ANIMALS

 In the past, people with disabilities were severely discriminated against. Congress undertook to help people with disabilities by making it unlawful to discriminate against anyone with a disability. They created many Federal Laws protecting people with disabilities, and demanding that most public places abide by these rules. The goal was to allow disabled people the right to enjoying life, similarly  as non-disabled people. Buildings, parking lots, and new constructions must now comply with laws for handicapped accomodations. Today there are laws protecting people with disabilities that encompass all aspects of life, from education, to employment, housing, transportation, and leisure activities. No, these laws won’t take away your disability, and the laws aren’t perfect,  but it is helpful that they are there.

One of the main laws that started the move to help people with disabilities is The Americans with Disability Act (ADA) which became effective in 1990.The law was amended in 2008 clarifying many misconceptions of the original law. These laws are the backbone of protecting people with disabilities. The Department of Justice is responsible for putting out the Regulations for these laws. It is these Laws and the Regulations, and their by-products, that have helped people live better, less dependent lives,  more productive lives.

SERVICE DOGS:There are many tools available to people with disabilities to live more independently and with less discrimination. One of those is a Service Animal.  Animals can be trained to do amazing things for us. The list of how Service Animals are helping people grows every year. More and more people are receiving assistance from service dogs.

At the same time, more and more people are also using Emotional Support Animals. Emotional Support Animals are not the same as Service Dogs. Emotional Support Animals are not considered Service Animals under the Americans with Disabilities Act. There are other laws that address Emotional Support Animals. Allowances made for people with Service Animals are much greater than for people with Emotional Support Animals. Emotional Support Animals are NOT allowed to accompany their owners everywhere that a Service Dog is permitted to go.

SO WHAT’S THE CATCH? Yes, people with disabilities are given a lot of protection under the ADA law, however, to be protected, you must fulfill the requirements.The first requirement everyone has to meet is to be considered disabled under ADA law.   To be considered disabled, you must have have a qualified condition as outlined in the ADA and its regulations. This is a not a medical definition, but rather a legal definition, pertaining to this law. The Americans with Disabilities Act as Amended in 2009, clarifies a previous misconceived idea of how to define a disability, that even the Supreme Court was wrong about. The Amendment broaden the previous definition of disabilities stating that it was always Congress’ intention to have a more inclusive interpretation of the law.  According to the ADAA,  the standards The Supreme Court used for assessing if a person had a disability under ADA was too strict, and that more liberal application of the law was required.

HOW LIBERAL ARE WE TALKING ABOUT? Very liberal. For example, if a person has a qualifying impairment, that is alleviated with medication, the person would still be considered disabled. Or, if a person has a disease that is considered a disability, but the disease is in remission, the person is still protected under the ADA law for people with disabilities. There is an exception, such as vision that can be corrected with regular prescription glasses, would not be considered disabled. ADA’s own words are” The definition of “disability” shall be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA. “

WHAT’S ADA’S DEFINITION OF A DISABILITY?  The definition is pretty short and simple, but it pays to understand how it is interpreted.

A physical or mental impairment that substantially limits one or more of the major life activities of such individual.

Let’s break it down into components . There are 3 components to the definition.

1. it has to be an impairment
2. Define what substantially limits means
3. Define what major life activity is.

IMPAIRMENT

There’s a list with the type of conditions that are would be considered a disability. If you have an aliment on this list, it is a given that you will be considered to be impaired.

(A) Deafness substantially limits hearing;

(B) Blindness substantially limits seeing;

(C) Intellectual disability substantially limits brain function;

(D) Partially or completely missing limbs or mobility impairments requiring the use of a wheelchair substantially limit musculoskeletal function;

(E) Autism substantially limits brain function;

(F) Cancer substantially limits normal cell growth;

(G) Cerebral palsy substantially limits brain function;

(H) Diabetes substantially limits endocrine function;

(I) Epilepsy, muscular dystrophy, and multiple sclerosis each substantially limits neurological function;

(J) Human Immunodeficiency Virus (HIV) infection substantially limits immune function; and

(K) Major depressive disorder, bipolar disorder, post-traumatic stress disorder, traumatic brain injury, obsessive compulsive disorder, and schizophrenia each substantially limits brain function.

Just because an ailment is not on that list doesn’t mean it is not an impairment.

These are included as well:

Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine; or

(ii) Any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability.

(2) Physical or mental impairment includes, but is not limited to, contagious and noncontagious diseases and conditions such as the following: orthopedic, visual, speech and hearing impairments, and cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability, emotional illness, dyslexia and other specific learning disabilities, Attention Deficit Hyperactivity Disorder, Human Immunodeficiency Virus infection (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism.

DISABILITY DOES NOT INCLUDE:

Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;

(2) Compulsive gambling, kleptomania, or pyromania; or

(3) Psychoactive substance use disorders resulting from current illegal use of drugs.

SUBSTANTIALLY LIMITS

In determining whether an impairment substantially limits a major life activity, that means to look at the effects of the impairment without the remedial effects of:

1)medication, prosthetics, hearing aids, cochlear implants, mobility devises, oxygen therapy equipment, low-vision devices (excluding ordinary eyeglasses or contact lenses).

2) learned behavioral or adaptive neurological modifications

3)reasonable accommodations, aids, services. This would mean having someone to help you. For example someone signing for a deaf person, special readers for blind people,

4) , in determining whether an individual is substantially limited in a major life activity, it may be useful in appropriate cases to consider, as compared to most people in the general population, the conditions under which the individual performs the major life activity; the manner in which the individual performs the major life activity; or the duration of time it takes the individual to perform the major life activity, or for which the individual can perform the major life activity.

5)

Consideration of facts such as condition, manner, or duration may include, among other things, consideration of the difficulty, effort or time required to perform a major life activity; pain experienced when performing a major life activity; the length of time a major life activity can be performed; or the way an impairment affects the operation of a major bodily function.  In addition, the non-ameliorative effects of mitigating measures, such as negative side effects of medication or burdens associated with following a particular treatment regimen, may be considered when determining whether an individual’s impairment substantially limits a major life activity.

For example, someone with a learning disability may achieve a high level of academic success, but may nevertheless be substantially limited in one or more major life activities, including, but not limited to, reading, writing, speaking, or learning because of the additional time or effort he or she must spend to read, write, speak, or learn compared to most people in the general population.

MAJOR LIFE ACTIVITY

Includes but is not limited to:

(i) Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, writing, communicating, interacting with others, and working; and

(ii) The operation of a major bodily function, such as the functions of the immune system, special sense organs and skin, normal cell growth, and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive systems.  The operation of a major bodily function includes the operation of an individual organ within a body system.

 In determining whether an impairment substantially limits a major life activity, the term major shall not be interpreted strictly to create a demanding standard. 

Whether an activity is a major life activity is not determined by reference to whether it is of central importance to daily life.

 An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.

An impairment is a disability within the meaning of this part if it substantially limits the ability of an individual to perform a major life activity as compared to most people in the general population.  An impairment does not need to prevent, or significantly or severely restrict, the individual from performing a major life activity in order to be considered substantially limiting. 

The comparison of an individual’s performance of a major life activity to the performance of the same major life activity by most people in the general population usually will not require scientific, medical, or statistical evidence

The determination of whether an impairment substantially limits a major life activity requires an individualized assessment.

PART II

After you determined that you have a  qualified disability. The second step to having a  Service Animal is about the animal.

REQUIREMENTS OF A SERVICE ANIMAL

WHAT KIND OF ANIMAL IS A SERVICE DOG:The law defines a service animal as any breed of dog. Even if a town has an ordinance against a specific breed of dog, a Service Animal  cannot be banned from that town simply because of its breed, if all other factors make it an acceptable Service Dog. The law also added a provision for miniature horses.  That doesn’t mean ponies. Miniature horses are very trainable, and are great to pull a wheelchair, and are strong enough to help people that need to lean on them for stability, or getting up from a chair, or off the ground after a fall. Miniature horses can actually be housebroken, which is a requirement for any service animal.

3- When in public the animal   must be leashed, harnessed or tethered to his human( also known as its handler or owner). If being attached to its human hinders the animal from doing its job, then it must be totally under the handlers control with voice commands.

SO NOW, IF YOU HAVE A QUALIFIED DISABILITY, AND YOU HAVE A TRAINED ANIMAL- CONGRADULATIONS!!!  ADA will open many doors to you.

The Americans with Disability Act,, gives you the right to take your service animal with you almost anywhere. Almost anywhere means restaurants, hotels, stores, doctor’s offices, work, the movies, even hospitals. Almost all places that are open to the general public can be open to you with your service dogs. There are exceptions- such as a religious facility like a church or temple and private clubs. They aren’t required by law to allow your animal, but usually if you ask, they won’t say no. The ADA also encompasses all means of transportation. The Department of Transportation oversees the portion of ADA that encompasses transportation. Service animal are allowed to accompany their owners who are disabled on any type of public or privately owned mode of transportation that the general public may use. This includes taxis, car services, limousine service, buses, tour buses, ride shares, subways, trains, railways,  paratransit, light-rail, or any means of transportation available to the public. Companies such as Amtrack, Grayhound, Uber and Lyft are also included. Shuttle service, such as the type offered by hotels, rental care companies, amusement parks, airports, etc, are also included. Any type of transportation that is open to the general public must allow a person with a disability to be accompanied by their service animal.Even if the type of service that the animal assists with will not be needed while using transportation, or at the destination, is irrelevant. A Service Dog may always accompany its owner, unless there is a provision in the law to alter that.

WAIT, NOT SO FAST- THERE ARE A FEW CATCHES:

WHEN CAN YOU BE ASKED TO LEAVE: Despite the laws allowing access to public and private places, the animal can be asked to leave if the animal is not in control, barks (unless it’s part of the Service Animals  job), is not housebroken ( except if the animal has accident, or  gets sick and you clean it up right away),  shows any aggression, or poses a direct threat to the health or safety of others. If for some reason your animal has to be denied entry somewhere or has been asked to leave, you  must still be allowed entrance.

WHEN CAN YOU NOT BE ASKED TO LEAVE?Someone having an allergy to dogs, or  being afraid of dogs or a horse is not acceptable reasons to deny you and your animal access. The establishment needs to accommodate you and the person with the allergy or the person with the fear of animals. The ADA law requires establishments to reasonably modify their policies, by allowing a service animal to accompany a person with a qualified disability. For example a supermarket, a drugstore,  a doctor’s office or even a restaurant, and any other public establishment that would not allow an animal, must allow a service animal.

On the other hand, the law says that service animals do not have to be allowed in public places if their presence would alter the nature of the service, program or activity. So, a service dog can be with you anywhere in a  hospital (admissions and discharge offices, the emergency room, inpatient and outpatient rooms, examining and diagnostic rooms, clinics, rehabilitation therapy areas, the cafeteria and vending areas, the pharmacy, restrooms) but not in  areas that require a sterile environment, such as an operating room, or burn unit. . It would be unreasonable to jeopardize the integrity of those type of areas. Also, your dog can accompany you to a public swimming pool, but cannot go into the pool with you. You and your dog are allowed to go into any government building, facility or program owned or run by any state, or municipality that the general public has access toBasically,  a service animal is allowed to be with its handler any place that is open to the general public with some limitations.

SO IF I’M IN THE HOSPITAL, I CAN BRING MY SERVICE DOG?  Sure, just not to areas that require higher levels of sterilazation, that the animal might contaminate.  If you are admitted to a hospital your  service dog can stay with you, provided that a friend or family member is able to address the needs of the dog such as feeding and walking it. Hospital staff are not required to help with the service animal.

DO I NEED TO PROVE MY ANIMAL IS A SERVICE ANIMAL?

Except when flying on an airplane, your privacy and details of your disability are protected as well.   Until August 2019, the only thing someone can ask you is if you have a disability, and what your animal does to help you.Now airlines may ask more detailed questions. Now airlines are permitted to ask for proof of current vaccinations for the service animal, as well as other documentation to assure the Service Animal will not be a health or safety problem aboard a plane.

IS A SERVICE DOG REQUIRED TO WEAR A VEST? No, it is not required. Many organizations that train Service Dogs do want particular vests to be worn, but it is not required under ADA. Though it is not required for your animal to have a vest, if it does have a vest identifying what type of service animal it is, it deters establishments, including airlines from asking about the type of service animal it is. The laws for people with disabilities are aimed at helping them enjoy the same things that everyone else enjoys, and the laws are geared to give the same protection to disabled people as everyone else has.

WHERE ELSE CAN I GO? Aside from the Americans with Disabilities Act, there are other laws assist people with disabilities and allow a service to accompany their owner. The Air Carrier Access Act allows Service Animals on airplanes.The Fair Housing Act contains provisions for Service Animals being allowed, even in dwellings that do not allow animals.