is this legal about service dogs?

[sunnyday123]

The trouble is that you have those who will bring dogs just because it's fun or because they love having dogs around. Then you get those who don't like dogs or are afraid of them or are allergic. Then both sides get mad at each other and the thread disintegrates into arguing.

Oh wait, that's what always happens on the DIS. Maybe we could skip a few of these steps.

It's because we all eat HFCS in the morning.

 

[bicker]

Yes. But they can lie and they don't have to show any proof at all.

Correct. Some people won't like though, and so the act of just putting them in that position to answer the question whether the service dog is for a protected disability is sometimes enough to bring about the right result.

You should have the ability to enforce laws.

In most cases, that works out fine. In other cases, it is either unnecessary or counter-productive for important reasons. In the latter case, you balance the needs for the ability to enforce with the counter-productive impact. Sometimes, as in this case, the evaluation leads inevitably to the kind of situation we have here. And it isn't a mistake. It is a deliberate recognition that some priorities trump the desire to have a way of enforcing honesty.

You cannot rely on the honor system when so many people have no honor.

Yes you can. It isn't perfect, but nothing is.

 

[lovetoscrap]

My earlier post is from the Federal Register for September 15, 2010. The sections related to updating the ADA are final rules which take effect March 15, 2011 and are 194 pages long (Pages 56164 - 56358). And the pages use eight-point type and three colums wide. There is a lot to read. (I was on a transcontinental flight when I read it.) This is (will be) the law of the land and a state cannot modify it.

There is no body that officially certifies a service animal. The only two questions that may be asked are (1) Are you disabled? and (2) What service does the animal provide?

The only time a service animal may be excluded is (1) if the animal is not under control, such as barking, lunging, etc., or (2) If the safety of the animal or others may be at risk (such as in a roller coaster).

So if a business owner asks and the person says that Fluffy is their emotional support Pit Bull, seeing eye snake, attack turtle, or anxiety kitty then the animal can be denied access? I am guessing that the "emotional support" and "anxiety" animal are the most common reasons given for these small purse dogs.

When I was at WDW a few years ago a woman had a stroller with a blanket over it and lined up behind me for the back door of the bus. She said that they were service animals. I didn't see exactly what was in there but by the size and sound there were at least 2 small dogs (and I think maybe more) in the stroller. Why do you need more than one service animal to assist you? And how do they assist if in a stroller with a blanket over them? I saw her several times during the trip and they were always that way.

Does/Will WDW deny animal access to resorts and parks if they are told they are for emotional/anxiety reasons--especially after the new rules take effect?

 

[RitaE]

Emotional Support Animals do not meet the definition of a Service Animal under the current ADA definitions.

This appears to be the new language which will be in effect - which specifically excludes Emotional Support and Therapy Animals. Also note that the new definition specifically restricts the definition of a Service Animal to that of a dog, although there is some language further on which makes some specific exceptions for Miniature Horses provided they are housebroken and the business/public area in question are reasonably able to accommodate them and then safety of the general population is not at risk due to them (which I imagine is to include hygiene issues).

Attorney General Eric Holder recently signed amendments to Title II, 28 CFR Part 35 (Non-discrimination in State and Local Government Services) and Title III, 28 CFR Part 36 (Non-discrimination in Public Accommodations). Although there are many aspects of these amendments, one aspect of interest is that the amendments change and clarify the definition of “service animal.” The changes go a long way towards resolving the confusion that has existed in recent years regarding service animals.

The Title II and Title III statute amendments will be published in the Federal Register soon, and the amendments will take effect 6 months from the date of publication. The Department of Transportation will probably also modify its ADA-implementing regulation 49 CFR Part 37, although little change will be required. Other federal departments, or State or local governments, may establish more detailed regulations so long as they are not inconsistent with this regulation.

The following are excerpts from the provisions of Title II.

In Definitions:
“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.”

 

[walden]

So if a business owner asks and the person says that Fluffy is their emotional support Pit Bull, seeing eye snake, attack turtle, or anxiety kitty then the animal can be denied access? I am guessing that the "emotional support" and "anxiety" animal are the most common reasons given for these small purse dogs.

When I was at WDW a few years ago a woman had a stroller with a blanket over it and lined up behind me for the back door of the bus. She said that they were service animals. I didn't see exactly what was in there but by the size and sound there were at least 2 small dogs (and I think maybe more) in the stroller. Why do you need more than one service animal to assist you? And how do they assist if in a stroller with a blanket over them? I saw her several times during the trip and they were always that way.

Does/Will WDW deny animal access to resorts and parks if they are told they are for emotional/anxiety reasons--especially after the new rules take effect?

In the example you gave above -- no I cannot think of any reason on this green earth why someone would need more than one SD with them at WDW! One dog and one handler. She was pulling a fast one on WDW. Note, even if she argued that the second (or 3rd)dogs were SDITs (service dogs in training) an SDIT is not covered by the ADA. I can't stand people like that. They make me sick.

Does/Will WDW deny animal access to resorts and parks if they are told they are for emotional/

Yes, they should deny emotional support dogs like Fluffy access under the new more stringent rules. However, I think we need to be careful to distinguish between "emotional support" pet Fluffy and true *mental health issues that reach the level of disability covered under the ADA service dogs* and some anxiety disorders do reach that level.

Someone who suffers from say, PTSD, or who suffers from disabling panic attacks covered by the ADA, may have a dog that provides specific services that helps to ameliorate those conditions. I can think of a couple of specific services that would be appropriate, but don't want to post them publically because I can imagine Fluffy's owner reading here and getting ideas.

Someone posted the link to www.servicedogcentral.com above, but this is another site I like: http://pleasedontpetme.com/servicedogmyths.html

I use this site a lot when I explain the differences among Service Dogs, Therapy Dogs and emotional support dogs. I have to do that a lot because I volunteer with my therapy dogs.

For the record, I have Therapy Dogs who are well trained pets, certified by a Therapy Dog organization, volunteer by invitation only to provide emotional support to people in nursing homes and assisted living residences, provide no specific services to me because I am not disabled, and certainly do not get to go everywhere with me!