The Pet Tree House - Where Pets Are Family Too : Americans with Disabilities Act The Pet Tree House - Where Pets Are Family Too : Americans with Disabilities Act
Showing posts with label Americans with Disabilities Act. Show all posts
Showing posts with label Americans with Disabilities Act. Show all posts

Sunday, June 24, 2018

Ocala, Florida - A Woman Walked Into a Restaurant with a Miniature Service Horse


Imagine the quandary a Central Florida restaurant manager faced when a woman walked in with a miniature horse.

Table for two?

This wasn't just any horse, after all. This one is a service horse with its own Facebook page: Honey the Mini Service Horse

In a world in which people have tried to pass off squirrels, peacocks, hamsters and ducks as service animals or "emotional support animals" in fights with landlords and airlines, the manager of an Ocala First Watch restaurant wasn't sure what to do about Honey.

Or the woman who was hungry as a, well, you get the idea.

So he called the breakfast restaurant's corporate office in University Park, Florida, for some guidance, the Orlando Sentinel reported.

He found out Honey and her owner could be welcomed. (Is oatmeal on the menu?) There's a regulation that says so, the restaurant chain learned.

"On Friday, June 15, a woman came into First Watch in Ocala with her miniature horse. When asked if it was a service animal, the woman confirmed that it was.

"We brought her to a table, where the horse could stand against the wall next to her. Of course our team was a bit surprised, as we’ve never had anyone bring a service miniature horse into one of our restaurants. But we always to do our best to accommodate customers who have legitimate service animals," First Watch spokeswoman Eleni Kouvatsos said in an email to the Miami Herald.

The Americans with Disabilities Act has specific regulations concerning service animals, which the ADA describes as "dogs that are individually trained to do work or perform tasks for people with disabilities."

But the ADA's revised regulations from 2010 also contain a specific provision covering miniature horses, like Honey the Mini Service Horse. Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds, according to ADA guidelines.

In other words, the Triple Crown winner isn't going to be seated next to you as you graze on your Açai Bowl at First Watch.

In part, the ADA regulation states:

"Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. The regulations set out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility.

"The assessment factors are whether the miniature horse is housebroken; whether the miniature horse is under the owner’s control; whether the facility can accommodate the miniature horse’s type, size, and weight; and whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility."

Turns out Honey was a fine fit for this particular First Watch, Kouvatsos said.

"The horse seemed to be in the owner’s control, to be housebroken, and not to propose any safety concerns for our other customers or staff in the restaurant, so while unusual, we were happy to accommodate."

Honey lets her Facebook page speak for her.

On Friday, her owner posted on her behalf: "Had a great meal ... or at least watched my handler have a great meal. Everyone was so awesome."


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Monday, October 16, 2017

A Woman in Minnesota Is Fighting to Keep Her Emotional Support Pony: Authorities Says Farm Animals Are Prohibited From City Limits


Minneapolis, Minnesota — An unassuming pony is at the center of controversy in central Minnesota.

Pam Davidson calls him Tony the Wonder Pony, but city leaders in Clarissa and Eagle Bend say he can’t stay in city limits any longer.

WCCO-TV dug into the debate that one woman’s been trying to rein in for months.

Some might find it strange to share 800 square feet with a 300-pound Shetland pony. Bizzare or not, Davidson wouldn’t want it any other way.

“We’re all different people in this world. We’re all different people. And Tony is different, and I’m different,” Davidson said.

Diagnosed with depression and anxiety, Davidson calls Tony “the Wonder Pony” for what he’s done to turn her life around.

“He helps me like you would not believe,” she said. “This animal has kept me from dying. This animal has help me become active. This animal has got me out of my bed room where I locked myself away for a year-and-a-half after my sister died.”

Davidson says her pony is housebroken since he came from another family who raised him indoors.

She’s had Tony since May as an emotional support animal.

“I have letters from my doctors,” she explained.

Despite mental health professionals weighing in, it took just a few days to hear from the cities of Clarissa and Eagle Bend where she lives and spends her time.

“All farm animals including all types of horses are prohibited from the city limits,” reads one letter.

Clarissa’s city administrator didn’t want to be on camera but told WCCO-TV the emotional support title differs from a full-fledged service animal. They’re not entitled to the same protection under the Americans with Disabilities Act.

Also, citing safety as a concern, he said a truck driver was forced to brake when he found Tony wandering near the highway this summer.

Davidson has offered to build a fence and not take her pet into businesses where he’s not wanted anymore.

“They won’t listen to me. They won’t listen to me,” she said.

Davidson doesn’t want to move but vows to do whatever it takes to protect the pony that she says has done the same for her.

“I’m not going to give up fighting,” she said. “I’d rather be homeless. I’m not going to let him go.”

Davidson has ignored the city of Clarissa’s request to get rid of Tony. She has until Thursday to appeal a decision in Eagle Bend that denied her a variance for her pony. Either city would need a court order to physically remove Tony from town.







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Thursday, October 10, 2013

People Are Using Fake Service Dogs to get into Restaurants and Other Businesses



By Sue Manning, Associated Press:

It's an easy law to break, and dog cheats do. By strapping a vest or backpack that says "service animal" to their pet, anyone can go in stores and restaurants where other dogs are banned, creating growing problems for the disabled community and business owners and leading to calls for better identifying the real deal.

Those with disabilities are worried about privacy and the safety of their highly trained service dogs, while business owners are concerned about health violations and damage to merchandise from impostors abusing the system.

Under the Americans with Disabilities Act, it's a federal crime to use a fake dog. And about a fourth of all states have laws against service animal misrepresentation. But privacy protections built into the laws make it nearly impossible to prosecute offenders. It's even more difficult because no papers are legally required for real service dogs. Often, people who want to take their pets into restaurants or retail stores just go online to buy vests, backpacks or ID cards with a "service animal" insignia.

The law says those entering businesses with animals can be asked just two questions: Is this a service dog? What is it trained to do for you?

Efforts to make the law more prosecutable have begun, but few agree on what will work best. Ideas range from ditching privacy to doing nothing.

Corey Hudson, chief executive officer of Canine Companions for Independence in San Rafael and president of Assistance Dogs International, a coalition of training schools, is leading the effort to get the U.S. Department of Justice involved. He started writing to the agency 18 months ago but has not received a response.

Hudson wants to open talks and explore ways to identify the real from the phony.

But the International Association of Assistance Dog Partners in Michigan worries that bringing in the Justice Department could set back access rights won by those with disabilities in the past 20 years.

"While we deplore those who might be so unethical as to impersonate a disabled person by dressing their dog up as a service animal, we equally deplore the frenzy of alarm being stirred up about the risk of such abuse," said Joan Froling, chairwoman of the IAADP.

There needs to be a standard, said Jennifer Arnold, founder of Canine Assistants in Atlanta. "The sticky part is who will do the testing and what will be the criteria for allowing dogs to be considered assistance dogs."

An ID card might be the simplest answer, she said, adding that she doesn't think the loss of privacy will be the big issue that some think it will be.

There is a big difference in the behavior of real service dogs and impostors inside businesses, experts said. A true service dog becomes nearly invisible. Pets might bark, urinate, sniff, scratch and eat off the floor.

Real service dogs can be the victims of unruly fakes, said Wallis Brozman, 27, of Santa Rosa. She has dystonia, a movement disorder that left her unable to walk and barely able to talk. She needs a wheelchair, voice amplifier and her service dog, Caspin, who responds to English and sign language.

"When my dog is attacked by an aggressive dog, he is not sure what to do about it and looks to me. It becomes a safety issue, not only for my dog, the target of the attack, but for me if I am between the dogs," Brozman said.

Business owners also face problems. In August, Russell Ireland banned a dog from his Oxford, Mass., diner after its owner put a plate of food on the floor for the dog.

James Glasser claimed it was a legitimate service animal and took part in a boycott of the diner. There was talk of a lawsuit. Ireland apologized. The dog's actual status is unclear.

Cook Justin Fisher said his boss' reputation took a beating. Business is just now returning to normal.

Marv Tuttle, a volunteer guide at the Monterey Bay Aquarium, said he believes he spots phony service dogs two or three times a week. He has also experienced the other side. Tuttle uses a service dog, Yara, because of a spinal cord injury from a traffic accident, and he and his wife were once stopped from entering a furniture store. "A girl greeted us and said she'd be glad to hold my dog outside," he said.

The clerk told them that two weeks earlier, a fake was allowed in the store and urinated on several expensive Indian carpets.

In terms of solving the dilemma, Tuttle doesn't think any kind of legislation will work.

"They can write new laws, but there is no way to enforce them. We don't have enough police to stop murders, much less stop people from hauling around pseudo service dogs," he said.


In this photo taken Tuesday, Oct. 8, 2013, Caspin a service dog sits below Wallis Brozman outside at a shopping mall in Santa Rosa, Calif. Other victims of unruly fake service dogs are real service dogs, said Brozman, 27, of Santa Rosa. She has dystonia, a movement disorder that left her unable to walk and barely able to talk. She needs a wheelchair, voice amplifier and her service dog who responds to English and sign language. "When my dog is attacked by an aggressive dog, he is not sure what to do about it and looks to me. It becomes a safety issue, not only for my dog, the target of the attack, but me if I am between the dogs," Brozman said. (AP Photo/Eric Risberg)

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