Author Topic: Service Animals  (Read 2769 times)

El Diablo Blanco

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Re: Service Animals
« Reply #25 on: December 05, 2011, 09:27:40 AM »
It's what we would call ugly girls in high school. 

BayGBM

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Re: Service Animals
« Reply #26 on: December 13, 2011, 08:02:41 AM »
Pets or Therapy Animals?
By Allie Grasgreen

A federal lawsuit against the University of Nebraska at Kearney, which denied the request of a student with a psychological disability to keep a therapy dog in her university-owned apartment off campus, could signal a shift in how institutions will be expected to handle such accommodations in the future.

At issue are Kearney's decision and the process by which it was reached. The lawsuit says the university asks too much of students with psychological or emotional disabilities.

Colleges have up to this point operated under the Americans with Disabilities Act when considering requests for service animals, which perform tasks for their owners and can be essential for blind or deaf students. But the new ADA amendments that became active in March don't recognize or define "therapy animals" that may be used for emotional support -- a potentially confounding omission for Kearney and other institutions.

Kearney, in the Department of Justice's opinion, clearly should have deferred to the rules of the Department of Housing and Urban Development, the office that brought the initial charges under the Fair Housing Act. Those rules, which regulate basic apartment complexes irrespective of whether they house students, define therapy animals as any used as treatment for a diagnosed condition, and say facilities that ban pets can't prohibit reasonable requests for service or therapy animals.

Kearney, like most colleges, prohibits animals in university-owned housing, and has no written policy specifically addressing service animals living with disabled students. But under Kearney's ADA Policies for Service Animals, therapy animals don't even qualify -- only dogs trained and certified as service animals do.

Brittany Hamilton, the Kearney student at the center of the litigation, was taking prescribed medication for anxiety and depression that caused sleeping and breathing problems. The registered nurse who prescribed the dog said it could help by giving Hamilton a sense of stability, building her confidence and distracting her from anxiety, according to the lawsuit.

Hamilton's parents told administrators that they trained the dog, Butch, to place his paws on Hamilton's shoulders to calm her down when he sensed a forthcoming anxiety attack. But, the lawsuit notes, administrators said Butch would only be allowed if Hamilton's doctor reported the dog was trained and certified as a service animal "as defined" by the ADA. Yet that definition explicitly states, "Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA."

Kearney denied Hamilton's request each time it was made "based solely on [its] refusal to accommodate emotional assistance animals in university housing," the lawsuit says.

But Kearney's "Psychological Documentation Guidelines," which it uses to "validate" an impairment, its impact and the need for accommodations, goes beyond those basic inquiries. Among other things, the lawsuit says, it requires: information regarding the student's treatment and prescribed medications, including a list of dosages and schedules for intake; the date of the student's last visit with the doctor and a schedule of regular visits; a list of any other doctors providing treatment; "a clinical summary which indicates the substantial life activities impaired by the disability, 'describes the extent to which these limitations would impact the academic or living environment in a postsecondary setting,' and 'provides clear evidence that the student's symptoms are present in two or more settings' "; and an explanation of how the student's limitations affect "the activities that are required in an academic environment."

Despite Hamilton's three accommodation requests submitted to the university over a four-month period, her producing medical documentation of her conditions and Butch's role in mitigating their effects, and her invitation for officials to contact her doctors and counselors, administrators repeatedly denied her requests, the lawsuit says. Hamilton had also, as requested, visited the university-recommended counseling services, and her mother submitted one request specifically noting the Fair Housing Act. But Kearney said the university was not bound by the statute.

Ada Meloy, general counsel for the American Council on Education, said HUD is "overreaching" into the academic sphere with its action against Kearney.

"Student housing is part of the educational purpose and mission of the universities. It's not the same as your basic apartment complex," Meloy said. "I think that the higher education community will be watching how this particular case might play out, and then decide whether indeed it seems that they need to conform not only to the ADA but also to the HUD regulations. And colleges and universities in general already have a very established way of dealing with students with disabilities, and I don't think that many colleges or universities would think they need additional regulation in this area."

With issues like maintenance, allergies, cleanliness and student interaction in the mix, it's not hard to imagine why officials might hesitate when faced with these requests. The lawsuit noted one Kearney administrator e-mailed another regarding the accommodation, saying it should be turned down because, "This is not a service animal but rather a pet.... Unless this animal can be classified as a service animal, we are opening a big can of worms. In essence, anyone can have their doctor say they are anxious and need to have their dog, cat, snake, or monkey, etc."

Not only did Kearney administrators consider the dog a pet, the lawsuit says, they considered the implications for future requests if Hamilton's were to be granted -- a practice that experts say is not acceptable.

"I understand the concern, but it is never legitimate to make an accommodation decision based on what other people will try to do," said L. Scott Lissner, ADA coordinator at Ohio State University and president-elect of the Association on Higher Education and Disability. "In terms of determining your accommodation, the other 10 million people in the universe are irrelevant."

"I don't think anybody wants to reasonably claim that [a] therapeutic dog," Lissner said, "is really a service animal. It's not performing the kind of service that Justice has defined as a service animal. But that doesn't mean that it isn't a helpful accommodation for me to be able to reasonably benefit from a residential environment."

Kearney wasn't wrong in asking for evidence that the therapy dog was necessary, Lissner said. But under new ADA amendments and regulations, they asked too much -- which, other than the university's denying the request, is a key charge in the lawsuit. Lissner and other experts said colleges should essentially limit their inquiry to two questions: Do you have a diagnosed condition, and has your therapy animal historically been necessary for you to deal with that condition? (Documentation from a licensed physician, would, of course, be required as well.)

But Kearney's "Psychological Documentation Guidelines," which it uses to "validate" an impairment, its impact and the need for accommodations, goes beyond those basic inquiries. Among other things, the lawsuit says, it requires: information regarding the student's treatment and prescribed medications, including a list of dosages and schedules for intake; the date of the student's last visit with the doctor and a schedule of regular visits; a list of any other doctors providing treatment; "a clinical summary which indicates the substantial life activities impaired by the disability, 'describes the extent to which these limitations would impact the academic or living environment in a postsecondary setting,' and 'provides clear evidence that the student's symptoms are present in two or more settings'"; and an explanation of how the student's limitations affect '"the activities that are required in an academic environment."'

A Kearney spokesman declined to comment, but the university has said it will contest the lawsuit.

Jane E. Jarrow, a consultant in disabilities and higher education and former AHEAD executive director, said the Kearney lawsuit has caused further confusion about the already perplexing topic of companion animals on campuses. Campus officials are "pretty much experts" when operating under the ADA, she said. But the Fair Housing Act? Not so much.

"I think that the colleges need to really consider long and hard whether they ought to be saying no if the student has made a good case for why it's important," Jarrow said. "They still have the right to evaluate and say no, but they shouldn't say no out of hand. And by all reports, that's what happened at UN Kearney."

Jarrow and others said these requests are starting to come up more often, but that doesn't mean they're all legitimate. For example, Jarrow remembered one case in which a student with an anxiety disorder, which was diagnosed in February of that year, said she needed her therapy animal living with her. But the dog was six years old -- turns out, it was an old family pet, not prescribed specifically for emotional support.

While therapy animal requests are still relatively uncommon, Jarrow said, when they do arise, they're generally not approved because students do want to bring animals other than dogs into campus housing.

"You hear these weird stories about everything from ferrets to tarantulas to cats," she said. Colleges have traditionally required significant reasoning from a student who wants to bring in an emotional support animal, and that likely won't change if colleges are going to be subject to the Fair Housing Act because that legislation does not require institutions to approve just any request. "This was a student who pretty clearly needed to have that dog, because when she didn't have the dog she had to leave school.... It's really going to come down to, how severe is the need, how significant is the need? They ended up saying no to a student who really needed it."

In light of the lawsuit, Steve Waller, director of residential life at Louisiana State University and chair of the Public Policy Advisory Committee of the Association of College and University Housing Officers International, created a white paper on government regulations on therapy animals in campus housing. ACUHO-I just last week created a task force to identify best practices and procedures for colleges seeking guidance. Waller said the Kearney lawsuit has prompted some institutions to come forward looking for advice on an issue that's become more prevalent in recent years. (Still, LSU hasn't received a therapy animal request in the 10 years he's worked there, Waller said.)

"I think that the sense is that we'll see more and more animals showing up on campuses, and that may be an unsupported fear," Jarrow said. "Whether or not it will truly open the floodgates remains to be seen. My guess is not."


Read more: http://www.insidehighered.com/news/2011/12/13/lawsuit-over-therapy-dog-raises-questions-about-university-housing#ixzz1gQmrhsso

reppingfor20

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Re: Service Animals
« Reply #27 on: December 13, 2011, 08:28:37 AM »
sleeping and breathing problems from meds, there are tons of different meds for what she has, she can try other ones before going to carrying around a dog her whole life god.

TEAM Nasser

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Re: Service Animals
« Reply #28 on: December 13, 2011, 08:48:32 AM »
If you changed the word dog with fag. Great post!  ;D  Couldnt agree more.  ;)



 ;D ;D ;D

BayGBM

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Re: Service Animals
« Reply #29 on: February 16, 2012, 07:26:12 AM »
Safeway tries to enforce service animal rule
by C.W. Nevius, Chronicle Columnist
 
There are Labradoodles in the produce aisle. There's a little Australian terrier sniffing the potato chips. Yes, there are dogs in the supermarket, particularly in San Francisco.

And God help us, one of these days there may be a miniature pony in the checkout line. Seriously.

And it's all perfectly legal. Or imperfectly legal, depending on whom you ask.

Technically, these are service animals. But the technicality is starting to drive customers, supermarket owners and animal control officials around the bend.

"This service animal thing is getting a little out of control," said Vicky Guldbech, captain of San Francisco's Department of Animal Care and Control. "Even my staff is saying, 'Wait a minute, that's a service animal?' "

Let's face it, everything from an iguana to a chicken has been called a service animal in the city.

But enough is enough, and some Safeway stores started posting notices saying that dog owners who fraudulently claim their dog is a service animal are subject to California Penal Code 365.7, which could result in "imprisonment in the county jail" and/or a fine that could run to $1,000.

According to the Americans with Disabilities Act, when a supermarket operator finds a dog in his store he can only ask two questions:

"Is the dog a service animal required because of a disability? What work or task has the dog been trained to perform?"

So, says Susan Houghton, director of public affairs for Safeway in Northern California, if the owner says the dog is required and it is needed for "physical, sensory, psychological or mental" assistance, the dog stays.

"You can't say, 'Prove it,' " Houghton says. "If the customer learns to answer the questions in the right way there is nothing we can do."

To be clear, service animals can do wonderful work. Besides guide dogs for the sight-impaired, they can be trained to alert an epileptic when a seizure is imminent or warn of substances that might cause a serious allergic reaction.

"The reality is, there are legitimate service animals, and it is a beautiful thing," said Guldbech. "Service animals have literally saved their owners' lives."

But there are more dogs in stores, markets, and even hospitals than ever before.

"I think it is increasing," said Houghton, "and you would be right to say there is more in San Francisco. It is a very difficult situation for our customers, managers and employees."

Even though Safeway is trying to take a stand by posting its notices, it's unrealistic to think that anyone who falsely portrays Fido as a service animal will be prosecuted.

When people walk into the store with their dog, employees may figure it isn't worth a confrontation. Dog owners can get defensive. Besides, legitimate service animals aren't required to wear a vest or a badge, so you might be challenging someone who really needs assistance.

Guldbech says Animal Care and Control issues service animal medallions with a doctor's note. Why not just require those? After all, handicapped parking placards are common.

But the Department of Justice is adamantly opposed, feeling it stigmatizes the disabled.

At the mayor's office on disability, Susan Mizner is trying to focus on behavior. If dogs are barking, aggressive or not in control, the dog must leave, service animal or not.

Meanwhile, last March, the Department of Justice tried to address the explosion of service animals that included reptiles, rabbits, ferrets, amphibians and rodents. The department excluded all animals except dogs and - believe it or not - miniature horses, which can be used for vision and stability problems.

"The advantage of miniature horses is that they can live 20-25 years," said Mizner. But Mizner quickly adds that in 19 years, "I have yet to meet someone with a miniature horse."

Oh, it's coming. You'll be standing in the checkout line and the guy behind you will be standing with a miniature pony. And you'll wonder what to say.

I'd suggest: Hay.

oldtimer1

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Re: Service Animals
« Reply #30 on: February 16, 2012, 10:05:28 AM »
Wow! Service dogs!  I'm going to get my monkey certified as service animal so I can take him everywhere. I guess all I have to do is get diagnosed with an anxiety disorder. Then I guess I can get legal marijuana too. On top of this I can get a social security check and free medical care for life, food stamps and a rent assisted apartment.  Is this a great country or what!!!!

Army of One

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Re: Service Animals
« Reply #31 on: February 16, 2012, 10:07:23 AM »
This what Pumpster calls his cat, though Im not sure it fits the legal description