Justice Dept. rules against breed discrimination for service dogs - Page 1

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Doberdoodle

by Doberdoodle on 08 August 2010 - 23:08

http://animals.change.org/blog/view/justice_department_rules_against_dog_discrimination

If you have a Pit Bull service dog (or other breed), you cannot be discriminated against in areas and cities where breeds are banned.  There are already 3 people in Colorado in a class-action lawsuit who own Pit service dogs.

by SitasMom on 09 August 2010 - 00:08

Goes to show you, there's always a way around the law.......


Diane Jessup

by Diane Jessup on 09 August 2010 - 00:08

Goes to show ignorance, prejudice and fear can be overcome in the end!  Thanks for posting Doberdoodle!

Doberdoodle

by Doberdoodle on 09 August 2010 - 00:08

Sitas, you think people will take advantage of this law??  About 2 days ago I got a call for someone wanting an "emotional support dog", when I asked him for a task list, he said "Well, I just want to be able to fly on a plane with my dog for free" no disability..." Um, No.

I have seen trainers who put service vests on their dogs to socialize them, and I'm sorry but I don't agree with that.  It's not right.

by GSDsRock on 09 August 2010 - 05:08



Thanks, Doberdoodle! That is great news, and it's of particular interest to me as a disabled person with a GSD assistance dog. It isn't just Pits that get banned; GSDs get banned also. The DOJ makes specific mention of GSDs as assistance dogs in its ruling:

The Department does not believe that it is either appropriate or consistent with the ADA to defer to local laws that prohibit certain breeds of dogs based on local concerns that these breeds may have a history of unprovoked aggression or attacks. Such deference would have the effect of limiting the rights of persons with disabilities under the ADA who use certain service animals based on where they live rather than on whether the use of a particular animal poses a direct threat to the health and safety of others. Breed restrictions differ significantly from jurisdiction to jurisdiction. Some jurisdictions have no breed restrictions. Others have restrictions that, while well-meaning, have the unintended effect of screening out the very breeds of dogs that have successfully served as service animals for decades without a history of the type of unprovoked aggression or attacks that would pose a direct threat, e.g., German Shepherds.

You can find the complete rules at:

http://www.ada.gov/regs2010/titleII_2010/reg2_2010.html

Yes, there's always someone who will take advantage of anything. People can fake a disability so they can use a motorized mobility cart in in public places. People have faked serious illnesses as a scam to get donations. But it's great to see the DOJ focusing on making life a little easier for disabled people.

By the way, the new rules allow miniature horses as service animals. I was doubtful when I first heard about this, but it is legit, as the DOJ concluded. The biggest advantage of miniature horses is that they live much longer than dogs, so they have a much longer work life. Still--I'll keep my GSD!

Myracle

by Myracle on 09 August 2010 - 05:08

My concern would actually be that this move is going to cause a domino effect in that, federal laws will change to require better documentation for service animals.

Which could place a significant burden on disabled people.

by GSDsRock on 09 August 2010 - 05:08



"My concern would actually be that this move is going to cause a domino effect in that, federal laws will change to require better documentation for service animals.

Which could place a significant burden on disabled people."

Something I worry about too, mudwick. The new regs specifically reject imposing such documentation, and mention the burden on disabled people. So any laws imposing documentation would conflict with the ADA. The regs very sensibly focus on the dog's conduct instead of documentation. They're a surprisingly good read (at least the section on service dogs is) with the kind of common sense you don't often see in in government regs.





 


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