Proposed ADA changes
From Service Dog Training
Below I have copied the ADA's proposed new regulations on service dogs (per Title III). The text of the ADA is in the normal font, my comments are in bold.
Proposed changes to Title II can be found here, with commentary
Title III
Service animal means any dog or other common domestic 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 who are blind or have low vision, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing minimal protection or rescue work, pulling a wheelchair, fetching items, assisting an individual during a seizure, retrieving medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and assisting individuals, including those with cognitive disabilities, with navigation. (It's nice to see they've expanded their examples of tasks)
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.
The term service animal does not include wild animals (including nonhuman primates born in captivity), reptiles, rabbits, farm animals (including any breed of horse, miniature horse, pony, pig, or goat), ferrets, amphibians, and rodents. (Wow. This really took me by surprise. I'm a big fan of guide horses as an alternative to guide dogs for those that can't or prefer not to use a dog. Also, capuchin monkeys have been used for quite some time to assist people that don't have use of their hands or arms. A dog cannot provide this service. I expect the associations for guide horses and service monkeys to make their voices heard on this issue)
Animals whose sole function is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, or to promote emotional well-being are not service animals. (I'm glad to see this clarified. While any service animal can provide these functions, it cannot be the only function of the animal for it to qualify as a service animal)
(2) Exceptions. A public accommodation may ask an individual with a disability to remove a service animal from the premises if:
- (i) The animal is out of control and the animal's handler does not take effective action to control it;
- (ii) The animal is not housebroken or the animal's presence or behavior fundamentally alters the nature of the service the public accommodation provides (e.g., repeated barking during a live performance); or
- (iii) The animal poses a direct threat to the health or safety of others that cannot be eliminated by reasonable modifications.
(3) If an animal is properly excluded. If a place of accommodation properly excludes a service animal, it shall give the individual with a disability the opportunity to obtain goods, services, and accommodations without having the service animal on the premises.
4) General requirements. The work or tasks performed by a service animal shall be directly related to the handler's disability. A service animal that accompanies an individual with a disability into a place of public accommodation shall be individually trained to do work or perform a task, housebroken, and under the control of its handler. A service animal shall have a harness, leash, or other tether. ('It's a bit sad they needed to add the requirement that a service animal need to be housebroken. I'm glad to see the requirement for a tether of some type. I've read several cases lately where someone has had an off leash pet they claimed was a service animal)
(5) Care or supervision of service animals. A public accommodation is not responsible for caring for or supervising a service animal.
(6) Inquiries. A public accommodation shall not ask about the nature or extent of a person's disability, but can determine whether an animal qualifies as a service animal. For example, a public accommodation may ask if the animal is required because of a disability; and what work or task the animal has been trained to perform. A public accommodation shall not require documentation, such as proof that the animal has been certified or licensed as a service animal. (This makes the infamous "third question" actually a part of the ADA and not just part of the Business Brief.)
(7) Access to areas open to the public, program participants, and invitees. Individuals with disabilities who are accompanied by service animals may access all areas of a place of public accommodation where members of the public, program participants, and invitees are allowed to go.
(8) Fees or surcharges. A public accommodation shall not ask or require an individual with a disability to post a deposit, pay a fee or surcharge, or comply with other requirements not generally applicable to other patrons as a condition of permitting a service animal to accompany its handler in a place of public accommodation, even if people accompanied by pets are required to do so. If a public accommodation normally charges its clients or customers for damage that they cause, a customer with a disability may be charged for damage caused by his or her service animal.
