Friday, June 15, 2012

TRAVELING WITH A SERVICE DOG...BON VOYAGE !


Training Your Own Dog


Traveling with a service dog requires some planning on your part. Whether you travel by car, bus, train, or airplane, you are allowed to take your service dog with you. It just requires some planning.

Airline Travel
Travelling by airline takes a bit of planning. When you call for a reservation, do NOT mention your service dog. Airlines have been known to say that a flight is full when someone has said they are bringing their service dog with them. Get your reservation, with aconfirmation number.

If you would like to sit in bulkhead seating, which may or may not have more legroom, call the airline back in 30 minutes or so, and tell them that you are bringing your service dog with you. You ONLY need to do this if you are requesting bulkhead seating.

The Air Carriers Accessibility Act (ACAA) requires that the airlines get 24 hours notice for requests of bulkhead seating, and 48 hours notice for an onboard wheelchair to use an inaccessible lavatory. Except for the bulkhead seating issue, you will need to contact the airline 48 hours in advance. My suggestion is to tell the airline after you have your confirmation number, just call them back. This way you don't have to remember to call them 24 or 48 hours before your flight. However, you do NOT have to sit in bulkhead if you don't want to. Many persons with guide dogs prefer to sit in regular coach seating. The airlines, however, are taking the ACAA to the extreme, in demanding that passengers sit in bulkhead whether they want to or not. However, airlines can restrict seating in the following case: "Carriers must permit a service animal to accompany a traveler with a disability to any seat in which the person sits, unless the animal obstructs an aisle or other area that must remain clear in order to facilitate an emergency evacuation, in which case the passenger will be assigned another seat."

In regards to restricted seating, the ACAA says, "Airlines may not keep anyone out of a seat on the basis of disabilty, or require anyone to sit in a particular seat on the basis of disability, except as an FAA safety rule requires. FAA's rule on exit row seating says that carriers may place in exit rows only persons who can perform a series of functions necessary in an emergency evacuation." The airlines may also move a passenger "If a service animal cannot be accommodated at the passenger's assigned seat, the carrier shall offer to move the passenger to an alternative seat that can accommodate the animal."

Airlines have consistantly turned their bulkhead seating into exit row seating, therefore, reducing the places that a disabled person can sit with their service dog. And airlines expect you to place your feet, or allow others to place their feet on your dog when they fly, by seating people in seats next to you, or making you put your dog right where YOUR feet go. This is NOT allowed, and you should never do this. If the airline has bulkhead seating that doesn't give you enough room for your dog, or the bulkhead seating is unavailable due to it being an exit row, demand to speak with the CRO and ask that the airline NOT place anyone next to you (could be the two seats in your row, even and if they won't do that, then ask to be moved to first class. It's not YOUR fault the airlines are deliberately reducing bulkhead seating space, and trying to make it so a disabled person has to place their dog in an uncomfortable position.

If the airline refuses, contact me and we can deal with the issue at a later date. Unfortunately, the ACAA doesn't give the provision that attorney's fees are paid by the losing party, so most disabled won't be able to afford to sue the airlines and the airlines KNOW this, and take advantage of it.

If you're going to be sitting in regular coach, or first class, you can just show up at the airport with your dog. The ACAA says that "Carriers must permit dog guides or other service animals with appropriate identification to accompany an individual with a disability on a flight. Identification may include cards or other documentation, presence of a harness or markings on a harness, tags, or the credible verbal assurance of the passenger using the animal." This means they can not demand an ID card if your dog is dressed in a harness, or cape, or if you tell them the dog is a service dog. However, if you have a psychiatric disability, the ACAA does allow airlines to ask for a letter from your doctor stating you have a disability and that you require the presence of a animal for your well-being. This is if you have an emotional support animal ONLY, not if you have a service dog, trained to mitigate your disability. The airlines do not have the right to know what your disability is.

People with disabilities have the right to pre board the aircraft prior to all other passengers. Airlines typically begin boarding 30 minutes before the scheduled flight time. Therefore to pre board and get settled with your service dog you should arrive at the gate no less than 40 minutes before flight time. You should inform the gate agent of your desire to pre board and then stay near the gate so that you can be located for pre boarding.

You do not need a health certificate for your service dog. These certificates are only required for dogs shipped as CARGO. This is an undue hardship to require such a certificate (which typically are only good for 10 days), when travelling in the US.

In passing through security checkpoints at airports, you must allow the airport personnel to either use a hand wand (if they have one) to pass over you, or to hand search you. This is for the safety of all persons in the airport, and even though you're disabled, you have to go through the same thing. Your dog is also supposed to be searched. If your dog is wearing detachable backpacks, remove them and put them through the X-Ray machine. If your dog has backpacks that can't be removed (without undressing the dog), request that the airport personnel do a hand check of your dog and his equipment. Many personnel will not want to touch your dog, but I demand it, because they need to know that they have to check EVERYONE.

The Transportation Security Administation has a page that addresses the security issue for those with disabilities.

Aircraft of more than 100 seats are required to provide priority in cabin storage space for at least one folding wheelchair. Smaller aircraft are also required to provide such in cabin storage if they have a closet large enough to hold a folded wheelchair. Wheelchairs have priority over all other luggage and items unless the aircraft has passengers on board with baggage stored in the closet from a prior stop on the flight. Wheelchair have priority over first class passengers' luggage and the luggage of the flight crew and the cabin crew.

Here is a PDF copy of the Air Carriers Act for download... Air Carrier Access Act. This requires Adobe Acrobat reader. Right click on it to save to your own computer.


Tips
If your dog hasn't flown before, then you should visit the airport and take your dog around to get him accustomed to the sounds and smells. Go to the airline that you will be flying on and ask if there is any way to let you and your dog onto a plane that is on the ground. Some airlines will do this, so you may go aboard and get your dog accustomed to the narrowness of the aisles, and such.

Bring a blanket with you for your dog to lay on, as the floors of aircraft can be cold. Provide your dog with a chew toy to occupy him during take off and landing, when the engine sounds are extremely loud.

Pack your dog's food in your luggage, with a 1 or 2 day supply in your carry on luggage, or in your dog's pack. Also consider using bottled water, so that your dog doesn't have problems with the local water (diarrhea).

Your mobility devices do not count against the two pieces of carry on luggage everyone is allowed to take on the plane. I have travelled with my service dog, a pair of crutches, my manual wheelchair, and cushion. On my dog, were backpacks, with a blanket, food, water, extra leashes, chew toys and treats.

Pre-board with your dog so you can get him settled before the other passengers board. Once he's on his blanket, give him a chew toy to play with while the other passengers board. He will most likely be interested in all the people going by, as this vehicle is like nothing he's ever seen before.

Dogs do not have the ear problems that humans have, so they don't need to chew anything when flying. The chew toy distracts them from the engine sounds and from the fact that the floor just tilted sharply!

Do not give your dog food and water in the morning, so that he won't have to potty, during the flight. Before you enter the airport, give your dog a chance to take care of business, and then check in. If you have connecting flights, make sure there is enough time for you to take your dog potty before your next flight leaves. Airline and airport personnel do not have to take your dog out for a walk, that is YOUR responsibility, however, I know many airline personnel that love to do so, and will ask you if they can.


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U.S. Department of Justice Civil Rights DivisionDisability Rights Section



COMMONLY ASKED QUESTIONS ABOUT
SERVICE ANIMALS IN PLACES OF BUSINESS


1. Q: What are the laws that apply to my business?
A: Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed.
2. Q: What is a service animal?
A: The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.
Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. Guide dogs are one type of service animal, used by some individuals who are blind. This is the type of service animal with which most people are familiar. But there are service animals that assist persons with other kinds of disabilities in their day-to-day activities. Some examples include:
_ Alerting persons with hearing impairments to sounds.
_ Pulling wheelchairs or carrying and picking up things for persons with mobility impairments.
_ Assisting persons with mobility impairments with balance.
A service animal is not a pet.
3. Q: How can I tell if an animal is really a service animal and not just a pet?
A: Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability. However, an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability. Therefore, such documentation generally may not be required as a condition for providing service to an individual accompanied by a service animal. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability.
4. Q: What must I do when an individual with a service animal comes to my business?
A: The service animal must be permitted to accompany the individual with a disability to all areas of the facility where customers are normally allowed to go. An individual with a service animal may not be segregated from other customers.
5. Q: I have always had a clearly posted "no pets" policy at my establishment. Do I still have to allow service animals in?
A: Yes. A service animal is not a pet. The ADA requires you to modify your "no pets" policy to allow the use of a service animal by a person with a disability. This does not mean you must abandon your "no pets" policy altogether but simply that you must make an exception to your general rule for service animals.
6. Q: My county health department has told me that only a guide dog has to be admitted. If I follow those regulations, am I violating the ADA?
A: Yes, if you refuse to admit any other type of service animal on the basis of local health department regulations or other state or local laws. The ADA provides greater protection for individuals with disabilities and so it takes priority over the local or state laws or regulations.
7. Q: Can I charge a maintenance or cleaning fee for customers who bring service animals into my business?
A: No. Neither a deposit nor a surcharge may be imposed on an individual with a disability as a condition to allowing a service animal to accompany the individual with a disability, even if deposits are routinely required for pets. However, a public accommodation may charge its customers with disabilities if a service animal causes damage so long as it is the regular practice of the entity to charge non-disabled customers for the same types of damages. For example, a hotel can charge a guest with a disability for the cost of repairing or cleaning furniture damaged by a service animal if it is the hotel's policy to charge when non-disabled guests cause such damage.
8. Q: I operate a private taxicab and I don't want animals in my taxi; they smell, shed hair and sometimes have "accidents." Am I violating the ADA if I refuse to pick up someone with a service animal?
A: Yes. Taxicab companies may not refuse to provide services to individuals with disabilities. Private taxicab companies are also prohibited from charging higher fares or fees for transporting individuals with disabilities and their service animals than they charge to other persons for the same or equivalent service.

9. Q: Am I responsible for the animal while the person with a disability is in my business?
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 sports 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).


July 1996                                   

Last updated January 14, 2008   

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