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ADA Update Allegedly Used To Deny Service Dog
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Lang



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ADA Update Allegedly Used To Deny Service Dog

Disability Scoop Wrote:
ADA Update Allegedly Used To Deny Service Dog
By Shaun Heasley

September 18, 2012 Text Size  A  A

When federal officials clarified what qualifies as a service animal, they were looking to cut down on people exploiting the law. Now, a girl with autism may be an unintended casualty.

Last year, the U.S. Department of Justice issued new regulations outlining what does and does not qualify as a service animal. Under the changes, animals that merely provide comfort don’t qualify for protection under the Americans with Disabilities Act.

Now, officials at the George West Independent School District in Texas are using the new rules to prohibit Colleen Molohon, 17, from bringing her Australian cattle dog, Chili, to school, the girl’s mother says.

Molohon was accompanied by Chili starting in the ninth grade. But at the beginning of last school year the district determined that under the new Justice Department rules the dog was a “comfort animal” and officials said Molohon could no longer bring Chili to class with her.

This week, school officials stood by their decision and said the dog would not be allowed for Molohon’s senior year.

Molohon’s mother insists that Chili qualifies as a service animal and is filing a federal civil rights complaint, reports the Corpus Christi (Texas) Caller-Times. To read more click here.


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This post was last modified: 09-18-2012 11:53 PM by Lang.

09-18-2012 11:52 PM
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Alterna Thunderfox



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RE: ADA Update Allegedly Used To Deny Service Dog

Sick.
I think they should let Aspies have them too. In fact, I think it should be MANDATORY, because Aspies tend to be able to care for an animal naturally. But I've lived in housing situations that either refused or wanted me to have one kind of animal (e.g., a goldfish only). I'm a mental health victim and have been since childhood.

09-19-2012 12:05 AM
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AspieMomma



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RE: ADA Update Allegedly Used To Deny Service Dog

I understand why it would seem silly to take fido to class for comfort when thinking of a typical child, but in the case of someone with autism, it should be evaluated case-by-case.  The animal could mean the difference between functioning well vs. frequent meltdowns.  A child who is melting down frequently is at an academic disadvantage.  How can you learn when you're in turmoil?

Sad.


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09-19-2012 12:23 AM
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Lang



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RE: ADA Update Allegedly Used To Deny Service Dog

This is my take on it:

Allergies to pets are usually in the form of sniffles and can be solved with cheap and safe over-the-counter medicines.
In most places where people are allowed to take pets, they self-regulate in terms of keeping dangerous animals away from the area, and those who do not self-regulate are liable for damages to people and property.  There is no reason the same principle can't be applied for service dogs.
It is well within the realm of possibility to train an animal not to be disruptive and to train children not to be distracted by service animals, such that the lesson can continue.  The common-sense solution is to require this sort of training.  

This whole "fake service animals" thing is a solution in desperate search of a problem.  If pet allergies were similar to peanut allergies, or if there were some sort of plague of dangerous service animals, or if all of a sudden it became impossible to teach children and adults how to properly behave around service animals, and to teach service animals how to behave around people, then there might be something to solve.  But the problem is the lack of acceptance of service animals, not their putative destructive ubiquity.


Brett Erlich Wrote:
Chris Christie is so fat, his lap-band is a symphony orchestra.




All human beings are born free and equal in dignity and rights.   They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

PROUD DISRUPTIVE DINGBAT

http://Siochanna.deviantart.com
http://neversubmit.xanga.com/

This post was last modified: 09-19-2012 12:59 AM by Lang.

09-19-2012 12:58 AM
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Xaisede



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RE: ADA Update Allegedly Used To Deny Service Dog

@Alterna Thunderfox unfortunately I've never been able to connect with an animal Sad I don't really think I'm a typical aspie... Plus I "run dark" and the only person on here that does that I've seen is Captain J.


09-19-2012 04:06 AM
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AspieMomma



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RE: ADA Update Allegedly Used To Deny Service Dog

ConLang Wrote:
This is my take on it:

Allergies to pets are usually in the form of sniffles and can be solved with cheap and safe over-the-counter medicines.
In most places where people are allowed to take pets, they self-regulate in terms of keeping dangerous animals away from the area, and those who do not self-regulate are liable for damages to people and property.  There is no reason the same principle can't be applied for service dogs.
It is well within the realm of possibility to train an animal not to be disruptive and to train children not to be distracted by service animals, such that the lesson can continue.  The common-sense solution is to require this sort of training.  

This whole "fake service animals" thing is a solution in desperate search of a problem.  If pet allergies were similar to peanut allergies, or if there were some sort of plague of dangerous service animals, or if all of a sudden it became impossible to teach children and adults how to properly behave around service animals, and to teach service animals how to behave around people, then there might be something to solve.  But the problem is the lack of acceptance of service animals, not their putative destructive ubiquity.


^Exactly!  

I think that it boils down to the fact that a service animal is an inconvenience to educators.  I can sympathize with that, but how is it an inconvenience if it helps the child to be comfortable enough at school to learn?  The school could always ask for volunteers to walk a dog a few times a day, or to vacuum if the dog sheds.  They can require that the animal complete special training so that it is certified as a service animal.  It is just a matter of flexibility.  

It gets tricky when it comes to allergies.  It is hard to tell someone that their child must take medication of any kind, and from experience it is my impression that parents of special needs kids tend to be a little more particular about what they put into their kids, even if their "rules" aren't logical.  Some people (like myself) are even allergic to dog saliva.  I break out in hives if a dog licks me.  A trained service dog shouldn't be interacting with other children enough for this to be a problem, though.


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09-19-2012 04:30 AM
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