[Cagdu] FW: [nagdu] Fw: Breaking News About DOJ Changes

[tina thomas]

Subject: [nagdu] Fw: Breaking News About DOJ Changes
Importance: High

Breaking News About DOJ ChangesHi, Everyone,

I am forwarding a message I got from Rebecca Skloot, the author of the NY
Times Magazine article about non-canine service animals and the ADA issues.
She has been leaked the documents with the final DOJ regulations and
definition of service animal under the ADA.  (The regulations are not yet
official, because they are being reviewed by the OMB.)

Her message is below, with links to her blog and further information.  But I
have also copied some of the text from her blog to give you the jist of what
she has to say.

Here is the copied text:

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:
Block quote start
"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."
Block quote end

It does include a special provision for miniature horses (but no other
species) saying business must make:
Block quote start
"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."
Block quote end

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 to speak out about this
regulation, since the final proposal is still awaiting approval. Those
interested can contact their government representatives and state senators.
Also the Department of Justice
here
[update: apparently the DOJ isn't taking comments or documenting calls about
this] and the OMB here.
(Update for those who've asked: The relevant way to reference this issue is
by saying you're contacting them about the DOJ's pending ADA regulations
that would ban the use of any species other than dogs as service animals.
The exact regulation in question is "Title III Regulation 28 CFR Part 36:
Nondiscrimination on the Basis of Disability by Public Accommodations and in
Commercial Facilities."

Update: The leaked document says "For further information contact Janet L.
Blizard, Deputy Chief, Disability Rights Section, Civil Rights Division,
U.S.
Department of Justice, at (202) 307-0663." [See above: the DOJ is not taking
calls on this issue]

Below is Rebecca Skloot's original message with links to further
information:

Best,
Ann


----- Original Message -----
From: Rebecca Skloot
Sent: Tuesday, January 06, 2009 2:21 PM
Subject: Breaking News About DOJ Changes 


I just got some government documents leaked to me that contain the final
regulations the DOJ approved, which are waiting final approval for the OMB.
They don't look good.  I just posted info about them here ... Spread the
word, and contact folks to protest if you'd like:

http://scienceblogs.com/culturedish/2009/01/newsflash_doj_ada_changes_leak.p
hp
--
Rebecca Skloot | freelance writer | http://www.rebeccaskloot.com   
blogger | http://scienceblogs.com/culturedish   
assistant professor | creative nonfiction | http://www.mfainmemphis.com 



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