Was the Federal Minimal Protection law changed? As to the Federal law changing re: Public Access and Minimal Protection there has not been any changes in the law itself but in the simplifying of the definition. In 2010, the DOJ came out with clarification on what was meant by "minimal protection". Per the DOJ on the topic: ... In the Department’s ‘‘ADA Business Brief on Service Animals’’ (2002), the Department interpreted the ‘‘minimal protection’’ language within the context of a seizure (i.e., alerting and protecting a person who is having a seizure). ... Commenters stated that there appears to be a broadly held misconception that aggression-trained animals are appropriate service animals for persons with post traumatic stress disorder (PTSD). ... the work or tasks performed appropriately by such an animal would not involve unprovoked aggression but could include actively cuing the individual by nudging or pawing the individual to alert to the onset of an episode and removing the individual from the anxiety-provoking environment. ...the Department recognizes that an animal individually trained to provide aggressive protection, such as an attack dog, is not appropriately considered a service animal. Since then, the term "minimal protection* has been changed to *nonviolent protection* to clarify the original intent with easier to understand language. The DOJ later wrote a clarification of the ADA Business Brief re: "protecting a person who is having a seizure" to mean tasks such as a dog trained to lead the handler to a safe place or keeping the handler from wondering out into traffic while recovering. Before that and later attempts such as the official DOJ clarification of the term in 2010, there were many heated debates within the SD community on the topic. There were some trainers and companies who sold dogs that should never have been allowed but came in through the incorrect interpretation of the law. For those who wish to read more on the above statements in the full context as written, they and other points can be found in ... Americans With Disabilities Act Title II Department of Justice September 15, 2010 Under the section -- Providing minimal protection. ada.gov/regs2010/titleII_...egulations.pdf ~ Theresa
Posted on: Wed, 24 Jul 2013 11:42:33 +0000
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