By:
Julie M. Shaw
Julie M. Shaw
Since
the civil rights passage of the American with Disabilities Act (ADA) in 1990,
the use of service animals continues to escalate and despite the numerous
service animal schools across the nation, demand far exceeds availability. Being the creative creature that mankind is;
there have been some unexpected, yet entertaining, interpretations of what a
service animal is and does. There has been such a creative response to the use
of service animals; the Department of Justice released updated rulemaking on
the use of service animals which became effective March 15, 2012. The new regulations clearly defines and
provides a boundary for future interpretations of the law.
the civil rights passage of the American with Disabilities Act (ADA) in 1990,
the use of service animals continues to escalate and despite the numerous
service animal schools across the nation, demand far exceeds availability. Being the creative creature that mankind is;
there have been some unexpected, yet entertaining, interpretations of what a
service animal is and does. There has been such a creative response to the use
of service animals; the Department of Justice released updated rulemaking on
the use of service animals which became effective March 15, 2012. The new regulations clearly defines and
provides a boundary for future interpretations of the law.
The Department of Justice (DOJ) defined a service
animal as only a dog or miniature horse
specifically trained to mitigate the individual’s disability. I know what you’re thinking. Miniature Horse? Really??
More about that later.
animal as only a dog or miniature horse
specifically trained to mitigate the individual’s disability. I know what you’re thinking. Miniature Horse? Really??
More about that later.
Gone now are the birds, monkeys, service snakes, “phoo
phoo” dogs that ride in strollers, costumed animals that pose for pictures, and
more. Some of these were creative
responses to the law, or ignorance, and unfortunately the rest of the zoo was
an effort to take advantage of a civil right for individuals with
disabilities. And yes, I am sad to say,
all of the examples came from the State of Florida!
phoo” dogs that ride in strollers, costumed animals that pose for pictures, and
more. Some of these were creative
responses to the law, or ignorance, and unfortunately the rest of the zoo was
an effort to take advantage of a civil right for individuals with
disabilities. And yes, I am sad to say,
all of the examples came from the State of Florida!
The only animals that are now allowed in public facilities
and programs as service animals are those who are individually trained to
mitigate the disability or perform a task specific to the disability. But we need to be clear; companion dogs,
emotional support dogs and pets are NOT service animals. Look again.
They are spelled differently!
and programs as service animals are those who are individually trained to
mitigate the disability or perform a task specific to the disability. But we need to be clear; companion dogs,
emotional support dogs and pets are NOT service animals. Look again.
They are spelled differently!
Assistance Animals, Emotional Support Animals, Companion
Animals and pets belong at home and not in public facilities unless the program
is designed to include animals. These
types of animals provide comfort merely by their presence. They do not perform
a task to assist specifically to the needs of the person with a
disability. If the animal is NOT
specifically trained to perform a task to mitigate a disability; then IT IS NOT
A SERVICE ANIMAL! Did anybody hear me? Do I need to shout it from a mountain top?
With DOJ’s new regulations – hopefully not!
But the ADA does not limit the broader definition of assistance animals
found in the federal Fair housing Act (for housing), and the Air Carrier Access
Act (for airline travel).
Animals and pets belong at home and not in public facilities unless the program
is designed to include animals. These
types of animals provide comfort merely by their presence. They do not perform
a task to assist specifically to the needs of the person with a
disability. If the animal is NOT
specifically trained to perform a task to mitigate a disability; then IT IS NOT
A SERVICE ANIMAL! Did anybody hear me? Do I need to shout it from a mountain top?
With DOJ’s new regulations – hopefully not!
But the ADA does not limit the broader definition of assistance animals
found in the federal Fair housing Act (for housing), and the Air Carrier Access
Act (for airline travel).
As promised, the long awaited clarification on the
miniature horses. In addition to the provisions about service
dogs, DOJ also revised ADA regulations to have a new, separate provision about
miniature horses that have been individually trained to do work or perform
tasks for people with disabilities. (Miniature horses generally range in
height from 24 inches to 34 inches measured to the shoulders and generally
weigh between 70 and 100 pounds.) Just
as we breed certain types of dogs to be guide dogs or service animals,
miniature horse are also bred in America.
They are no larger than a German Sheppard dog.
miniature horses. In addition to the provisions about service
dogs, DOJ also revised ADA regulations to have a new, separate provision about
miniature horses that have been individually trained to do work or perform
tasks for people with disabilities. (Miniature horses generally range in
height from 24 inches to 34 inches measured to the shoulders and generally
weigh between 70 and 100 pounds.) Just
as we breed certain types of dogs to be guide dogs or service animals,
miniature horse are also bred in America.
They are no larger than a German Sheppard dog.
I do not believe Florida can take full credit for
the miniature horse provisions, but we have had 2 miniature horses in use by
individuals with disabilities in Florida.
One even rode the paratransit system outside of Jacksonville.
the miniature horse provisions, but we have had 2 miniature horses in use by
individuals with disabilities in Florida.
One even rode the paratransit system outside of Jacksonville.
Specific tasks service animals are trained to
perform are endless, but there are some common tasks most service animals are
trained to perform. Service animals are not required to come from
a licensed school nor are the owner required to carry any certification or
license. This is because the ADA allows
individuals with disabilities to individually train the animal to meet their
specific needs. That is why the
potential tasks a service animals can be trained to do are endless.
perform are endless, but there are some common tasks most service animals are
trained to perform. Service animals are not required to come from
a licensed school nor are the owner required to carry any certification or
license. This is because the ADA allows
individuals with disabilities to individually train the animal to meet their
specific needs. That is why the
potential tasks a service animals can be trained to do are endless.
Safety of the individual with a disability is one of
the primary reasons numerous tasks are performed by service animals in order for
the individual to live as independently as possible. It is important to clarify that an attack dog
or guard dog that is specifically trained for those purposes does not meet the
definition of a service animal.
the primary reasons numerous tasks are performed by service animals in order for
the individual to live as independently as possible. It is important to clarify that an attack dog
or guard dog that is specifically trained for those purposes does not meet the
definition of a service animal.
Some common tasks that service animals perform for a
person with a mobility or physical impairment can include, but are not limited
to the following: pulling someone in a
wheelchair, tugging off clothes, fetching an item or medicine, helping with
laundry, paying cashiers, opening and closing drawers and doors, turning on and
off lights, picking up items that are dropped, assisting with balance, and
more. For an individual who has a
hearing impairment or who is deaf, a service animal would commonly stop and
alert the owner whenever an item is dropped, alert the owner to any alarms,
knocks, or rings, and in the area of safety, alert the owner when the
individual is being approached from behind.
person with a mobility or physical impairment can include, but are not limited
to the following: pulling someone in a
wheelchair, tugging off clothes, fetching an item or medicine, helping with
laundry, paying cashiers, opening and closing drawers and doors, turning on and
off lights, picking up items that are dropped, assisting with balance, and
more. For an individual who has a
hearing impairment or who is deaf, a service animal would commonly stop and
alert the owner whenever an item is dropped, alert the owner to any alarms,
knocks, or rings, and in the area of safety, alert the owner when the
individual is being approached from behind.
For an individual who has seizures the service
animal is trained to detect a change in the body chemistry, make sure the
person is sitting or lying down in order to be safe during the seizure, provide
comfort during the seizure by laying the animal’s body against the individual,
lick the face or hand to provide a touch with reality, retrieve medicine, and
keep the individual safe during the seizure.
For psychiatric service animals, the animal is trained to divert the
attention of the individual with the disability and gain their focus in order
to deter a panic attack from occurring or to avoid a psychiatric episode. Sometimes, this task performed by a
psychiatric service animal can be interpreted incorrectly because the animal
may be trained to jump up in the air to get the owner’s attention.
animal is trained to detect a change in the body chemistry, make sure the
person is sitting or lying down in order to be safe during the seizure, provide
comfort during the seizure by laying the animal’s body against the individual,
lick the face or hand to provide a touch with reality, retrieve medicine, and
keep the individual safe during the seizure.
For psychiatric service animals, the animal is trained to divert the
attention of the individual with the disability and gain their focus in order
to deter a panic attack from occurring or to avoid a psychiatric episode. Sometimes, this task performed by a
psychiatric service animal can be interpreted incorrectly because the animal
may be trained to jump up in the air to get the owner’s attention.
Service animals carry emergency medications in their
vests specific to their owner’s condition such as seizure medication and
nitroglycerin. Some service animals are
trained to dial 911 on a specially designed phone.
vests specific to their owner’s condition such as seizure medication and
nitroglycerin. Some service animals are
trained to dial 911 on a specially designed phone.
Due to the increasing number of veterans returning
home from war with post traumatic stress syndrome (PTSD), service animal
requests for veterans to calm a veteran during an anxiety attack is at an all
time high. As a result, the veteran’s
administration is beginning to implement service animal programs and you may
have heard of the Wounded Warrior Projects that are also utilizing service
animals for a variety of disabilities, not just PTSD.
home from war with post traumatic stress syndrome (PTSD), service animal
requests for veterans to calm a veteran during an anxiety attack is at an all
time high. As a result, the veteran’s
administration is beginning to implement service animal programs and you may
have heard of the Wounded Warrior Projects that are also utilizing service
animals for a variety of disabilities, not just PTSD.
Animals such as guide dogs and miniature horses are
trained to guide visually impaired individuals around objects safely, maneuver
terrain changes and cross traffic safely.
Medical alert animals can be trained to alert another “target” person to
a medical condition during and after the condition occurs. Conditions can include but are not limited
to: heart conditions, diabetes, blood pressure problems, asthma problems or any
condition the dog is able to sense a change in the chemical actions of the
body. Service animals can also be
trained to bring medical items to the fallen person, such as a back pack worn
by the dog or items from the table, which contain medicines, needles, etc.
trained to guide visually impaired individuals around objects safely, maneuver
terrain changes and cross traffic safely.
Medical alert animals can be trained to alert another “target” person to
a medical condition during and after the condition occurs. Conditions can include but are not limited
to: heart conditions, diabetes, blood pressure problems, asthma problems or any
condition the dog is able to sense a change in the chemical actions of the
body. Service animals can also be
trained to bring medical items to the fallen person, such as a back pack worn
by the dog or items from the table, which contain medicines, needles, etc.
Safety is the key factor that can prevent an
individual with a disability from living in the community and pursuing their
own interests and desires. The use of
service animals has opened up a whole new world of opportunity for individuals
with disabilities and safety is the common thread regardless of the type of
disability or the task trained to perform.
individual with a disability from living in the community and pursuing their
own interests and desires. The use of
service animals has opened up a whole new world of opportunity for individuals
with disabilities and safety is the common thread regardless of the type of
disability or the task trained to perform.
Julie M. Shaw – Executive Director of disability Solutions
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