[Michlib-l] Service animals and emotional support animals

Wed Feb 14 10:21:04 EST 2018

I really like that fact sheet, Clare, thanks. I also recently heard a speaker on this topic, and I'm attaching the handout I received at that presentation.

Karen Knox
Director
Orion Township Public Library
825 Joslyn Road
Lake Orion, MI 48362
(248) 693-3000 x305
kknox at orionlibrary.org

-----Original Message-----
From: michlib-l-bounces at mcls.org [mailto:michlib-l-bounces at mcls.org] On Behalf Of Membiela, Clare (MDE) via Michlib-l
Sent: Tuesday, February 13, 2018 4:51 PM
To: michlib-l at mail.mcls.org
Subject: Re: [Michlib-l] Service animals and emotional support animals

The Michigan Department of Civil Rights has an excellent FAQ sheet on this that makes a great patron handout.

http://www.michigan.gov/documents/mdcr/FAQs-05-03-17_560688_7.pdf

Thanks!
Clare

Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
MembielaC at michigan.gov
517-335-8132

The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.

February is Career and Technical Education Month in Michigan www.michigan.gov/octe

-----Original Message-----
From: michlib-l-bounces at mcls.org [mailto:michlib-l-bounces at mcls.org] On Behalf Of Kevin King via Michlib-l
Sent: Tuesday, February 13, 2018 3:47 PM
To: WAY Carol DeBoer <waycd at llcoop.org>; Rudy Wright <rwright at parchmentlibrary.org>; michlib-l at mcls.org
Subject: Re: [Michlib-l] Service animals and emotional support animals

I have researched this topic and even talked to the Federal ADA Office in DC. The bottom line is that the dog (only dogs or miniature horses can be service animals) must be trained to perform a task that helps a patron with their disability. Simply making them feel better is not a valid reason. Also, a note, training certificate, cape, or special leash are not necessary. Many patrons will claim that their animal helps them "feel good" but federal, ADA, law states that emotional support or therapy animals are not service animals. The guards at KPL receive extensive training to determine what is actually a service animal. Staff are made aware of the law when hired.

Below is what is the info posted to staff. I encourage you to read it carefully:

What is a service animal?

Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Service animals perform some of the functions and tasks that the person with a disability cannot perform for him or herself. A service animal is not a pet. Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA.

Where are service animals 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 of the facility where the public is normally allowed to go.

How can I tell if it’s a service animal?

When it’s not obvious what service an animal provides, only limited inquiries are allowed.

Staff may only ask these two questions:

Is the dog a service animal required because of a disability, and What work or task has the dog been trained to perform?
You may not ask about a person’s disability, require medical documentation, require a special identification card or training documentation for the service animal or ask that the service animal demonstrate its ability to perform the work or task.

Does the service dog need to be on a leash?

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.

What if someone is allergic to dogs?

Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals.

Can someone be asked to leave if the service animal is being disruptive?

Yes, a person with a disability may be asked to remove the service animal from the premises if:

The dog is out of control and the handler does not take effective action to control it, or The dog is not house broken.
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.

Miniature Horses

Revised ADA regulations have a separate provision for miniature horses that have been specifically trained to do work or perform tasks for people with disabilities.

What are the requirements?

A miniature horse generally ranges in height from 24 to 34 inches measured to the shoulders and weighs between 70 and 100 pounds. There are four assessment factors that determine whether a miniature horse can be accommodated in a facility:

https://www.ada.gov/service_animals_2010.htm 

http://www.michigan.gov/mdcr/0,4613,7-138-74964—,00.html

Do not hesitate to contact me if you need clarification.

Sincerely,
Kevin

Kevin King
Head, Branch and IT Services
Kalamazoo Public Library
(269) 553-7881

On 2/13/18, 3:18 PM, "michlib-l-bounces at mcls.org on behalf of WAY Carol DeBoer via Michlib-l" <michlib-l-bounces at mcls.org on behalf of michlib-l at mcls.org> wrote:

    I guess I would like to speak to the fact that "anyone" can say their 
    "pet" is an emotional support animal. We have the policy that if they have 
    a written statement from their doctor then the animal may be allowed in 
    the building. Service animals with the proper vests are no problem. 
    Otherwise it is a "no pets allowed" rule.

    Hope this helps.

    Carol DeBoer
    Circulation Supervisor
    Henika District Library
    149 S. Main
    Wayland, MI  49348
    269-792-2891
    waycd at henikalibrary.org

    ---------- Original Message -----------
    From: Rudy Wright via Michlib-l <michlib-l at mcls.org>
    To: "michlib-l at mcls.org" <michlib-l at mcls.org>
    Sent: Tue, 13 Feb 2018 20:03:07 +0000
    Subject: [Michlib-l] Service animals and emotional support animals

    > We are seeing an increasing number of "emotional support animals" 
    > coming into the library. We have always respected and welcomed 
    > service animals accompanying our patrons, of course. And, we have 
    > been given the relevant laws from Clare. Differentiating between the 
    > two groups and understanding our legal obligations aren't the issues.
    > 
    > How do you maintain a welcoming, comforting environment for ALL 
    > patrons? Is a strict "No Pets Allowed" policy the best solution? Do 
    > you manage things on a case-by-case basis, requiring the same 
    > behavior and habits from ESAs and their owners, and deal only with 
    > disruptions just as you would with a service dog? What differences 
    > might you have between policy and practice?
    > 
    > If you would all please share your point-of-view with me I will, in 
    > return, share the findings. Thanks for help with this "hairy" issue.
    > 
    > Rudy C. Wright
    > 
    > Assistant to the Director
    > 
    > Parchment Community Library
    > 
    > 401 S. Riverview Dr.
    > 
    > Parchment, MI 49004
    > 
    > 269-343-7747
    > 
    > parchmentlibrary.org
    > 
    > "Don't be afraid to go in your library and read every book." --
    >  Dwight D. Eisenhower
    > 
    > --
    > This message has been scanned by E.F.A. Project and is believed to 
    > be clean.
    ------- End of Original Message -------

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