Disability and Animals

Summary:

This article analyzes the major cases involving non-traditional service animals. Part II looks at those species that have been viewed as potentially presenting a danger to their owners or the public, examining the use of non-human primates and snakes. Part III examines cases where people seek to pass their pets off as service animals, discussing miniature horses, ferrets, and the difference between therapy animals versus service animals. Part IV is a discussion of potential conflicts between the federal ADA and state or local laws regarding non-traditional service animals. Finally, Part V concludes that the present regulatory system is adequate and should remain in place.

Summary:

Courts and prosecutorial offices around the nation have started using service dogs to support emotionally frail child witnesses who are unwilling to testify but for the calming presence of a dog. Proponents claim that this new type of therapeutic jurisprudence helps bring criminal defendants to justice in cases where the testimony of the complaining witness is crucial to the prosecution’s case. Opponents fear the infringement of the defendants’ rights to a fair trial because of the dogs’ potential to prejudice a jury to come out in favor of the witnesses. This article analyzes the legal foundations supporting the use of service dogs for emotional support of complaining witnesses in open court.

Summary:

Legislation that affects dogs also affects persons with disabilities to some extent. This link shows up in statutory definitions, is justified by social construction theory, and has been reified in case law. Thus, it is important to examine statutes like Ontario’s pit bull legislation (OPBL) in terms of their potential impact on persons with disabilities. Upon close examination, it appears that the legislation suffers from vague definitions, conflicting onus of proof, absence of fair process, and severe penalties, including imprisonment. Further, it contains no reference to dogs used by persons with disabilities. This means that there is potential for persons with disabilities to suffer negative consequences and a need to consider disability rights in dog-focused legislation.

Summary:

Companionship, emotional support, assistance for disabled family members, and general health benefits are just a few examples of why people choose to keep pets in their homes. This article explores the major legal issues that arise when people desire to keep companion animals in various types of housing. The Author examines the effects of federal, state, and local laws, as well as common contract clauses.

Summary: This Washington regulation concerns trained guide dogs or service animals. It is an unfair practice to request that a trained dog guide or service animal be removed, unless the person can show: (a) that the presence, behavior or actions of that dog guide or service animal constitutes an unreasonable risk of injury or harm to property or other persons; and (b) a reasonable attempt to eliminate the behavior or actions of that dog guide or service animal that constitutes an unreasonable risk fails.

Summary:

This final rule amends HUD's regulations governing the requirements for pet ownership in HUD-assisted public housing and multifamily housing projects for the elderly and persons with disabilities. Specifically, this final rule conforms these pet ownership requirements to the requirements for animals assisting persons with disabilities in HUD's public housing programs, other than housing projects for the elderly or persons with disabilities.

Summary:

The Department of Justice (Department) is issuing this notice of proposed rulemaking (NPRM) in order to: Adopt enforceable accessibility standards under the Americans with Disabilities Act of 1990 (ADA) that are "consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board" (Access Board); and perform periodic reviews of any rule judged to have a significant economic impact on a substantial number of small entities, and a regulatory assessment of the costs and benefits of any significant regulatory action as required by the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).

Summary:

The Department of Transportation is amending its Air Carrier Access Act (ACAA) rules to apply to foreign carriers. The final rule also adds new provisions concerning passengers who use medical oxygen and passengers who are deaf or hard-of-hearing. The rule also reorganizes and updates the entire ACAA rule. The Department will respond to some matters raised in this rulemaking by issuing a subsequent supplemental notice of proposed rulemaking.

Summary:

This notice publishes guidance concerning the carriage of service animals in air transportation from the United States (U.S.) to the United Kingdom (U.K.). These guidelines address the differences between U.K. laws regulating the transport of service animals on flights into the U.K. and U.S. law with respect to the carriage of service animals in air transportation. U.K. laws affecting the transport of service animals in air travel differ significantly from the requirements of the Air Carrier Access Act (ACAA), 49 U.S.C. 41705, and its implementing regulation in 14 CFR Part 382, resulting in uncertainty for carriers and persons with disabilities about the requirements that apply on flights into or transiting the U.K.

Summary:

This document responds to a Congressional mandate for the U.S. Department of Transportation to provide a technical assistance manual to air carriers and individuals with disabilities concerning their rights and responsibilities under the Air Carrier Access Act and DOT regulations.