303
ADOPTED
Urges Policies to Accommodate Disabled Persons Using Service Animals
RESOLUTION
RESOLVED, That the American Bar Association urges all federal, state, territorial, and local legislative bodies to repeal or amend all laws or policies inconsistent with the regulations implementing the Americans with Disabilities Act and to implement policies to ensure that persons with disabilities utilizing service animals are provided access to services, programs and activities of public entities and public accommodations in compliance with the regulations implementing the Americans with Disabilities Act in a manner that:
- Permits the use of a service animal for individuals with physical, sensory, psychiatric, intellectual, or other mental impairments;
- Provides an individualized determination of whether an animal meets the definition of service animal, recognizing that service animals do a wide range of work or tasks for individuals with disabilities;
- Provides for a size, weight and breed-neutral policy, utilizing a case-by-case analysis to determine whether a particular animal can be excluded from a public entity or public accommodation based on the particular’s animal’s actual behavior; and
- Encourages the enforcement by the United States Department of Justice and other governmental authorities with responsibility for implementing the Americans with Disabilities Act, in situations where individuals with disabilities utilizing service animals are denied access to services, programs and activities of public entities and public accommodations.
RESOLUTION
RESOLVED, That the American Bar Association urges all federal, state, territorial, and local legislative bodies to repeal or amend all laws or policies inconsistent with the regulations implementing the Americans with Disabilities Act and to implement policies to ensure that persons with disabilities utilizing service animals are provided access to services, programs and activities of public entities and public accommodations in compliance with the regulations implementing the Americans with Disabilities Act in a manner that:
- Permits the use of a service animal for individuals with physical, sensory, psychiatric, intellectual, or other mental impairments;
- Provides an individualized determination of whether an animal meets the definition of service animal, recognizing that service animals do a wide range of work or tasks for individuals with disabilities;
- Provides for a size, weight and breed-neutral policy, utilizing a case-by-case analysis to determine whether a particular animal can be excluded from a public entity or public accommodation based on the particular’s animal’s actual behavior; and
- Encourages the enforcement by the United States Department of Justice and other governmental authorities with responsibility for implementing the Americans with Disabilities Act, in situations where individuals with disabilities utilizing service animals are denied access to services, programs and activities of public entities and public accommodations.
10:48 PM February 10, 2012
As someone that uses a mixed breed medium sized dog as my seizure alert service animal. I applaude you for Proposed Resolution 303. This is my second mixed breed service dog, and I also train rescued puppies as service dogs. Taking a rescued mixed breed puppy from the pound and training it to be a service animal works just as well as breeding dogs for the same purpose. Thank you. Keep up the Good Work.
Lorrie Thiel
6:30 PM February 21, 2012
As someone who has invisible disabilities and has used unusually large dogs for 15 years, I too, applaud you. I and many others I know have had more access issues and denials than I can come close to remembering. This is quite timely given all the returning vets with disabilities, particularly those that are invisible like PTSD, TBI and hearing loss. Again, many thanks. I hope local bar associations will follow your lead.
Cissy Stamm
New York Area Assistance Dogs