The ADA made recent revisions, some VERY specific regarding service
animals. The town of Aurelia IA has attempted 'trumping' the ADA by
using a breed ban ordinance to force Jim Sak, a disabled man, to remove
his service dog from his home AND the town!! This is absolutely
outrageous!! PLEASE voice your protest!
Here's a document from the ADA regarding Service Animals:
http://www.ada.gov/service_animals_2010.htm
You can find contacts for the town of Aurelia IA here:
http://www.aureliaia.com/City_Government-Services.htm
********** what i wrote to the town of Aurelia IA *********
ATTN: Mayor & City Council Members, Aurelia IA
I'm writing to you because of an outrage that has happened. Per this
article,
http://www.suntimes.com/news/metro/9566024-418/retired-chicago-cops-service-dog-not-welcome-in-iowa-town.html,
I learned that you have forced Jim Sak to remove his service dog from
his home and out of your town.
This is against the ADA, Ameican Disability Act (Federal Law which
overrides
your 2008 city ordinance!). Strongly suggest you contact the
Department of Justice, to get your facts straight. Because the LAW is
firmly on Jim Sak's side.
one of the changes, made July 23, 2010 and effective March 15, 2011, says
Service animals are exempt from breed bans as well as size & weight limitations.
http://www.ada.gov/regs2010/titleIII_2010/reg3_2010.html
"Conversely, if an individual uses a breed of dog that is
perceived to be aggressive because of breed reputation, stereotype, or
the history or experience the observer may have with other dogs, but
the dog is under the control of the individual with a disability and
does not exhibit aggressive behavior, the public accommodation cannot
exclude the individual or the animal from the place of public
accommodation. The animal can only be removed if it engages in the
behaviors mentioned in § 36.302(c) (as revised in the final rule) or if
the presence of the animal constitutes a fundamental alteration to the
nature of the goods, services, facilities, and activities of the place
of public accommodation."
"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. Other
jurisdictions prohibit animals over a certain weight, thereby
restricting breeds without invoking an express breed ban. In addition,
deference to breed restrictions contained in local laws would have the
unacceptable consequence of restricting travel by an individual with a
disability who uses a breed that is acceptable and poses no safety
hazards in the individual´s home jurisdiction but is nonetheless banned
by other jurisdictions. Public accommodations have the ability to
determine, on a case-by-case basis, whether a particular service animal
can be excluded based on that particular animal´s actual behavior or
history--not based on fears or generalizations about how an animal or
breed might behave. This ability to exclude an animal whose behavior or
history evidences a direct threat is sufficient to protect health and
safety."
If Jim Sak is disabled and Snicker's is his service dog, the breed
is irrelevant. The owner/handler has certain responsibilities (ie
keeping service dog under control, on restraint in public, etc) and if
those have been followed, you cannot legally stop him from entering any
area/building that is normally open to the public. You certainly cannot
order him to remove his service dog from his home OR the town!!
Very Sincerely,
janie
disabled
owner/handler of service dog "in training"
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