Service Dogs OKW & ADA...complaint!

[livndisney]

No, it would be illegal discrimination for any hotel to require a disabled person to stay in a certain room or building. That is not equal access. Just like you wouldn't like it if they told you that you could stay only in one certain room (prob'ly one in a bad area) because of your allergies (although allergies aren't like disabilities, so it isn't really the exact same thing, just similar).
If you have allergies of any type, you can request an extra cleaning and ask them not to use harsh chemicals or whatnot if you cannot be around those.

No rooms at Disney allow pets - just some camping spots at Ft. Wilderness - so all rooms are pet-free.

I've never heard of anybody having an allergic reaction because there was an SD at one time in the room they were in.

Actually this is not quite true:
From the ADA FAQ:

The Americans with Disabilities Act (ADA) is a civil rights law that gives you the right to ask for changes where policies, practices or conditions exclude or disadvantage you. As of January 26, 1992, public entities and public accommodations must ensure that individuals with disabilities have full access to and equal enjoyment of all facilities, programs, goods and services.

The ADA borrows from Section 504 of the Rehabilitation Act of 1973. Section 504 prohibits discrimination on the basis of disability in employment and education in agencies, programs and services that receive federal money. The ADA extends many of the rights and duties of Section 504 to public accommodations such as restaurants, hotels, theaters, stores, doctors' offices, museums, private schools and child care programs. They must be readily accessible to and usable by individuals with disabilities. No one can be excluded or denied services just because he/she is disabled or based on ignorance, attitudes or stereotypes.


Q. Does the ADA apply to people with asthma and allergies?
A. Yes. In both the ADA and Section 504, a person with a disability is described as someone who has a physical or mental impairment that substantially limits one or more major life activities, or is regarded as having such impairments. Breathing, eating, working and going to school are "major life activities." Asthma and allergies are still considered disabilities under the ADA, even if symptoms are controlled by medication.

But as I said a SD trumps allergies.

 

[LauraVV]

if you have a legitimate right to the service dog and have something to prove it is a service dog (I would think even a letter from a veterinarian) why is this such a big deal?

Instead of spending time firing off letters I would spend the time asking my vet or the service organization for a letter that I could flash if the service dog is ever questioned. Are such questions a violation of the ADA? Probably. But in the end are you really harmed by showing a letter that says it is a legitimate service dog? And if it prevents even one person from bringing the family dog (or snake?) and passing it off as a service animal isn't it worth the trouble?

We have two service dogs in our household. They came from an agency that provides us with an ID for the team (dog and handler). But, really, this is meaningless. How in the world would my vet know that these dogs are service dogs unless I told him? Why would he want to write a letter that states the dogs are service dogs? He didn't train them and can only go on my word.

Service dogs in the US are not required to be trained by an agency. What about those who didn't use an agency?

You can purchase "proof" that your dog is a service animal online. Anyone with a home computer could write a "vet" letter and sign it. The thing is this: these types of proof don't help you, don't prevent fakers, and make it more difficult for the guy who comes after you, the guy with the very well trained service dog who doesn't carry paperwork with him.

We've shown paperwork only one time. That was when our daughter's school didn't let her take her dog with her to school. We went to the Attorney General's office and they asked for an MD note, her agency ID, vet records, and a note from the agency saying that the dog was safe around children. We did all that even though it wasn't required by ADA because school access is different from public access. It's a bit different when the Attorney General's office asks for these things since they, presumably, would be better able to spot the fakers.

I think that the availability of online service dog IDs has made the fakers have an easier time of it. I, for one, am not going to make it easier for them.

 

[LauraVV]

Is there a special building/floor at each Disney resort for service animals? I'm assuming Disney keeps track of which rooms have been occupied by a service animal? Does someone with severe pet dander allergies need to request a pet free room?

Service animals are not pets. They don't put service animals in one spot. When we were there in late January we didn't see any other SDs other than our two. They cannot make those with SDs go to one spot just as they cannot make anyone with a w/c go to only one spot. A person with an allergy severe enough to require accommodations (and therefore be covered by ADA) would be likely to react to dander on the clothing/luggage of those with dogs at home.

The rooms are cleaned daily and cleaned well once the SD leaves the resort.

 

[SueM in MN]

This is a link to the Service Dog information page for businesses from the Department of Justice:
"Service animals are animals that are individually trained to perform
tasks for people with disabilities – such as guiding people who are
blind, alerting people who are deaf, pulling wheelchairs, alerting and
protecting a person who is having a seizure, or performing other special
tasks. Service animals are working animals, not pets."
"Businesses may ask if an animal is a service animal or ask what tasks the animal has been trained to perform, but cannot require special ID cards for the animal or ask about the person’s disability.
• Violators of the ADA can be required to pay money damages and penalties. "

Also, someone who has allergies that are severe enough to interfere with their ability to breath would come under the ADA. (Breathing is one of the life activities that fall under the ADA).

 

[Ms_Butterfly]

I do not think that Orange (or Osceola) County Deputy Sheriffs are aware of any enforcement provisions of ADA, especially since it is a Federal law. And what would they do, drag the front desk clerk off to jail? Violation of ADA is civil, not criminal.

That is why I said that the Florida state laws make it illegal for a business to require certification/proof. They are nearly the exact same as the ADA, but for physical disabilities only and with SDITs also given access with their trainers. The police can and should enforce these state laws (as well as the state laws if anybody injures/kills or allows their animal/an animal they are in control of to injure/kill an SD).

Even when there are states without such laws to enforce, police can be (but aren't always!!) good mediators when it comes to the federal laws.

 

[Ms_Butterfly]

Q. Does the ADA apply to people with asthma and allergies?
A. Yes. In both the ADA and Section 504, a person with a disability is described as someone who has a physical or mental impairment that substantially limits one or more major life activities, or is regarded as having such impairments. Breathing, eating, working and going to school are "major life activities." Asthma and allergies are still considered disabilities under the ADA, even if symptoms are controlled by medication.

But as I said a SD trumps allergies.

That is ONLY if the asthma and/or allergies are SEVERE enough to qualify as a disability. Most allergies are not severe enough to be considered disabling (substantially limiting one or more major life activity), as some asthmas may not be considered disabling (perhaps - I don't know enough about asthma to really comment on them).

Also, current case law has really limited/deleted conditions that are well controlled by medication.

An SD does NOT trump allergies. If a person is disabled by allergies, both that person and the person with the SD MUST be accommodated/given access. For a restaurant, this could mean seating them on opposite sides/in opposite rooms. For an office waiting room, this could mean letting one or the other wait in another area/room. For some things like stores, most likely the two ppl would just work on avoiding each other as they shopped around instead of involve the store in the situation. If a person's allergies aren't disabling, they aren't covered under the ADA so aren't entitled to reasonable accommodations by law, but most businesses want their customers to be happy and, therefore, would do the same thing as above if the allergic customer wanted (but, again, most allergic ppl won't have a reaction or big reaction to an SD in a public place).

 

[Matt'sMom]

That is ONLY if the asthma and/or allergies are SEVERE enough to qualify as a disability. Most allergies are not severe enough to be considered disabling (substantially limiting one or more major life activity), as some asthmas may not be considered disabling (perhaps - I don't know enough about asthma to really comment on them).

You are correct. Asthma and allergies must be quite severe, before they are classified as a legitimate disability.

I have a form of asthma--but I am definitely not disabled by it. I do not even own an inhaler. My asthma presents more like a mild allergic reaction to a specific set of triggers. But it really does not limit my abilities or activities all that significantly. I also have several rather specific allergies (identified via extensive allergy testing). One of my allergies involves chickens. Yet I actually keep large numbers of poultry, and am able to handle them and clean the coops myself. I do not take any prescription meds for my allergies (don't really need to). So not a disability, in my case.

 

[disneynewman]

OKay okay! geez I just wanted to vent a little and get some first hand experience from others with SD. I have no idea how it got so involved
First thanks to everyone who has given me thier personal advice and experiences so that I can be better prepared and so that we can try to stop Disney from continuing this bad habit of asking this illegal question. (especially Beth )

Also I got my info yesterday from the Clearinghouse on Disability Information in Tallahassee, as far as the question about whether or not you can/should call local law enforcement, here is what they say:

What should a law enforcement officers do if called by an individual with a disability or a business related to a service animal issue?
1. Establish that the animal is a service animal by asking the individual
-Do you have a disability?
-Has the animal been individually trained to assist you becasue of your disability?
-What does the animal do for you?

2. If the answers to those questions satisfy tha the animal is a service animal, the rights of the individual with a disability need to be protected. Law enforcement officers should take such actions as are within his/her discretion to enforce Florida Statutes 413.08 and 413.081

ALSO
Any person that denies or interferes with admittance to, or enjoyment of, a public accomodation commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s.775.083

I looked up 775.082 and 775.083 which say:

775.082 For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days.

775.083 $500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation.

I do not want to ever have to call the police, I don't think anyone does, but if you are DENIED access you should.

Perhaps this thread could just stick to people who have experienced this problem or those of us who are preparing for the possibility of encountering such a problem. This all got a little heated when someone suggested that us mom's not protect the rights of our disabled kids, of course we are going to react to that...we are moms

Thanks again for everyones advice and SUPPORT

 

[Cheshire Figment]

I think that the original concerns have been answered, and both Sue and I have tried to calm things down and the thread has run its course.