BrianB (California)
Posts: 2,820
Posts: 2,820
Posted:
Not sure this got much coverage, but in July of 2010, the Department of Justice redefined "service animal" in the ADA regs as a trained DOG (and, in some cases, a miniature horse). period. Dog.
No more iguanas, snakes, parrots, cats, pigs, etc.. Also, the animal must be TRAINED to perform a certain task, or have a certain trained SKILL. So, it's no longer enough to say "it's a service animal" and claim ADA protection.
Under the new regs, the Americans with Disabilities Act defines a service animal as "a dog that is individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the persons disability."
FYI, emotional comfort and support or therapy animals (including dogs) are no longer "service animals".
The law applies to all businesses open to the public, including restaurants, hotels, grocery and department stores and theaters, as well as the government.
You are allowed to ask owners to two questions to assure the animals are legitimate helpers.
The law states:
In situations where it is not apparent that the dog is a service animal, a business may ask only two questions: 1) is the animal required because of a disability; and 2) what work or task has the animal been trained to perform?
No other inquiries about an individual's disability or the dog are permitted. Businesses cannot require proof of certification or medical documentation as a condition for entry.
Be aware that regulations covering emotional support animals for housing and airline access are different (ie, the fair housing act is NOT the ADA).
the best link I could find to the letter/change and the CFR is this: http://www.iaadp.org/doj-def-comments-Title-II-III-SA.html
No more iguanas, snakes, parrots, cats, pigs, etc.. Also, the animal must be TRAINED to perform a certain task, or have a certain trained SKILL. So, it's no longer enough to say "it's a service animal" and claim ADA protection.
Under the new regs, the Americans with Disabilities Act defines a service animal as "a dog that is individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the persons disability."
FYI, emotional comfort and support or therapy animals (including dogs) are no longer "service animals".
The law applies to all businesses open to the public, including restaurants, hotels, grocery and department stores and theaters, as well as the government.
You are allowed to ask owners to two questions to assure the animals are legitimate helpers.
The law states:
In situations where it is not apparent that the dog is a service animal, a business may ask only two questions: 1) is the animal required because of a disability; and 2) what work or task has the animal been trained to perform?
No other inquiries about an individual's disability or the dog are permitted. Businesses cannot require proof of certification or medical documentation as a condition for entry.
Be aware that regulations covering emotional support animals for housing and airline access are different (ie, the fair housing act is NOT the ADA).
the best link I could find to the letter/change and the CFR is this: http://www.iaadp.org/doj-def-comments-Title-II-III-SA.html