First article here in the New York Times Magazine:
http://www.nytimes.com/2009/01/04/magazine/04Creatures-t.html?_r=1
The author provides a followup in this blog posting:
http://scienceblogs.com/culturedish/2009/01/newsflash_doj_ada_changes_leak.php
http://www.nytimes.com/2009/01/04/magazine/04Creatures-t.html?_r=1
The author provides a followup in this blog posting:
http://scienceblogs.com/culturedish/2009/01/newsflash_doj_ada_changes_leak.php
NEWSFLASH: In this weekend's New York Times Magazine, I reported that the Department of Justice had proposed a ban on guide miniature horses, service monkeys, and other non-canine assistance animals (brief overview of the story and legal issues here, several follow up posts here). In my story, I mentioned that no one knew whether the DOJ had removed the species ban from their proposal after the public hearings this summer.
I just gotten a leaked version of the latest DOJ regulations, and the agency has in fact made the species ban more restrictive. The DOJ's initial proposal would have allowed cats and other commonly domesticated animals (perhaps including parrots like the one I reported on in my story who helps a man with his bipolar disorder by talking him down from psychotic episodes). But the current version (which the DOJ approved on 12/3 and is now pending final approval by the OMB), restricts assistance animals to only dogs. The DOJ's new proposed service animal definition is:
"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, cannot be service animals."
It does include a special provision for miniature horses (but no other species) saying business must make:
"reasonable modifications in policies, practices and procedures to permit the use of a miniature horse by an individual with a disability, if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability, unless the public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the public accommodation's goods, services, facilities, privileges, advantages, or accommodations."
But in the end, it says, "The miniature horse is not included in the definition of service animal, which is limited to dogs." This strips their users of all legal rights associated with service animal use. It's unclear whether this means users who live in areas that don't allow livestock within city limits (which = most of them), will have to give up their guide horses because they're no longer considered service animals. The big question now is whether there will be another revision, or whether this regulation will be approved before January 20th, when Obama takes office.
Many readers have asked who they can contact about this regulation, since the final proposal is still awaiting approval. Those interested in speaking out about this can contact their government representatives and state senators.
I just gotten a leaked version of the latest DOJ regulations, and the agency has in fact made the species ban more restrictive. The DOJ's initial proposal would have allowed cats and other commonly domesticated animals (perhaps including parrots like the one I reported on in my story who helps a man with his bipolar disorder by talking him down from psychotic episodes). But the current version (which the DOJ approved on 12/3 and is now pending final approval by the OMB), restricts assistance animals to only dogs. The DOJ's new proposed service animal definition is:
"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, cannot be service animals."
It does include a special provision for miniature horses (but no other species) saying business must make:
"reasonable modifications in policies, practices and procedures to permit the use of a miniature horse by an individual with a disability, if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability, unless the public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the public accommodation's goods, services, facilities, privileges, advantages, or accommodations."
But in the end, it says, "The miniature horse is not included in the definition of service animal, which is limited to dogs." This strips their users of all legal rights associated with service animal use. It's unclear whether this means users who live in areas that don't allow livestock within city limits (which = most of them), will have to give up their guide horses because they're no longer considered service animals. The big question now is whether there will be another revision, or whether this regulation will be approved before January 20th, when Obama takes office.
Many readers have asked who they can contact about this regulation, since the final proposal is still awaiting approval. Those interested in speaking out about this can contact their government representatives and state senators.
