Emotional support animal gets allowed to accompany owner in school

Source: The Optimist

Source: The Optimist

Dani Bates, a sophomore nursing major from Arlington, finds comfort in her Emotional Support Animal, Lucy. Lucy helps Bates by reducing her stress at the university.

Bates had to comply with the all the requirements that would get Lucy approved to bring her into the hall. One of the requirements was a document that had to be signed by her doctor to confirm her medical condition. Her roommates also had to sign approval forms.

Since Lucy is an Emotional Support Animal, there are areas in the university where she is allowed and prohibited. ESAs that cause disruptions are to be reported by students. Luckily, Bates’ roommates have been very fond of Lucy. A roommate quoted, “she’s just like a fifth roommate.”

The university is considering to accommodate ESAs. Guidelines are being prepared as to what service animals will be allowed on campus. Full implementation of the new policy will take effect in the fall of 2017.

Article Source: The Optimist

Are you an owner of an assistance animal?

The Service Animal Registry of California invites you to have your assistance animal registered in order to designate the status of your support animal. We also encourage you to take our online classes so you can be fully aware of your rights and gain more knowledge about your support animal.

Finally, we present to you our book entitled, “ASSISTANCE ANIMAL LAWS: LEARN YOUR RIGHTS REGARDING SERVICE ANIMALS, EMOTIONAL SUPPORT ANIMALS, THERAPY PETS, AND OTHER DOGS, CATS, AND ASSISTANCE ANIMALS” to provide you with a complete education on assistance animals.

Purchase your copy of the book by clicking the text or image below.

ASSISTANCE ANIMAL LAWS: LEARN YOUR RIGHTS REGARDING SERVICE ANIMALS, EMOTIONAL SUPPORT ANIMALS, THERAPY PETS, AND OTHER DOGS, CATS, AND ASSISTANCE ANIMALS

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A veteran and his service dog got hired by Lowe’s

Photo courtesy: Mashable.com

Photo courtesy: Mashable.com

Just recently, a veteran and his service animal got hired by Lowe’s hardware store in Texas.

The story began when Air Force veteran Clay Luthy, applied for a job at the store. He was accompanied by Charlotte, his service dog which was a 10-year old golden retriever. Charlotte’s job was to make sure that Luthy got the support he needed should he fall. Luthy could not bend his left knee.

Jay Fellers, a human resource manager at Lowe’s, saw that both Luthy and Charlotte showed up for the interview. The hardware store was happy to hire them both.

Before Luthy landed a job at the store, he had difficulty getting employed by other companies. Now, you can spot Charlotte in her very own Lowe’s vest working alongside Luthy. Lowe’s customers have never been more delighted.

Article Source: Mashable.com

Are you an owner of an assistance animal?

The Service Animal Registry of California invites you to have your assistance animal registered in order to designate the status of your support animal. We also encourage you to take our online classes so you can be fully aware of your rights and gain more knowledge about your assistance animal.

Finally, we present to you our book entitled, “ASSISTANCE ANIMAL LAWS: LEARN YOUR RIGHTS REGARDING SERVICE ANIMALS, EMOTIONAL SUPPORT ANIMALS, THERAPY PETS, AND OTHER DOGS, CATS, AND ASSISTANCE ANIMALS” to provide you with a complete education on assistance animals.

Purchase your copy of the book by clicking the text or image below.

ASSISTANCE ANIMAL LAWS: LEARN YOUR RIGHTS REGARDING SERVICE ANIMALS, EMOTIONAL SUPPORT ANIMALS, THERAPY PETS, AND OTHER DOGS, CATS, AND ASSISTANCE ANIMALS

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Mom knew a diabetic service dog would be a big help to her daughter

Sandy Hamilton had done her research and she knew that a diabetic service dog would be a big help to her eleven year old daughter Amy.

After a recent seizure, a friend of the Hamilton’s started a Go Fund Me page to help with the cost of this potentially life-saving animal.

Two On Your Side shared the Hamilton’s story and a viewer, Jim Eagan of Colden stepped forward and offered to cover the costs associated with getting a service dog.

Now, thanks to Jim’s generosity, Sandy and her husband Dan are returning ALL the money donated for Amy’s service dog along with a heart-felt thanks for their kindness.

Coed sues after landlord banishes assistance dog

Coed sues after landlord banishes assistance dog

 Posted with permission
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Izzy, a 4-year-old miniature Chihuahua, is owned by a Grand Valley State University student who sued Meadows Crossing Apartments after its management denied her request to have Izzy live with her as a medically prescribed emotional support animal. (Photo courtesy of Fair Housing Center of West Michigan)
ALLENDALE, MI – A Grand Valley State University student is suing Meadow Crossing Apartments after its managers denied her request to have Izzy, her medically prescribed assistance dog, live with her.

Marissa Biesbrock, a second-year chemistry major, claims Izzy, a 4-year-old miniature Chihuahua, has helped reduce her symptoms of depression and anxiety disorder.

She and the Fair Housing Center of West Michigan are suing Silveri Management Company after she was denied a request to keep the dog in an apartment she planned to lease with three roommates near Grand Valley State University’s Allendale campus.

According to the March 19 complaint, Biesbrock “suffers from panic attacks, which cause her to experience a rapid increase in heart rates, tightening in her throat and stomach, bodily shaking, sleep deprivation and an overwhelming sense of danger.”

After she adopted Izzy several years ago, those symptoms were reduced, along with her need for anti-depressants, according to the lawsuit.

“Before Ms. Biesbrock had Izzy, any stressor in her life would trigger a panic attack, and she could not always anticipate when to take anxiety medication to prevent these attacks,” the lawsuit said.

“She found it very difficult to calm herself down on her own. With Izzy, however, the dog was able to sense when Ms. Biesbrock was about to experience an attack and could calm her down within minutes, often avoiding the attack altogether.”

The Fair Housing Center claims the apartment complex also has been told by the Michigan Department of Civil Rights that is in violation of state law by refusing her request to live with an assistance animal. At least two other requests for assistance animals have been denied by Meadows Crossing’s management, the lawsuit said.

Filed in U.S. District Court, the lawsuit claims the apartment’s denial to accommodate Biebrock’s disability is a violation of the U.S. Fair Housing Act and the Michigan Persons with Disabilities Civil Rights Act.

The lawsuit asks the court to find Silveri’s policy of not allowing assistance animals in violation of the law and enter an order allowing Izzy to live with her at Meadow Brook. The lawsuit also asks for unspecified damages and attorney fees.

Glenn Turek, president of Silvestri Management, declined to comment on the lawsuit on Monday, April 4. He said the company had just been served with the case.

“The Fair Housing Act guarantees people with disabilities the right to choose a place to live free from housing discrimination,” said Elizabeth Stoddard, director of advocacy for the Fair Housing Center.

“When a housing provider denies a reasonable accommodation request for an assistance animal, it is no less discriminatory than prohibiting someone’s use of a wheelchair,” Stoddard said.

“It is crucial to equal housing opportunity that housing providers properly understand and exercise their obligation to make reasonable accommodations for assistance animals,” Stoddard said.

“Companies in the business of providing housing are in the business of complying with fair housing laws, and that includes making reasonable accommodations for assistance animals,” said Nancy Haynes, executive director of the Fair Housing Center.

Jim Harger covers business for Mlive Media Group. Email him atjharger@mlive.com or follow him on Twitter or Facebook or Google+.

Veteran and her assistance service dog for PTSD denied hotel lodging

Cozmo the corgi might not look like your stereotypical service animal, but he is an essential part of his owner’s well-being. To do the job he was trained for, Cozmo must be able to go everywhere that his owner/handler Sandy Gessler goes — public space like restaurants, hospitals and hotels.

“He is not really a family pet, he is a little different,” Gessler said.

Gessler, was traveling on January 2 when she ran into a problem trying to find lodging. Though she made reservations with a local motel, when she arrived with Cozmo the manager asked her to leave, citing a no-pet policy.

“It was a really ugly feeling I had,” Gessler said.

The Americans with Disabilities Act states service dogs are not pets and are allowed in most public places, even if the business has a no-pet policy. Businesses that don’t accommodate a service dog are violating the law.

Gessler left the motel and found lodging elsewhere, but even there she didn’t receive a warm welcome. The second motel charged her an extra $10 for Cozmo to stay in the room, again against the ADA. She said the motel staff also asked for evidence or proof Cozmo was a service dog, also an illegal request.

“I find hotels very, very difficult to deal with,” Gessler said, adding she has had issues many times across the country.

The ADA clearly states businesses are only allowed to ask two questions regarding a service animal — “is the dog a service animal required because of a disability? And what work or task has the dog been trained to perform?”

Staff cannot ask for proof of a disability or ask for the dog to demo a task. Service dogs do not have to be specially licensed or registered and the owners do not have to carry special papers on them.

In Gessler’s case, her disability isn’t visible from the outside. It is an “invisible disability”.

“I deal with military post traumatic stress disorder,” Gessler said, who served 18 years in the military and did tours of duty during the Iraq War. She suffers from extreme anxiety, depression and even traumatic nightmares. In public, she can find it difficult to function, especially in unfamiliar places, such as when sleeping in a strange hotel room.

Cozmo, who has been with Gessler for 8 years, is trained to help Gessler remember to take her medication, help her through anxiety attacks, keep people at a distance when she is feeling uncomfortable, search strange rooms, bring her a phone when she needs to dial for help and many other tasks and commands. At night, Cozmo sleeps under Gessler’s bed, and will wake her from a nightmare or if she is deeply asleep due to her medications and depression and doesn’t respond to her alarm.

“Corgis are smart little dogs. This corgi is unbelievable,” Gessler said.

Service dogs who help with PTSD, other mental disabilities and diseases such as diabetes, epilepsy and heart disease are increasingly more visible. There are service dogs which can tell when its human partner is about to have a seizure, knows when a diabetic’s sugar levels are too high or too low and can even sense a chemical imbalance or blood pressure change, which can signal a cardiac event.

With so many different types of conditions, a wide range of breeds are now becoming trained service dogs. While a golden retriever might be good for a seeing eye dog, a dog as small as a Yorkie can be perfect as a PTSD service dog, depending on the person’s needs.

“It doesn’t matter the breed, as long as it finished the training. The breed is changing,” Gessler said.

The ADA make it possible for those with disabilities and service animals to live fuller lives.

“It facilitates those with disabilities to enjoy a life like we do. Why should that be denied to people with disabilities,” Commissioner Kevin Lindsey of the Minnesota Department of Human Rights said.

Dan McElroy, executive vice president of the Minnesota Lodging Association, said his organization puts out a legal guide each year for hotels, motels, resorts and other lodging businesses, outlining state and federal laws, including the ADA and service dogs.

He added many branded hotels educate their staff as well.

“We should accept service animals,” McElroy said.

One of the biggest problems facing businesses in regard to service dogs is fraud, McElroy said. There have been cases of people falsely proclaiming their animal as a service animal to get around a no-pet policy. This is illegal.

The ADA states only dogs, and in rare cases miniature horses, are considered service animals under the law. There is also a distinction between emotional support animals and service animals. Emotional support animals do not need special training and are not covered under the ADA.

However, because the ADA gives very little recourse for public places and businesses to question or not accept a service dog onto the premise, McElroy believes it is better to be safe than sorry.

“When in doubt, accommodate the dog as a service dog,” McElroy said.

Lindsey said with the aging population and more medical issues helped with the assistance of a service animal, it is going to become even more common to see service dogs in public spaces.

“The idea of people bringing service animals won’t be that unusual. They’re going to become more prevalent. It is nothing to be afraid of,” Lindsey said.

Gessler hopes the public and businesses become more educated about service dogs, especially those who serve a growing number of veterans with PTSD, traumatic brain injuries and other mental health issues. While the ADA accepts PTSD and mental illness service dogs, the Veterans Administration does not, though the VA is doing a three-year study on it.

“Society isn’t ready for this PTSD service dog,” Gessler said, and it leads to situations similar to the one Gessler found herself in while in Willmar.

“I would like businesses to be aware of the dos and don’ts of the law,” Gessler said.

Kent State University agrees to $145,000 settlement of federal lawsuit over assistance animals

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KENT, Ohio – Kent State University would allow assistance animals in university housing and would pay a couple $100,000 as part of a proposed consent decree to settle a fair-housing lawsuit filed by the U.S. Department of Justice.

As part of the deal, which is subject to approval by a federal judge, the university also would pay $30,000 to the Fair Housing Advocates Association in Akron and $15,000 to the federal government.

But the consent decree, submitted Monday by all parties, states that the university and other defendants “deny all of the allegations in the United States’ Complaint and deny that they have violated the FHA in any manner, and contend that at all times, they operated university housing at Kent State in compliance with all applicable statutes and regulations that prohibit discrimination.”

The Justice Department sued in September 2014, alleging the university, its board of trustees and university officials violated the Fair Housing Act by discriminating against students with disabilities in student housing.

The federal lawsuit arose following a complaint filed with the U.S. Department of Housing and Urban Development by Jacqueline Luke, who had sought to live with a dog following a university psychologist’s recommendation that the animal would help alleviate her anxiety.

Luke, who has been diagnosed with anxiety and panic disorder, moved into a two-bedroom apartment in the university-owned Allerton Apartments in fall 2008 with her husband, Brandon. She began having panic attacks in 2009 and was treated in the university’s health services office.

She requested a housing accommodation for an “emotional service animal” in December 2009. The couple learned two months later, after acquiring a dog, that the request was denied. They moved.

The university allows students to keep fish in university-owned student housing and also permits “service animals” who are trained to perform tasks for the benefit of a person with a disability.

The lawsuit said the university and its employees refused to allow students with psychological or emotional disabilities to have assistance animals in university housing and treated them less favorably than students with other types of disabilities such as mobility disabilities or vision impairments.

As part of the settlement, the university proposes to adopt a policy on reasonable accommodations and assistance animals in University Housing and post the policy in housing and on websites.

See the decree — click here.

An assistance animal does not necessarily need to be trained, and is not limited to any specific type of animal, the decree says. The animal is restricted to the residence and may not accompany the resident to other areas of the university without permission.

The university also would provide education and training to its employees regarding the policy, and would be monitored for three years.

The $100,000 would be paid to Luke and her husband.

“We believe the consent degree speaks for itself so we have no further comment at this time,” university spokesman Eric Mansfield said in an email.

“Kent State University is to be commended for reaching an agreement that will benefit its students,” U.S. Attorney Steven M. Dettelbach of the Northern District of Ohio said in a statement.  “This agreement will help many people who are working hard to earn their fair share of the American dream.”

Unbelievable: VA PTSD facility turns away veteran’s service dog?!?

Cooper the service dogFormer Army Spc. Kermit Scott was counting the days until Nov. 19, when he was to be admitted to a 30-day in-patient program run by the Veterans Affairs Department in Washington state.

Scott has experienced PTSD symptoms such as nightmares, social anxiety and anger since at least 2011 and felt the program, at the VA’s American Lake facility near Seattle, carried the promise of “being like normal.”

“I have friends who went through the program and it benefited them to the point where they could go out in public,” the veteran said.

But 13 days short of leaving for the program, Scott received a phone call from American Lake saying his service dog, Cooper, was not invited to come along.

The veteran, who deployed to Iraq and Afghanistan and earned a Purple Heart for injuries that include a gunshot wound, toe amputation and blast-related brain injuries, broke down and cried.

“It was devastating,” Scott said. “Cooper helps with my stability; he can tell when I’m having tremors and need assistance. He opens up doors, turns on the lights, gets my shoes.”

Many VA facilities allow service dogs; in 2014, the department modified its policies to allow trained service dogs into nearly all areas of its facilities and medical centers, as long as they are under the control of their handlers and the animals are trained to perform a task for a person with a disability.

But the regulation does not apply to most in-patient treatment programs at VA; directors of the department’s medical centers and clinics have discretion to choose whether a service dog can accompany a veteran to treatment. And in cases of acute inpatient care or inpatient mental health treatment, dogs are allowed only if they are part of a documented treatment plan.

“We have to manage the situation, putting the veteran first, and the ability for a local decision to be made by a director gives them the maneuverability to do that,” explained Troy Brown, senior security officer at the Veterans Health Administration.

But the department is weighing a change to the policy, publishing a notice in the Federal Register on Nov. 26 seeking public comment about the viability of allowing service dogs to stay on VA property with their veterans “for extended periods of time while the veteran is being treated in a residential treatment setting.”

Brown said the VA wants to accommodate veterans who rely on their service animals while being mindful of other patients.

“I foresee [this policy] being expanded and the notice is a step to get us started and work on the process,” Brown said.

Cooper, a Labrador retriever, is a trained mobility assistance dog who can perform 90 tasks, not least serving as Scott’s constant companion for two years, a job that gives Scott’s primary caregiver, his wife, peace of mind when she leaves the couple’s home in Fairbanks, Alaska.

The decision by American Lake came as a surprise, Scott said, because he thought the VA was required to comply with the Americans with Disabilities Act.

But as an executive branch entity, VA is exempt from the ADA, which requires private businesses or most public buildings to give access to service dogs at their facilities.

The changes VA made in 2014 to its service dog policies were designed to better align the department with ADA requirements. But VA still reserved the right to decide whether a service dog can accompany a veteran in an acute inpatient setting or residential treatment program.

In Scott’s case, the VA Puget Sound Health Care System, which oversees the American Lake facility, exercised that authority.

“I was like, ‘You’ve got to be kidding me.’ I tried therapy and it just ripped off the scar. I really want to do this program,” he said.

In a statement to Military Times, VA Puget Sound Health Care System officials said they “had not denied admission to any veteran due to [their] service animal policy.”

But they added: “Standard operating procedures for accepting a service animal into the treatment program were not in place due to the myriad accommodations that needed to be addressed.

“These include everything from managing the other 60-plus patients who may have complex medical conditions, such as allergies, or psychological issues related to animals, to addressing the toileting needs of service animals during hours the unit is ‘locked down.’ Prior to this new policy being implemented, veterans seeking admission entered the program without their service animal,” the statement went on.

The admission process has since been altered, according to the statement.

The change comes too late for Scott, who found another inpatient program that allows him to bring Cooper along. He will travel to Boise, Idaho, on Jan. 18 to start treatment at another VA facility.

“How surprising now, all of sudden after my complaint with the ADA and senators, [VA American Lake] hurries to put in place the policy to accept dogs to the program,” Scott said. “It’s the right thing to do. You have a lot of veterans out there who have service dogs.”

HUD announced today it is charging landlords of high-rise in New York with violating the Fair Housing Act by refusing emotional support animal

The U.S. Department of Housing and Urban Development (HUD) announced today that it is charging the owners and landlords of a high-rise complex in New York City with violating the Fair Housing Act by refusing to allow a resident with disabilities to have an emotional support animal.

HUD’s charge alleges that Friedman Residence, LLC (formerly called the Aurora), Common Ground Management Corporation, and The Actors’ Fund of America refused to accept that the resident required a dog to cope with the symptoms of his disability.  Read HUD’s charge.

The Fair Housing Act requires housing providers to make reasonable accommodations in policies or practices when a person with a disability requires such accommodations, including granting waivers to “no-pet” policies for persons who require assistance or support animals.

Additionally, the law makes it unlawful to make housing unavailable to any person because of a disability.

“It’s not a landlord’s role to determine what a resident with disabilities needs in order to perform life’s daily functions,” said Gustavo Velasquez, HUD Assistant Secretary for Fair Housing and Equal Opportunity.

“Landlords have an obligation to grant reasonable accommodations when they are needed and HUD will continue to work to ensure that they meet that obligation.”

The case came to HUD’s attention after the resident, who has a psychiatric disability, filed a complaint with HUD alleging that his right to have an emotional support animal was denied.

The man lives in a two-bedroom apartment at The Dorothy Ross Friedman Residence, a 30-story supportive housing residence for senior citizens, working professionals and persons living with HIV/AIDS that is sponsored by the Actors’ Fund, a New York nonprofit for performing arts and entertainment professionals. When the tenant moved into Friedman Residence in 2004 he did not have a support animal.

However, in 2010 the resident began being treated by a licensed clinical psychologist and a year later bought a small dog. After recognizing an improvement in the man’s condition, his doctor recommended that he register the animal as an official emotional support animal. In February 2013, the landlords initiated eviction procedures against the man due to the presence of the dog.

The man subsequently provided the property management director with documents from his doctor and the National Service Animal Registry showing that the dog was an emotional support animal, but instead of accepting the documentation, the landlords sent the man a final “Notice of Termination,” stating that he had not sufficiently demonstrated his need for the animal.

Legal proceedings between the resident and the landlords in New York County Civil Court were stayed while this charge was investigated. HUD’s charge will be heard by a United States Administrative Law Judge unless any party to the charge elects to have the case heard in federal district court.

If an administrative law judge finds after a hearing that discrimination has occurred, he may award damages to the man for the harm caused him by the discrimination. The judge may also order injunctive relief and other equitable relief, as well as payment of attorney fees. In addition, the judge may impose fines to vindicate the public interest.

If the matter is decided in federal court, the judge may also award punitive damages. In FY 2014, disability was the most common basis of complaints filed with HUD and its partner agencies, being cited as a basis for 4,606 complaints, or 54 percent of the overall total. Read HUD’s notice regarding service or companion animals.

Persons who believe they have experienced discrimination may file a complaint by contacting HUD’s Office of Fair Housing and Equal Opportunity at (800) 669-9777 (voice) or (800) 927-9275 (TTY).

Housing discrimination complaints may also be filed by going to www.hud.gov/fairhousing, or by downloading HUD’s free housing discrimination mobile application, which can be accessed through Apple devices, such as the iPhone, iPad, and iPod Touch.

A Chicago restaurant has apologized after a military veteran was asked to leave the eatery because of his service dog

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A Chicago restaurant has apologized after a military veteran was asked to leave the eatery because of his service dog.

Maj. Diggs Brown, a veteran of the Army Special Forces, said he and his service dog Arthur Barker Black were denied service at Cochon Volant in the city’s Loop, where they went for breakfast Saturday.

For the full story, visit the NBC website: http://www.nbcchicago.com/news/local/Chicago-Restaurant-Apologizes-After-Vet-Told-to-Leave-Because-of-Service-Dog-327463931.html#ixzz3m7cUYrIp