Reptile & Amphibian Forums

He was told the city of Ocean City would not allow his lizard on the boardwalk. Well, look what he did.
http://www.wboc.com/Global/story.asp?S=12900768
Link

I think the guy has a point. Good for him.
jsc
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"As hard as I've tried, just can't NOT do this"
John Crickmer

I think he is going to run into problems with the definitions of service animals.

See http://www.ada.gov/regs2010/titleIII_2010/reg3_2010.html

quote "Service Animal"
Section 36.104 of the 1991 title III regulation defines a "service animal" as "any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items." Section 36.302(c)(1) of the 1991 title III regulation requires that "[g]enerally, a public accommodation shall modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability." Section 36.302(c)(2) of the 1991 title III regulation states that "a public accommodation [is not required] to supervise or care for a service animal." endquote

and clarified a couple of paragraphs down as noted here
quote The Department´s final rule defines "service animal" as "any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the handler´s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. 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."

This definition has been designed to clarify a key provision of the ADA. Many covered entities indicated that they are confused regarding their obligations under the ADA with regard to individuals with disabilities who use service animals. Individuals with disabilities who use trained guide or service dogs are concerned that if untrained or unusual animals are termed "service animals," their own right to use guide or service dogs may become unnecessarily restricted or questioned. Some individuals who are not individuals with disabilities have claimed, whether fraudulently or sincerely (albeit mistakenly), that their animals are service animals covered by the ADA, in order to gain access to hotels, restaurants, and other places of public accommodation. The increasing use of wild, exotic, or unusual species, many of which are untrained, as service animals has also added to the confusion. endquote

There is more language that requires that the animal(dog) actually be trained to do some form of work further down if people chose to dig through it.

Ed

Well, "Companion Animal" might be more appropriate, but I do believe it is valid for the reasons stated. I know of persons prone to anxiety that are allowed to carry their lap dogs (Companion Animal) with them into stores (grocery stores and food establishments) for that very reason, as stated by the OP.
The Prayer Beads of the members of The Church of the Big Blue Dome.
jsc
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"As hard as I've tried, just can't NOT do this"
John Crickmer

Hi John,

Then they simply may be getting away with a bending or breaking of the "rules" as the definition under the ADA (which is what the guy with the iguana is claiming) is pretty clear on that point,
quote "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"endsquote

You can claim companion animal etc but you can't use the ADA for it..

Ed

I agree that it is abuse of the ADA by taking herps out in public and claiming them to be service animals to skirt a law. I consider these people exhibitionists.
However, if my state, county, or municipality ever passed a law making my herps illegal to own, I would definitely not hesitate to see a psychiatrist and make a claim for "accommodation" under ADA, that my reptiles, privately-owned and -kept inside my own home at all times, and never taken off my property, are indeed service animals necessary for my psychological well-being, if that would allow me to keep them legally.

ada

We should all do this.

"Daniel Greene, 46, credits the snake’s embrace for helping him live a fuller life. So much so, in fact, that he has vowed to fight a tabled proposal by the federal government that would prevent him and many others from taking what they consider their service animals into stores and restaurants."

Read more...

"Snakes are being recruited as animal "therapists" by the NHS to treat depression.

A London clinic is the first to use reptiles to help patients overcome low self-worth and "communication issues"."

Read more...

My serpent's embrace...makes me whole, no matter the place.
jsc
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"As hard as I've tried, just can't NOT do this"
John Crickmer

A couple of rather fascinating articles, to say the least.

As a disabled person who uses a service dog and is also a snake and reptile owner I have to reply to this post.

Snakes used to treat depression would be classified as therapy animals not service animals. Therapy animals are not given public access.

The difference between a service animal and a therapy animal is training. A service animal must perform certain tasks for the disabled person. These tasks require a great deal of training.

AS much as I love my reptiles, they simply cannot be trained and/or are physically incapable of performing these tasks.

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1.2 Ghost Corns, Beetlejuice, Casper and Spooky
1.1 Charcoal het pewter, Smokey and Flame
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0.1 Australian Shepherd, Angel (RIP Angel)
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0.1 Snow Corn
1 Ball Python
1 WC Yellow Rat
2 WC Normal Corns
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1.0 Dwarf Reticulated Pyton

Gypsy

As of July 23, 2010, the definition of "Service Animal" in the Americans with Disabilities Act was amended to:

"Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the handler's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. 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."

This means that only dogs now qualify for "service animal" status.