Letter from the Editor
This summer, on July 26, we will celebrate the seventeenth anniversary of the signing of the Americans with Disabilities Act. In this edition of Access New England, we focus on an important provision of this landmark civil rights legislation: service animals.
As the owner of a service dog (my Golden Retriever, Ali—featured on the cover, in her Fall 2000 NEADS graduation photo—can you guess which one she is?), this is an issue very close to my heart and few could truly deny the many ways service animals can enhance the lives of individuals with disabilities. Even so, the specifics regarding the different laws that have service animal provisions often remain a mystery. We hope to remedy some of that with the features and information included in these pages.
Some of the most frequent calls we receive at DBTAC—New England ADA Center are about service animals. Whether from restaurant owners, taxi drivers, movie theater personnel, housing authorities or individuals with disabilities, many people are still asking the important questions: What is the definition of a “service animal?” Where are they allowed to go? Can I ask for certification? How would I recognize a service animal? What questions can I ask the owner/handler? What about animals in housing? You can read answers to some of the most common inquiries about service animals and the ADA in our Frequently Asked Questions section.
Without a doubt, one of the areas where the most confusion and even controversy remains, concerns the differences between the ADA and its specific requirement of “task training” and the more “flexible” Fair Housing Amendments Act of 1988 (FHAA) which uses the term “assistive animal.” The FHAA can include any animal, trained or not, certified or not, that is needed by an individual with a disability to achieve successful tenancy. In our feature, A Different Animal, you can read about how the ADA and the FHAA came into play for Sarah Sevick, a college student in Texas, when she tried to bring her ferret, Lilly, to campus. It’s a story that will help shed light on the important distinctions between these two laws. (For further clarification on how assistive animals are covered under the FHAA, you can call Fair Housing Accessibility FIRST at 888-341-7781).
When discussing service animals, it is always important to note that not every animal that assists a person with a disability will meet the specific definition found in the ADA and not every law has the same provisions. In our Service Animals and Federal Laws feature you can read an excellent summary of the various laws and definitions concerning “service” and “companion” animals written by J. Aaron McCullough of the DBTAC—Southwest ADA Center. Don’t miss it! Our Great Websites and Publications have numerous resources and links that will help unravel the legal maze. Please be sure to check them out!
We hope this edition of our newsletter will clarify some of the confusion surrounding service animals and the different laws that make provisions for them. We have included some great photos that we hope you will enjoy, as well. As always, if you have any questions about service animals and the ADA (or any other ADA issue), please don’t hesitate to contact us. Your calls and questions are always most welcome.
Happy reading!
Karen
Pawscript: On the cover photo, Ali can be found in the second row from the top, second dog from the right.
Cover Photo
NEADS fall 2000 graduating class, featuring service dog Ali. (Photo by Winn Handy)
