Homelessness for Stupid People
The foibles of the most pampered homeless population in the Bay Area...
It
is quarter to five, Friday afternoon and Judy just walked into the
Livermore Public Library with her overweight Black Labrador Retriever
named Shane. Judy Claudio likes to pass Shane off as a service animal, and,
knowing the law the way she does, she's well aware that the
Librarians at the Livermore Public Library have been, in the past,
forbidden to ask if the animal is a service animal.
Yes,
this is the same Judy who made up the whole bit about Mr. and Mrs. C.
The very same one who went off on me last Monday. I'm watching this
and I'm just wondering: how far is she going to take this?
Yes,
folks, this bothers me.
That
the American's with Disabilities Act (ADA) prohibits business owners
and Librarians from asking for a service animal's credentials has
always been a problem. Why that was written into the law is beyond
me. People like Judy know full well that this is the case.
However,
the law has been changed quite recently. The only type of service
animal that is always allowed is a dog. It must be a trained dog. And
the Business Owner or Librarian may ask what the service animal is
trained for. If it is NOT trained, it is NOT a service animal.
Cockatoos,
Opossums, Rats, Lions, Tigers and Bears: NOT Protected under the ADA
Service Animal provisions. So if you have one of those, and you're
trying to pass it off as a service animal, you have a rude awakening
coming.
Now,
what is the Livermore Public Library in-house policy on Service
Animals or animals being passed off as Service Animals? As the
Library staff, I have no idea.
But,
Judy, just so you know, Shane is not a service animal, never has been
a service animal and will never be a service animal.
The
California Code makes it very clear what the laws are today:
Californa
Civil Code Section: 54.2.(b) Individuals who are blind or
otherwise visually impaired and persons licensed to train guide dogs
for individuals who are blind or visually impaired pursuant to
Chapter 9.5 (commencing with Section 7200) of Division 3 of the
Business and Professions Code or as defined in regulations
implementing Title III of the Americans with Disabilities Act of 1990
(Public Law 101–336), and individuals who are deaf or hearing
impaired and persons authorized to train signal dogs for individuals
who are deaf or hearing impaired, and individuals with a disability
and persons who are authorized to train service dogs for the
individuals with a disability may take dogs, for the purpose of
training them as guide dogs, signal dogs, or service dogs in any of
the places specified in Section 54.1 without being required to pay an
extra charge or security deposit for the guide dog, signal dog, or
service dog. However, the person shall be liable for any damage done
to the premises or facilities by his or her dog. These persons shall
ensure the dog is on a leash and tagged as a guide dog,
signal dog, or service dog by an identification tag issued by the
county clerk, animal control department, or other
agency, as authorized by Chapter 3.5 (commencing with Section 30850)
of Title 14 of the Food and Agricultural Code.
Looks
clear enough to me...
The guidelines for the Service Animal
protections by the ADA can be found on the U.S. Government ADA
Website: http://www.ada.gov/service_animals_2010.htm
No comments:
Post a Comment