel with a Service Dog:
The following is the latest information from the TSA's website (tsa.gov/servicedogs):
Note: All prices in US Dollars
Americans with Disabilities Act 2010
"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."
Changes implemented as of March 15, 2011
The Americans with Disabilities Act (ADA) issued regulations in 1991 to permit the use of a service animals in public. This required modifications in policies in such places as restaurants, hotels, retail establishments, theaters and concert halls. In short, this meant that service animals accompanying persons with disabilities had to be admitted in places that otherwise had policies excluding pets or other animals.
At that time, 20 years ago, most service animals were "seeing eye" dogs that assisted visually impaired individuals. For the most part, guide dogs for the blind were highly-trained, unlikely to create a nuisance or a sanitary problem and to sighted individuals, were obviously providing service to their visually impaired handler. Over time, not only did the function of service animals expand to include assistance for a variety of both visible and invisible disabilities, so too did the number of species being used by people in the name of service. These included pigs, cats, horses,monkeys, snakes, lizards, birds and rodents.
As more and more people were using more and more animals in the context of service work, it became apparent that some changes were necessary. The proliferation of service animals in public settings, some whose poor manners posed obvious problems in public in terms of safety, sanitation and disturbance of others, was becoming a hot button issue for proprietors of retail businesses.
Until now, however, retailers were largely powerless to bar these types of animals from their establishments.
The U.S. Justice Department has issued new regulations effective March 15,2011. Not only will these new regulations substantially limit the types of animals that will qualify as service animals under the ADA to dogs (and miniature horses in some cases), but they help clarify the different definitions and legal entitlements between service dogs and emotional support dogs.
Service dogs' tasks include the following examples:
* assisting sight-impaired persons with navigation or other tasks;
* alerting hearing-impaired persons to the presence of people or sounds;
* providing non-violent protection or rescue work;
* pulling a wheelchair;
* assisting an individual during a seizure;
* alerting an individual to the presence of allergens;
* retrieving items such as medicine or the telephone;
* providing physical support /assistance with balance and stability to individuals with mobility impairments; and
* helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.
Emotional Support Dogs (ESD) are dogs who provide emotional support, well-being, comfort, or companionship. Wonderful qualities, for sure, but they do not constitute task specific functions and so, under these new definitions, are NOT service dogs. In short, animals that provide only comfort or emotional support for their owners will no longer qualify as service animals.
For a dog to qualify as a psychiatric service dog (PSD) for an owner with a psychiatric disability under the new regulations, the dog must be trained to perform specific work or tasks. Examples include reminding the handler to take medicine, providing safety checks or room searches for persons with Posttraumatic Stress Disorder (PTSD), interrupting self-mutilation, and removing disoriented individuals from dangerous situations. If a dog is used to "ground" a person with a psychiatric disorder, this qualifies as a service animal if the dog has been trained 1) to recognize that a person is about to have a psychiatric episode, and 2) to respond by nudging, barking or removing the person to a safe location until the episode subside. Moreover, service dogs do qualify for a tax deduction in the eyes of the IRS. You can can determine how much of a deduction you qualify for by using a tax calculator to figure it out. Note that dogs trained to provide aggressive protection (i.e., attack dogs) will NOT qualify as a service dog.
Other important highlights of the new law:
Dog must be under control of handler and show appropriate manners (housebroken, in control and unless prohibitive to function, on a harness, leash or other tether).
If an individual with a disability is asked to remove a service animal from the premises if the animal is neither housebroken or in control, the person with a disability must still be permitted to access the establishment's goods, services or accommodations without the animal being present.
Public accommodation is not responsible for the care or supervision of a service animal.
As to the nature or extent of a person's disability, the public may make 2 inquiries to determine whether the animal qualifies as a service animal (but expected not to if by observation it is obvious the dog is providing function):
1) it may ask if the animal is required because of a disability, and
2) what work or task the animal has been trained to perform.
The public may NOT require documentation, such as proof that the animal has been certified, trained or licensed as a service animal. Nor may a public accommodation require a person with a disability to pay a surcharge for a service animal, even if it applies such a surcharge for pets.
Note that these Federal Laws do NOT apply to landlords or airlines. These entities are governed by the Fair Housing Act and the Air Carrier Access Act, respectively.
In sum, these new regulations give long-needed clarity to hotels, restaurants, retailers and other public accommodations regarding which animals must be allowed as service animals, and under what circumstances.
This important information should be on hand for anyone interested in keeping current on Federal regulations as they pertain to service dogs.
American with Disabilties Act
Section that deals with Service animals
Americans with Disabilities Act
ADA Business BRIEF: Service Animals
For over 75 years, assistance dogs have worked successfully in public and won the public's acceptance by achieving high behavioral and training standards, which set them apart from pets and other animals.
In order to assure the comfort and safety of people with disabilities AND the general public, high behavioral and training standards must apply equally to all service animals. We suggest that all service animals intended for use in public, regardless of species, be required to meet the same standards required of dogs specifically trained to assist people with disabilities. We are not proposing to disallow other species from service work. Any animal that can meet the existing standards for behavior, training, cleanliness and public appropriateness may be allowed to work in public when accompanied by the person for who's disability it was specifically trained.
These standards include:
Service (or assistance) dogs are dogs used to help a person with a disability. Guide dogs for the blind are one kind of service dog as are hearing dogs and mobility dogs. Service dogs can be used for many disabilities both visible and hidden, physical or pychiatric. Service dogs enable their disabled partners to live a more fullfilling and normal life. Service dogs may be aquired from an agency that trains them for such a purpose or the disabled individual may select and train their own (or pay someone to train them). There is no special breed that must be used though Labradors,German Shepherds and Golden Retrievers are many agencies favorites- but as long as they are of suitable temperment and physical/mental ability and can do the job, they may be a service dog. Lets look at what the law says concerning service dogs. To use a service dog the very first test is that the person must be disabled. This is what the law says-
"(2) Disability.--The term "disability" means, with respect to an individual-- (A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment. "Here is some further guidence on this-
"Physical or mental impairment. Under the first test, an individual must have a physical or mental impairment. As explained in paragraph (1)(i) of the definition, "impairment" means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs (which would include speech organs that are not respiratory such as vocal cords, soft palate, tongue, etc.); respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine. It also means any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. This list closely tracks the one used in the regulations for section 504 of the Rehabilitation Act of 1973 (see, e.g., 45 CFR 84.3(j)(2)(i)).
"Test 1- Substantial limitation of a major life activity. Under Test A, the impairment must be one that "substantially limits a major life activity." Major life activities include such things as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. A person is considered an individual with a disability for purposes of Test A, the first prong of the definition, when the individual's important life activities are restricted as to the conditions, manner, or duration under which they can be performed in comparison to most people. A person with a minor, trivial impairment, such as a simple infected finger, is not impaired in a major life activity. A person who can walk for 10 miles continuously is not substantially limited in walking merely because, on the eleventh mile, he or she begins to experience pain, because most people would not be able to walk eleven miles without experiencing some discomfort The question of whether a temporary impairment is a disability must be resolved on a case-by-case basis, taking into consideration both the duration (or expected duration) of the impairment and the extent to which it actually limits a major life activity of the affected individual. The question of whether a person has a disability should be assessed without regard to the availability of mitigating measures, such as reasonable modifications or auxiliary aids and services. For example, a person with hearing loss is substantially limited in the major life activity of hearing, even though the loss may be improved through the use of a hearing aid. Likewise, persons with impairments, such as epilepsy or diabetes, that substantially limit a major life activity, are covered under the first prong of the definition of disability, even if the effects of the impairment are controlled by medication.
Test 2 -- A record of such an impairment This test is intended to cover those who have a record of an impairment. As explained in paragraph (3) of the rule's definition of disability, this includes a person who has a history of an impairment that substantially limited a major life activity, such as someone who has recovered from an impairment. It also includes persons who have been misclassified as having an impairment. This provision is included in the definition in part to protect individuals who have recovered from a physical or mental impairment that previously substantially limited them in a major life activity. Discrimination on the basis of such a past impairment is prohibited. Frequently occurring examples of the first group (those who have a history of an impairment) are persons with histories of mental or emotional illness, heart disease, or cancer; examples of the second group (those who have been misclassified as having an impairment) are persons who have been misclassified as having mental retardation or mental illness.
Test 3 -- Being regarded as having such an impairment This test, as contained in paragraph (4) of the definition, is intended to cover persons who are treated by a public entity as having a physical or mental impairment that substantially limits a major life activity. It applies when a person is treated as if he or she has an impairment that substantially limits a major life activity, regardless of whether that person has an impairment.
So we see who is allowed to use a service dog in the first place- regardless of age or any other factors other then those stated, but this is not enough, now we must look to the dog. This is what the law says about the dog itself-
Sec.36.104 Definitions Service animal means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.
As we see, an animal must be individually trained to do work or perform tasks for the benefit of an individual with a disability. Individually trained, all agree, must include obediance training so that the dog behaves appropriately in public settings. This is a test that many agencies use to test the readiness of a dog for public access situations- I recommend that a person training their own dog, train it to these standards. Also some use the CGC (Canine Good Citizen)to test their dogs and It is also recommend this test as a guide. As for specific tasks to help a person with their disability, that is up to the agency and/or the disabled individual but the animal MUST be "trained to do work or perform tasks for the benefit of an individual with a disability" so there must be some kind of work or tasks beyond the obediance in my opinion, obediance is an important part but in my opinion not enough. Certification by any person, state, government or agency is NOT required for access, but may be for special privilages over and beyond what the ADA allows.
There are several federal laws which protect the right of a disabled individual to be accompanied by a service dog (see the list to the left)), as for service dogs in training, there is no federal protection. Whether or not a state allows for a service dog in training is up to the state itself. Other animals beyond dogs MAY be used as long as they are individually trained to assist their disabled owner. It is similarly a federal crime to fraudulantly represent yourself as a disabled individual (or working on a disabled individuals behalf)to gain access with an animal trained or not.
There are several states which have penal regulations which prescribe it illegal and a penalty for interferring with or harming a service animal which can include fines and/or jail time. It is also a felony under the existing rules to steal a service dog as a basically trained service dog that is fully ready for public access is worth far over the misdemeanor level as far as monetary worth goes- akin to stealing a car.
Any advice to those who wish to train their own dogs- It is advisable to first document that you are disabled by whatever means possible (dr, social security, therapists) the more, the better. Identify what your symptoms are and how your dog helps with those...or make a strategic plan on what tasks you plan to train your dog. Know the laws concerning service dogs and make sure you are following them. A letter from a dr (or other healthcare professional) stating your need for a service dog is most helpful...
Types of Assistance Dogs
Service Dog - Assistant Dog that can perform a variety of tasks such as retrieve items, open doors, help a person dress, or push buttons for its handler. Service Dog is a general term that can be used for many types of assistance dogs.
Guide Dog – Assistant Dog that assists an individual that has a vision impairment.
Mobility Dog – Assistant Dog may retrieve items, open doors or even push buttons for its handler. Also, this Service Animal may assist people with disabilities with walking, balance and transferring from place to place.
Hearing Dog – Assistant Dog that will alert its handler with a hearing loss to sounds. This can be telephone, door bell, smoke alarm, crying baby and more.
Seizure Alert Dog - Assistant Dog that alerts its handler to oncoming seizures and is trained to respond to that seizures. (Can be known as Medical Alert Dog)
Seizure Response Dog – Assistance Dog that responds to its handler after a seizure has occurred by helping and or getting help from others.
Medical Alert Dog – Assistant Dog that is trained to alert to oncoming medical conditions, or attend its handler in the event of heart attack, stroke, diabetes, epilepsy, etc.
Autism Service Dog – Assistance Dog that is trained to alert its handler of certain behaviors so that the handler may keep these behaviors to a minimum. This dog provides stability and the dog’s presence offers a calming influence and provides focus. Abstract and concrete thinking advance, focus improves, and the length of attention span increases. The important role of an autism service dog is affording the individual more independence and autonomy, helping those individuals become a viable part of the community.
Psychiatric Service Dog: Assistant dog that works with a handler that has a mental disability. Some types of tasks could be to attend a handler who may need a dog to be able to go out in public (agoraphobic), or a handler who suffers from . panic attacks, anxiety attack, PTS (post traumatic stress) or other mental disorders. These dogs are trained NEVER to leave their handler's side
PUBLIC PLACES Federal and Wisconsin State Laws
Federal Law - The Americans with Disabilities Act (1990)
Section 36.302(c) of the Americans with Disabilities Act requires public accommodations generally to modify policies, practices, and procedures to accommodate the use of service
animals in places of public accommodation.
Service animal means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to
guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair or fetching dropped items.
NOTE: Nothing in this Section requires a public accommodation to supervise or care for a service animal.
Place of public accommodation means a facility, operated by a private entity, whose operations affect commerce and fall within at least one of the following categories:
Places of lodging
Establishments serving food or drink
Places of exhibition or entertainment
Places of public gathering
Sales or rental establishments
Stations used for specified public transportation
Places of public display or collection
Places of recreation
Places of education
Social service center establishments
Places of exercise or recreation
Places that are NOT covered under the ADA and to whom you would need to discuss bringing your Service Dog:
_ Religious entity: Section 36.102(e) of the rule states that the rule does not apply to any religious entity. The ADA's exemption of religious organizations and religious entities controlled by religious organizations is very broad, encompassing a wide variety of situations. Religious organizations and entities controlled by religious organizations have no obligations under the ADA. Even when a religious organization carries out activities that would otherwise make it a public accommodation, the religious organization is exempt from ADA coverage. Thus, if a church itself operates a day care center, a nursing home, a private school, or a diocesan school system, the operations of the center, home, school, or schools would not be subject to the requirements of the ADA or this part. The religious entity would not lose its exemption merely because the services provided were open to the general public. The test is whether the church or other religious organization operates the public accommodation, not which individuals receive the public accommodation's services.
Religious entities that are controlled by religious organizations are also exempt from the ADA's requirements. Many religious organizations in the United States use lay boards and other secular or corporate mechanisms to operate schools and an array of social services. The use of a lay board or other mechanism does not itself remove the ADA's religious exemption. Thus, a parochial school, having religious doctrine in its curriculum
and sponsored by a religious order, could be exempt either as a religious organization or as an entity controlled by a religious organization, even if it has a lay board. The test remains a factual one -- whether the church or other religious organization controls the operations of the school or of the service or whether the school or service is itself a religious organization.
When a church rents meeting space, which is not a place of worship, to a local community group or to a private, independent day care center, the ADA applies to the activities of the local community group and day care center if a lease exists and consideration is paid.
Private Club: Private clubs are exempt from the ADA. However, consistent with title II of the Civil Rights Act (42 U.S.C. 2000a(e), a private club is considered a public accommodation to the extent that "the facilities of such establishment are made available to the customers or patrons'' of a place of public accommodation. Thus, if a private club runs a day care center that is open exclusively to its own members, the club, like the church in the example above, would have no responsibility for compliance with the ADA. Nor would the day care center have any responsibilities because it is part of the private club exempt from the ADA.
On the other hand, if the private club rents to a day care center that is open to the public, then the private club would have the same obligations as any other public accommodation that functions as a landlord with respect to compliance with title III within the day care center. In such a situation, both the private club that "leases to'' a public accommodation and the public accommodation lessee (the day care center) would be subject to the ADA. This same principle would apply if the private club were to rent to, for example, a bar association, which is not generally a public accommodation but which, as explained above, becomes a public accommodation when it leases space for a conference.
Wisconsin State Laws:
Wisconsin State Statute 174.055 Exemptions of dogs for blind, deaf, and mobility impaired:
Every dog specially trained to lead blind or deaf persons or to provide support for mobilityimpaired persons is exempt from the dog license tax and every person owning such a dog shall receive annually a free dog license from the local collecting officer upon application.
Wisconsin Act 353 Any person who recklessly or intentionally
• interferes with the use a service dog by obstructing or intimidating it,
• allows his or her dog to interfere with a service dog,
• injures a service dog or causes the death of a service dog, is guilty of a Class A or B misdemeanor OR of a Class I felony – depending on which item he or she has violated.
Wisconsin Act 354
• Allows a person to be asked whether the animal is a service dog that is required because of a disability,
• prohibits a person with a disability from being required to produce documentation of his or her disability or a certification or other credential that the dog is trained to be a service dog,
• may not charge a person with a disability accompanied by a service dog a higher price than the regular rate, including a deposit or surcharge.
Housing - Federal Fair Housing Amendments Act
The Federal Fair Housing Amendments Act is the law that most often helps to provide the guidance necessary to answer the questions that arise about service animals in housing. Advice about individual circumstances and about the legal interpretation of the Fair Housing Act can be obtained from the local Housing and Urban Development (HUD) office.
ACCESS RIGHTS OF PEOPLE WITH DISABILITIES AND THEIR SERVICE ANIMALS-New York State.
Although these are guidelines in NY state-Your state may be different. Your State may not have as clearly defined laws. You must check with your individual state laws. Generally States Attorney's General offices are a great place to find out this information.
This is intended to be a great source of info for people with all service dogs.
FYI: This is a guideline only for the purposes of education and a resouces guide and Juggernaut enterprises LLC and/or www.things4yourdog.com is not liable for any information that is not up to date or incorrect.
People with disabilities use -- and have a right to use -- the same facilities and services used by those without current disabilities; use of a service animal almost never limits that right.
This is intended to provide a communal, accurate source of information for (1) people who use or train service animals, (2) those managing or employed by places of public accommodation (including both private and governmental entities), and (3) police officers and others responsible for enforcing the rights of people with disabilities who are using service animals and of those people who train such animals.
To find the legal obligations that apply to a particular establishment, refer to the list of types of public accommodations at the end of the listing. That list uses categories from the Americans with Disabilities Act (ADA) to direct the reader to pages setting forth rights and responsibilities applicable to each type of location or service not only under the ADA, but also other Federal, State and City laws recognizing and protecting rights of people with disabilities in a wide variety of contexts. While each law has its own parameters, we have stated the "bottom line" law with respect to establishments within New York City. In most instances, the statements are applicable throughout New York State. Of course, the material does not limit the actual statutes, regulations, or governmental technical assistance materials.
This is not offered as legal advice and should not be relied upon for particular matters without the independent advice of counsel qualified in these issues. For counsel refer to your local bar association.
MESSAGE TO MANAGERS AND EMPLOYEES OF PUBLIC
It is unlawful to discriminate against a person who is enjoying or seeking to enjoy a place of public accommodation (including a public entity) solely because that person has a disability and is accompanied by a guide dog, hearing dog, or other service animal. Americans with Disabilities Act 42 U.S.C. �12101 et seq.; 28 C.F.R. Part 35 and Part 36, �36.302(c)(1); 49 U.S.C. �41705; NY Civil Rights Law �47; NY Executive (Human Rights) Law �296(14); NY Transportation Law �147; and NYC Admin. Code (Human Rights) �8-102(4) and (18), and �8-107.4 and �8-107.15; 56 Regulations of the City of New York ("RCNY") (Department of Parks and Recreation) �1-04.
Not all disabilities that require the use of service animals are visible. Many are hidden, such as epilepsy, heart disease, lung disease and those that are of a psychological/emotional origin. A person with a disability is not required to give you any verbal or written confirmation to establish his/her disability. The animal used need not be formally trained to perform as a service animal. 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.
If you have any doubt that your entity qualifies as a place of public accommodation to which a service animal has access, consult the index at the back of the pamphlet. City and State Human Rights laws do not have an "exclusive" list of entities or services, so these are merely examples.
A SERVICE ANIMAL IS NOT A PET
A person with a disability who is accompanied by a service animal may keep the service animal in his/her immediate custody. NY Civil Rights Law �47-b(1). The service animal is admitted without charge. NY Civil Rights Law �47-b(2).
A disabled individual needs his/her service to benefit from a particular service and, therefore, should not be separated from the animal. Such separation adversely impacts on the overall ability of an individual with a disability to use places of public accommodation. Furthermore, separation not only impairs, but may destroy, the relationship between the individual and the service animal since a service animal regards such separation as punishment.
Under New York Law, a service dog must be in a harness or on a leash but need not be muzzled. NY Civil Rights Law �47-b(4). 1 Moreover, a service animal need not be secured in a kennel or other container when being transported in a taxi. 35 RCNY (Taxi and Limousine Commission) �2-50(e)(7).
A person with a disability who is accompanied by a service animal is not required to show proof that the animal is a service animal. Some, but not all, service animals wear special collars or harnesses. For example, guide dogs used by persons with vision impairments typically wear harnesses that enhance their ability to guide the person. Some, but not all, service animals are licensed and certified and have identification papers.
ROLE OF POLICE OFFICERS
It will most likely be the police officer to whom a person with a service animal will turn in the first instance when s/he is refused access to a public accommodation, as when a taxi driver refuses to provide transportation to a person with a disability accompanied by a service animal, or a restaurateur refuses to seat and serve a person with a service animal.
Prompt police action upholding the rights of people with disabilities can make the difference as to whether these individuals can enjoy these rights.
People with disabilities throughout the United States are able to function safely, independently, and efficiently with the assistance of trained service animals. They can travel to and from employment, social engagements, and recreational activities; they can perform daily errands and other activities using mass transit and other modes of transportation. The fact that they perform these tasks accompanied by service animals does not complicate the functioning of public accommodations involved. However because of misinformation or unfamiliarity with the law, individuals accompanied by service animals are often denied entry to or service from public accommodations.
The Americans with Disabilities Act was designed to end such discrimination and is nearly a decade old. New York State and New York City laws also recognize the rights of people with disabilities.
While the person who is refused service or access may later file a complaint with the appropriate authority, a police officer's immediate intervention and education will often remedy the situation and provide the best solution to all involved.
TYPES OF PUBLIC ACCOMMODATIONS
The following segments describe the particular types of public accommodations (including both public and private sector entities and services). Where appropriate, examples are provided to demonstrate how the general principles apply to the specific type of public accommodation.
FOOD OR DRINKING ESTABLISHMENTS
A food or drinking establishment includes, but is not limited to, a restaurant, bar or brewery.
For example, a brewery was directed to modify its rules to permit a service dog to accompany a visually impaired visitor in its hospitality room, a food or drinking establishment. Johnson v. Gambrinus Co./Spoetzel Brewery, 116 F.3d 1052 (5th Cir. 1997); and a restaurant was required to permit access to an individual with muscular dystrophy utilizing a wheelchair and a service dog. Flores v. Villerose, Inc., 1996 U.S. Dist. LEXIS 11171, 5 Am. Disabilities Cas. (BNA) 1672.
PLACES OF DISPLAY OR COLLECTION
A place of display or collection is a facility where objects are displayed for viewing. For example, a brewery was directed to modify its rules to permit service dog to accompany visually impaired visitor on the public tour of an exhibit in its manufacturing facility. Johnson v. Gambrinus Co./Spoetzel Brewery, 116 F.3d 1052 (5th Cir. 1997). Places of display or collection include a museum, library or gallery.
PLACES OF EXERCISE
A place of exercise includes, but is not limited to, a gymnasium, health spa, bowling alley, golf course, skating rink, shooting gallery, bath house and swimming pool, billiard hall and pool parlor, tennis court or beach.
PLACES OF EXHIBITION OR ENTERTAINMENT
A place of exhibition or entertainment includes, but is not limited to, a theater, concert hall, sports facility, motion picture house, stadium, music hall or airdrome.
The New York City Commission on Human Rights secured a settlement of $7000 from the operator of a movie theater for a would-be customer who had been denied admission when she appeared with her guide dog. Silver v. Loew's Theater Management Corp., complaint No. FH05022388DN (1989).
PLACES OF LODGING
A place of lodging includes, but is not limited to, a hotel, inn, motel or trailer camp.
PLACES OF PUBLIC GATHERING
A place of public gathering includes, but is not limited to, an auditorium, convention center or lecture hall.
PLACES OF RECREATION
A place of recreation includes, but is not limited to, a park, park building, amusement park, playground, zoo, bathing facility, picnic area, swimming pool, tennis court, beach, casino, race course, flea market or fair ground.
SOCIAL SERVICE CENTER ESTABLISHMENTS
A place of social service includes, but is not limited to, a day care center, senior citizen center, homeless shelter, battered women's shelter, food bank or
PUBLIC AND PRIVATE TRANSPORTATION
A public or private transportation facility includes, but is not limited to, taxi, bus, subway, train, boat, airplane and all other public conveyances operated on land, on water or in the air offered for public use. Terminals, depots and stations are also included.
Air carriers must permit a service animal to accompany a passenger with a disability on the flight in any seat to which the individual is assigned, unless the animal obstructs an aisle or other area that must remain unobstructed in order to facilitate an emergency evacuation. If a service animal cannot be accommodated at the seat of a passenger with a disability, the carrier shall offer the passenger the opportunity to move with the animal to any seat location where the animal can be accommodated, if present on the aircraft, as an alternative to requiring that the animal travel with checked baggage. 14 C.F.R. �382.55(a); Air Carriers Access Act 49 U.S.C. �41705.
A driver of a transportation service cannot refuse to transport a passenger with a disability and his/her service animal where the trip was prearranged and the destination is within the City of New York. 35 RCNY (Taxi and Limousine Commission) �4-08.
A taxi driver cannot refuse to transport a passenger with a disability who is accompanied by a service animal to any destination within the City of New York, the counties of Westchester and Nassau, or Newark Airport. 35 RCNY (Taxi and Limousine Commission) �2-50(b).
SALES OR RENTAL ESTABLISHMENTS
A sales or rental establishment includes, but is not limited to, a grocery store or bodega, clothing store, hardware store, bakery, shopping center, ice cream parlor, bookstore, car rental establishment, pet store, video rental store or jewelry store.
A service establishment includes, but is not limited to, a laundromat, dry cleaner and other cleaning establishment, bank, barber shop, beauty shop, shoe repair service, travel service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of health care provider, hospital, dispensary or clinic.
A person with disabilities, although not permitted in the delivery room of a hospital, may permitted in the hall of a hospital, hospital cafeteria and other public places of a hospital. See Perino v. St. Vincent's Medical Center of Staten Island, 132 Misc.2d 20 (Sup. Ct. NY Co. 1986)
GENERALLY APPLICABLE PENALTIES
Penalties for violations of these rights can be substantial. There are a variety of administrative and judicial remedies that can result in civil and criminal sanctions.
A complaint may be filed on behalf of the aggrieved individual with the New York City Commission on Human Rights (CCHR). The CCHR may seek up to $50,000 in civil penalties (up to $100,000 for willful, wanton or malicious acts) NYC Admin. Code (Human Rights) �8-126. Where the CCHR finds a pattern or practice of discrimination, the City may institute a further action for civil penalties not to exceed $250,000 (independent of damages or penalties recovered in other proceedings on the same facts). NYC Admin. Code �8-402). Any person failing to comply with a CCHR order (including conciliation agreements) is liable for an additional civil penalty of up to $50,000, in addition to being assessed $100 per day while the violation continues. NYC Admin. Code (Human Rights) �8-124. In addition, a willful violation of CCHR orders or other obstruction is a misdemeanor, punishable by a fine of not more than $10,000 and/or imprisonment for not more than one year. NYC Admin. Code �8-129.
A private right of action is available under the CCHR, including the harassment provisions. Compensatory and punitive damages, as well as injunctive and other relief, are available. A prevailing party may recover costs and attorneys' fees. NYC Admin. Code (Human Rights) �8-120 thorough 8-124; NY Civil Rights Law �40-c and �47-d.; Americans with Disabilities Act 42 U.S.C. �12101 et seq.; 28 C.F.R. �36.501 to 36.505.
A violation of the New York City Taxi and Limousine Commission regulations can be redressed by a complaint filed with that agency. Violations may be penalized by a fine not to exceed $350 for the first offense or not to exceed $500 for subsequent offenses, as well as suspension or revocation of the operator's license in appropriate circumstances. 35 RCNY (Taxi and Limousine Commission) �2-87.
In addition, a willful violation of the State Civil Rights Law where there is a pattern or practice of discrimination can be prosecuted as a class A misdemeanor punishable by a criminal fine of not more than $1,000 and/or imprisonment for not more than one year; NY Civil Rights Law �40d and �47-c; or as a violation punishable by a criminal fine of not more than $250 and/or imprisonment for not more than 15 days. NY Civil Rights Law �40d and �47-c.
U.S. Department of Justice Rules on Assistance Dogs to Become Stricter March 15, 2011 MARCH 11, 2011 · POSTED IN AMERICANS WITH DISABILITIES ACT,
ASSISTANCE DOGS James J. McDonald, Jr., managing partner, Fisher & Phillips, LLP wrote a good summary about the March 15 changes impacting U.S. assistance dogs. His summary is listed below. It’s long but I found it to be very informative.
Regulations issued in 1991 following the enactment of the Americans with Disabilities Act required that public accommodations (which include restaurants, hotels, retail establishments, theaters, and concert halls) modify their policies, practices, or procedures to permit the use of a service animal by an individual with a disability. Essentially this means that service animals accompanying persons with disabilities have to be admitted to establishments with policies that otherwise exclude pets or other animals. When the ADA was enacted, most service animals were “seeing-eye” dogs that assisted blind or sight-impaired persons. In most cases, these dogs were highly trained and, because of their extensive training, were not likely to create a nuisance or a sanitary problem. Over time, however, a variety of species came to be characterized by their owners as service animals, including pigs, horses, monkeys, snakes, lizards, birds, and rodents. Also, dogs and other animals that merely provide emotional comfort to their owners also have been characterized as service animals.
This proliferation of creatures claimed to be service animals has posed obvious problems for many restaurants and hotels in terms of safety, sanitation, and disturbance of other guests. Until now, however, proprietors were largely powerless to bar these types of animals from their establishments. The U.S. Department of Justice has issued new regulations effective March 15, 2011, however, which will substantially limit the types of animals that will qualify as service animals under the ADA. First, only dogs (and miniature horses in some cases) will qualify as service animals under the new regulations. “Other species of animals, whether wild or domestic, trained or untrained,” will not qualify. The new regulations, however, do not place limits on breed or size of dog. Second, the dog must be “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.” The regulations go on to state that the work or tasks performed by the service animal must be directly related to the handler’s disability. Examples of work or tasks set forth in the regulations include: a. Assisting sight-impaired persons with navigation or other tasks b. Alerting hearing-impaired persons to the presence of people or sounds c. Providing nonviolent protection or rescue work d. Pulling a wheelchair e. Assisting an individual during a seizure f. Alerting an individual to the presence of allergens g. Retrieving items such as medicine or the telephone h. Providing physical support and assistance with balance and stability to individuals with mobility impairments i. Helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors Under the new regulations, the mere “provision of emotional support, well-being, comfort, or companionship does not constitute work or tasks” for purposes of the definition of service animal. Thus, animals that provide only comfort or emotional support for their owners will no longer qualify as service animals. For a dog to qualify as a service animal to an owner with a psychiatric disability under the new regulations, the dog must be trained to perform specific work or tasks. Examples given in the guidance accompanying the new regulations of tasks performed by psychiatric service animals include reminding the handler to take medicine, providing safety checks or room searches for persons with posttraumatic stress disorder, interrupting self-mutilation, and removing disoriented individuals from dangerous situations. The guidance also states that a dog that is used to “ground” a person with a psychiatric disorder will qualify as a service animal if the dog has been trained: (1) to recognize that a person is about to have a psychiatric episode and (2) to respond by nudging, barking or removing the person to a safe location until the episode subsides.
The new regulations additionally clarify that “attack dogs” trained to provide aggressive protection of their owners will not qualify as service animals. The crime-deterrent effect of a dog’s presence, by itself, does not qualify as “work” or “tasks” for purposes of the service animal definition. The new regulations also formalize prior Justice Department technical assistance addressing the use and handling of service animals. The regulations provide that a public accommodation may ask an individual with a disability to remove a service animal from the premises if the animal is not housebroken, or if the animal is out of control, and the animal’s handler does not take effective action to control it. (Ordinarily, the regulations state, a service animal shall have a harness, leash, or other tether, unless the person with a disability is unable to use a harness, leash, or tether or the use of such a device would interfere with the animal’s ability to perform its work or tasks.) If a service animal is removed for any of these reasons, the person with a disability must still be permitted to access the establishment’s goods, services, or accommodations without the animal being present. The regulations also confirm that a public accommodation is not responsible for the care or supervision of a service animal.
The regulations provide that a public accommodation may not ask about the nature or extent of a person’s disability, but that it generally may make two inquiries to determine whether an animal qualifies as a service animal; it may ask: (1) if the animal is required because of a disability, and (2) what work or task the animal has been trained to perform. These inquiries may not be made, however, when it is readily apparent that the animal is a service animal, such as where a guide dog is guiding a blind person or a dog is pulling a wheelchair. Furthermore, a public accommodation may not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Nor may a public accommodation require a person with a disability to pay a surcharge for a service animal, even if it applies such a surcharge for pets.
These regulations will not apply to landlords or airlines, which are governed by the Fair Housing Act and the Air Carrier Access Act, respectively. It is also not yet clear that these regulations, and particularly the definition of a service animal, will be applied by courts to cases brought under Title I of the ADA which covers employment. A good argument may be made, based on existing case law, that a stricter standard would apply under Title I. Unlike under Title III, where a dog must be allowed onto the premises if it qualifies as a service animal and does not leave a mess or cause a serious disturbance, an employee under Title I of the ADA is entitled only to such accommodations as are necessary to enable him or her to perform the essential functions of the job. An employee, therefore, will likely need to show that the presence of a service animal is needed for the employee to be able to perform his or her essential job duties. An animal that provides only comfort or emotional support to an employee, but that is not needed in order for the employee to be able to work, will not likely qualify as a reasonable accommodation under Title I of the ADA. These new regulations give long-needed clarity to hotels, restaurants, retailers, and other public accommodations regarding which animals must be allowed as service animals, and under what circumstances. No longer will these establishments need to allow patrons to bring exotic, dangerous, disruptive, or unsanitary animals with them as purported “service animals.”
James J. McDonald, Jr. is managing partner of the Irvine, Calif. office of the national labor and employment law firm Fisher & Phillips LLP (www.laborlawyers.com).
28 code of Federal Regulations (CFR) Part 36 Sections 36.104 and 36.302
Areas open to the general public: A public accommodation shall modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability in any area open to the general public. Areas not open to the general public: In areas not open to the general public, a public accommodation shall modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability. If the modification would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodation offered or provided by the public accommodation, or if the policies, practices, or procedures are necessary for safe operation, the use of a service animal may be denied.
The Civil Rights Division of the US Department of Justice has issued the following:
July 26, 1996
The Civil Rights Division of the U.S. Department of Justice and the National Association of Attorneys General have formed a Disability Rights Task Force to promote and protect the rights of individuals with disabilities.
We have found that many businesses across the country have prohibited individuals with disabilities who use service animals from entering their premises, in many instances because of ignorance or confusion about the animal's appropriate use. This document provides specific information about the legal requirements regarding individuals with disabilities who use service animals. It was prepared by the Task Force to assist businesses in complying voluntarily with the Americans with Disabilities Act and applicable state laws.
Twenty-four state attorneys general* are distributing a similar document (including state specific requirements) to associations representing restaurants, hotels and motels, and retailers for dissemination to their members.
We encourage you to share this document with businesses and people with disabilities and their families in your community.
Deval L. Patrick
Assistant Attorney General
Civil Rights Division
U.S. Department of Justice
State of Massachusetts
President, National Assoc. of Attorney General
* Alaska, Arizona, California, Connecticut, Florida, Hawaii, Illinois, Iowa, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New York, North Carolina, North Dakota, Ohio, Pennsylvania, Rhode Island, South Dakota, Washington, and Wisconsin.
According to IRS Publication 17, "Guide dogs or other animals aiding the blind, deaf, and disabled" qualify as a medical expense. You will have to itemize your deductions.
You can include buying, training, and maintaining a guide dog or other service animal to assist a visually-impaired or hearing-impaired person, or a person with other physical disabilities.
Look at Page 8 or IRS Publication 502
"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." (emphasis added)
We have developed equipment and training gear for Autism Service Dog Teams. Some of the items are: Neoprene Handles for those with sensory issues, Identification Vests and Harnesses, Medical Information ID's, and training gear.
Autism is a neural disorder in the development of the brain. This affects and impairs social interaction, communication, and abstract thought. Autism affects how the brain processes information by altering how nerve cells connect and organize thoughts. Autism typically appears within the first three years of life.
|ADA & Federal Law Information CardThis item is a basic ADA information card and we have added the US Federal Law to this card. This Federal Law will help to cover those who are using airline service. This is not a personalized ID Badge. This card gives a basic short overview of the ADA access. This is a laminated information card that is handy to carry in your wallet or pocket book|
|Package of 30 ADA/FAA Service Dog CardsThis item is for a package of 30 cards with the ADA and FAA contact and access information printed on them. They are printed on both sides and are printed in color. Each package of cards comes in a zip-lock reusable bag. These cards are printed on card stock paper and are not laminated.|
|Package of 30 Therapy Dog CardsThis item is for a package of 30 cards for those who do the wonderful Therapy Dog work. You will receive 30 assorted cards that say Therapy Dog on the front and on the back it has a place for you to write your dogs and your name should you choose. These are lovely colorful printed cards the size of a business card. Each package of cards comes in a zip-lock reusable bag.|