The following is the answer I received from the New England ADA Center. I
hope it helps. - Ruth Super
Hi Ruth,
We recommend that organizations and businesses develop a policy from the
Department of Justice?s guidance on service animals
www.ada.gov/service_animals_2010.htm particularly this section:
When it is not obvious what service an animal provides, only limited
inquiries are allowed. Staff may ask two questions:
(1) is the dog a service animal required because of a disability, and
(2) what work or task has the dog been trained to perform.
Staff cannot ask about the person?s disability, require medical
documentation, require a special identification card or training
documentation for the dog, or ask that the dog demonstrate its ability to
perform the work or task.
We strongly recommend that organizations and businesses train their
security and other personnel who have frequent contact with the public to
ask the questions when it is not obvious that the person has a disability
and needs the dog because of a disability.
Emotional support and comfort animals are not considered to be service
animals in title II or III of the ADA. Title II is the title that applies
to state and local governments and title III is the title that applies to
businesses and non-profit organization.
Businesses and organizations should find out if there?s a state law that
is different from the ADA, i.e. includes emotional support animals. The
ADA Centers either know that information or can direct people to their
state affiliate. The centers have the same toll-free number 800-949-4232.
Kathy
Kathy Gips
New England ADA Center
200 Portland Street
Boston, MA 02114
800-949-4232 voice/tty New England only
617-695-0085 voice/tty
kgips@NewEnglandADA.orgA project of the Institute for Human Centered Design
The New England ADA Center is a non-profit organization that provides
information, guidance and training on the Americans with Disabilities Act.
The Center is part of the National Network of ADA Centers. The ten ADA
Centers are funded by the National Institute on Disability Rehabilitation
and Research.
Original Message------
Hello Susanne,
Shirley is absolutely correct. We recently had training workshop for all staff who regularly interface with the public at our museum. The speaker was from the Florida Division of Blind Services and provided some informative resources. One of the most straighforward places to go for information is this FAQ from U.S. Department of Justice Disability Rights Section Commonly Asked Questions About Service Animals in Places of Business
The important things I took away from the workshop were the two allowable questions:
- Is this a service animal required due to a disability?
- What service/action is this animal trained to perform?
The other thing to remember is that if the animal is a service animal, it will be extremely well-behaved. If any service animal poses a direct threat to the health and safety of other, they can be excluded from your facility (asked to leave).
I'm glad to hear that more people and institutions are thinking closely about these issues of access.
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Gabrielle Graham
Museum Educator
Museum of Florida History
Tallahassee FL
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