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303 - ADOPTED - Urges Policies to Accommodate Disabled Persons Using Service Animals

303 - ADOPTED - Urges Policies to Accommodate Disabled Persons Using Service Animals

By Daniel Buchanan

RESOLVED, That the American Bar Association urges all federal, state, territorial, and local legislative bodies to repeal or amend all laws or policies inconsistent with the regulations implementing the Americans with Disabilities Act and to implement policies to ensure that persons with disabilities utilizing service animals are provided access to services, programs and activities of public entities and public accommodations in compliance with the regulations implementing the Americans with Disabilities Act in a manner that:

  1. Permits the use of a service animal for individuals with physical, sensory, psychiatric, intellectual, or other mental impairments;

  2. Provides an individualized determination of whether an animal meets the definition of service animal, recognizing that service animals do a wide range of work or tasks for individuals with disabilities;

  3. Provides for a size, weight and breed-neutral policy, utilizing a case-by-case analysis to determine whether a particular animal can be excluded from a public entity or public accommodation based on the particular’s animal’s actual behavior; and
  4. Encourages the enforcement by the United States Department of Justice and other governmental authorities with responsibility for implementing the Americans with Disabilities Act, in situations where individuals with disabilities utilizing service animals are denied access to services, programs and activities of public entities and public accommodations.

Proposed Resolution and Report [MS WORD]

Resolution [PDF]

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