[Artemisia] OT - may or may not be useful information for event planners

Sondra Gibson sgibson at edulog.com
Thu Mar 17 14:57:04 CDT 2011


This is somewhat off topic, but is something that may, in some cases, be
applicable to SCA circumstance, and may be useful to some event planners.
I have been doing some research into this for a non-SCA fiber arts festival
that I am involved with this summer. We have had 'issues' in the past and
didn't want to be caught unaware again.  I always believe it is good to know
what the law is, when you are making policy decisions.  Our fiber arts group
did not, when the issue first came up, and almost put our foot in it.  ;-)  

Please note:  I'm not passing judgement one way or another on what can be a
sensitive subject.  Just passin' on the facts...

Interesting information:  This change in the ADA went into effect Tuesday,
March 15th 2011 (first change in something like 20 yrs!)

New defination to "service animals":  (from the ADA gov. fact sheet)
"Service Animals. The rule defines "service animal" as a dog that has been
individually trained to do work or perform tasks for the benefit of an
individual with a disability. The rule states that other animals, whether
wild or domestic, do not qualify as service animals. Dogs that are not
trained to perform tasks that mitigate the effects of a disability,
including dogs that are used purely for emotional support, are not service
animals."  ( from the actual legal text:  The crime deterrent effects of an
animal´s presence and the provision of emotional support, well-being,
comfort, or companionship do not constitute work or tasks for the purposes
of this definition.)

(there are some very limited circumstances where min. horses are allowed as
service animals)

Two Questions may now be asked: 
"A public accommodation shall not ask about the nature or extent of a
person´s disability, but may make two inquiries to determine whether an
animal qualifies as a service animal. A public accommodation may ask if the
animal is required because of a disability and what work or task the animal
has been trained to perform. A public accommodation shall not require
documentation, such as proof that the animal has been certified, trained, or
licensed as a service animal. Generally, a public accommodation may not make
these inquiries about a service animal when it is readily apparent that an
animal is trained to do work or perform tasks for an individual with a
disability (e.g., the dog is observed guiding an individual who is blind or
has low vision, pulling a person´s wheelchair, or providing assistance with
stability or balance to an individual with an observable mobility
disability). "

Animal under handler´s control. "A service animal shall be under the control
of its handler. A service animal shall have a harness, leash, or other
tether, unless either the handler is unable because of a disability to use a
harness, leash, or other tether, or the use of a harness, leash, or other
tether would interfere with the service animal´s safe, effective performance
of work or tasks, in which case the service animal must be otherwise under
the handler´s control (e.g., voice control, signals, or other effective
means)." 

I actually spoke on the phone to a rep. from the ADA gov. information site
and she was very clear that if a dog is not trained to perform a specific
task it is no longer considered a service animal and is not *required* to be
admitted to public events and places.  She was also quite clear that if a
non-profit org. holds an offical event and allows non-members to attend,
then it qualifies as a "public" event under ADA guidelines.    

There were a considerable number of other changes that went into effect,
mostly concerninng access to buildings and facilities.  Since they didn't
effect our festival (buildings and grounds are already accessable) I didn't
bother researching the details.

For complete (rather long and boring, lol!) texts of the ADA, including the
new revisions look here:
  http://www.ada.gov/regs2010/ADAregs2010.htm

Gefjon






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