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«READY NOW! Emergency Preparedness Tool Kit For People with Disabilities Oregon Office on Disability and Health (OODH) Institute of Development & ...»

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A: No. The care or supervision of a service animal is solely the responsibility of his or her owner. You are not required to provide care or food or a special location for the animal.

10. Q: What if a service animal barks or growls at other people or otherwise acts out of control?

A: You may exclude any animal, including a service animal, from your facility when that animal's behavior poses a direct threat to the health or safety of others. For example, any service animal that displays vicious behavior towards other guests or customers may be excluded. You may not make assumptions, however, about how a particular animal is likely to behave based on your past experience with other animals. Each situation must be considered individually.

Although a public accommodation may exclude any service animal that is out of control, it should give the individual with a disability who uses the service animal the option of continuing to enjoy its goods and services without having the service animal on the premises.

11. Q: Can I exclude an animal that doesn't really seem dangerous but is disruptive to my business?

A: There may be a few circumstances when a public accommodation is not required to accommodate a service animal--that is, when doing so would result in a fundamental alteration to the nature of the business. Generally, this is not likely to occur in restaurants, hotels, retail stores, theaters, concert halls, and sport facilities. But when it does, for example, when a dog barks during a movie, the animal can be excluded.

If you have further questions about service animals or other requirements of the ADA, you may call the U.S. Department of Justice's toll-free ADA Information Line at 800-514-0301 (voice) or 800-514-0383 (TDD).

Reproduction of this document is encouraged. Last updated January 14, 2008.

Source: U.S. Department of Justice, Civil Rights Division, Disability Rights Section.

Commonly Asked Questions About Service Animals in Places of Business. July 1996, Last Updated January 14, 2008. Available at: http://www.ada.gov/qasrvc.htm. Accessed December 16, 2013.

U.S. Department of Justice Civil Rights Division Disability Rights Section Service Animals [2010 Revised Requirements] [Note: A previous document (updated in 2008) that provides more information about service animals and the places they are allowed is also in this Ready Now! book. See the previous few pages in this section for that document.] The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, clarify and refine issues that have arisen over the past 20 years and contain new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards).

Overview This publication provides guidance on the term “service animal” and the service animal provisions in the Department’s new regulations.

Beginning on March 15, 2011, only dogs are recognized as service animals under titles II and III of the ADA.

A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability.

Generally, title II and title III entities must permit service animals to accompany people with disabilities in all areas where members of the public are allowed to go.

How “Service Animal” Is Defined Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

This definition does not affect or limit the broader definition of “assistance animal” under the Fair Housing Act or the broader definition of “service animal” under the Air Carrier Access Act.

Some State and local laws also define service animal more broadly than the ADA does. Information about such laws can be obtained from the State Attorney General’s office.

Where Service Animals Are Allowed Under the ADA, State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go. For example, in a hospital it would be inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias, or examination rooms. However, it may be appropriate to exclude a service animal from operating rooms or burn units where the animal’s presence may compromise a sterile environment.

Service Animals Must Be Under Control Under the ADA, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.

Inquiries, Exclusions, Charges, and Other Specific Rules Related to Service Animals When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.

Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.

A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken.

When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence.

Establishments that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises.

People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals.

If a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may also be charged for damage caused by himself or his service animal.

Staff are not required to provide care or food for a service animal.

Miniature Horses In addition to the provisions about service dogs, the Department’s revised ADA regulations have a new, separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.) Entities covered by the ADA must modify their policies to permit miniature horses where reasonable.

The regulations set out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control;

(3) whether the facility can accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.

For more information about the ADA, please visit our website or call our toll-free number.

ADA Website www.ADA.gov ADA Information Line 800-514-0301 (Voice) and 800-514-0383 (TTY) 24 hours a day to order publications by mail.

M-W, F 9:30 a.m. – 5:30 p.m., Th 12:30 p.m. – 5:30 p.m. (Eastern Time) to speak with an ADA Specialist. All calls are confidential.

For persons with disabilities, this publication is available in alternate formats.

Duplication of this document is encouraged. July 2011.

Source: U.S. Department of Justice, Civil Rights Division, Disability Rights

Section. Service Animals. Available at:

http://www.ada.gov/service_animals_2010.htm. Accessed December 16, 2013.

Emergency Evacuation Plans

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This page purposefully left blank.

Emergency Evacuation Plans In some emergency situations, you may decide to leave your home or you may be ordered to leave. Keep in mind that your usual ways of support and assistance may not be available to you for some time during and after and evacuation. Prepare yourself based on the capabilities and limitations you believe you will have in an emergency situation.

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If you smell gas, see smoke or fire, or fear for your safety for other reasons, immediately evacuate everyone in your home. Once you are in a safe location, call 9-1-1 and report what happened.

If local authorities tell you to evacuate, follow their instructions. Use the evacuation routes they give you, and carpool if possible. Follow these steps

if you are told to leave your home:

Decide where you will go beforehand, if you can.

Think about at least three places you could go, like a friend or family member’s house, a hotel, or a motel outside the area you live. Sometimes public emergency shelters do not provide all the help you may need.

Call for transportation if you need help.

Plan more than one way to leave your home and be ready to leave early. Think about how you will call for transportation help if the phones and electricity are not working. In some areas, local government agencies provide transportation for people who need help during an emergency. Ask your local Emergency Management Office or fire department if transportation services are available for people with disabilities where you live.

Grab your emergency supply kit.

Make sure you take your emergency supply kit and that it contains your medicine and important documents. Put items that are important to you in the supply kit, or someplace safe.

Know what equipment you need.

Decide what type of equipment you need to help you.

If you can’t use the stairs, talk to your emergency support people about how you can leave your building in an emergency.

Take care of your pets.

Unlike service animals, pets may not be allowed into emergency shelters. Contact your local Red Cross chapter, Humane Society or your veterinarian for more information about where you can take your pet while you are at a shelter.

Turn off the electricity.

Except for the refrigerator or freezer, all your electricity should be turned off at the main box.

Call your personal support group.

It’s important that you call the people in your personal support group to let them know you are safe and where you are going. If you plan to leave the area or the state, you may know a telephone number where you will be able to be reached. Give them that number.

Advocate for yourself.

Practice how to quickly explain how to guide or move you and your adaptive equipment safely and rapidly. Be ready to give brief, clear, and specific instructions to rescue personnel, either verbally or in writing.

Practice your plan.

Practice, practice, practice! Identify any obstacles you may experience. Get your personal support group involved. Ask them to practice how to help you. Practice on different days of the week, and at different times of the day. Evacuating when it is daylight is not the same as evacuating at night when you may not be able to see landmarks that usually guide you.

Practice using more than one evacuation route, since some routes may be blocked by the disaster.

Review and revise your plan.

Review and revise your plan often or as your condition changes or your area is changed (such as when new streets are opened or old streets closed). Make sure that if you change your support group people, they practice with you and know your plan.

Adapted from the ‘Emergency Preparedness Tool Kit for People with Disabilities’ from the Occupation Therapy Department at VCU & Virginia Leadership Education in Neurodevelopmental Disabilities (Va-LEND) 2007.

–  –  –

Review and revise your plan often or as your condition changes or your area is changed (such as when new streets are opened or old streets closed). Make sure that if you change your support group people, they practice with you and know your plan.

You can find out what shelter to go to by listening to your local radio news broadcast, watching the television news, or by calling or texting your local Red Cross office. If it is not safe to stay where you are and you don’t have another safe place to go, get to a chosen emergency shelter and stay there

until the emergency is over. Remember to:

• Take your emergency supply kit with you to the shelter.

• Tell your emergency support group where you are going.

At first, emergency shelters may not be able to give you basic supplies.

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