Change of Plans

So, this post will be a rather brief but informative one. After some careful thought and research, I have decided to move this fledgling blog off of blogger and utilize tumblr instead. There are a myriad of reasons for this. First and foremost, blogger is a platform which works extraordinarily well for blogs which are primarily text based. However, as soon as you try and add multimedia content the platform tends to get very picky about what it will accept, and the blog’s formatting or functionality becomes very funky. Tumblr is much better suited to a multi-modality approach to blogging.

Additionally, over the past few days I have not been able to update this blog as much as I would like. I have had a fair amount of down time lately, though I am not always able to be at my computer when this occurs. Therefore, I have been doing my service dog research while on the go. A few times I have found things that I have really wanted to share, but have not been able to update my blog on my mobile devices. When I have gotten home and tried to find the links again, or remember the thoughts that I wanted to put down from my own personal experiences, I can never seem to do so with what I feel is sufficient accuracy. Now that I am moving the blog to tumblr, I will be able to use the tumblr app on my iPhone to update when it is convenient for me to do so.

To be honest, I had thought about using tumblr in the very beginning, but resisted. I felt that the blog I was trying to write might not fit in well with the general atmosphere of the tumblr community. They really are a quirky bunch who have been known to have very passionate reactions to things.  I really had to question whether I was prepared and able to put up with people who might be a bit judgmental. But now, I’ve decided I really don’t much care. If people respond to my blog in that way, then that only means I have a greater opportunity and responsibility to proactively educate those around me.  I have as much right as anyone else to create and express myself in a way which makes me feel comfortable. So, tumblr will be my new “home” blogwise.

I am really looking forward to documenting my experience through several diverse mediums as it continues to unfold, and making some of the things I have found most useful (from YouTube videos to pictures and news articles) available to you all in an easily accessible format. Thank you for your patience as I’ve worked the kinks out of this endeavor.

Yours,

Michelle

A Little Legalese

As I stated in my previous blog post, this blog is primarily meant to chronicle and share my personal journey of becoming partnered with a service dog. However, from time to time there will also be posts that are primarily informational, and this is one of those times. I felt that before I could share more of my personal story, I needed to clearly provide some definitions which are crucial to understanding the rights of people with disabilities when it comes to the use of a service animal.

Firstly, what exactly constitutes a service animal?

According to the Americans with Disabilities Act, the federal human rights law which protects individuals with disabilities in the United States, a service animal is defined in the following manner.

“Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

This definition does not affect or limit the broader definition of “assistance animal” under the Fair Housing Act or the broader definition of “service animal” under the Air Carrier Access Act.

Some State and local laws also define service animal more broadly than the ADA does. Information about such laws can be obtained from the State attorney general’s office.” (from http://www.ada.gov/service_animals_2010.htm)

Miniature horses are the only other animal that the ADA currently recognizes as service animals.

Since service animals are clearly stated to serve the purpose of assisting a person with a disability, it also would be wise to consider what criterion an individual must meet to qualify as disabled under the ADA.

“An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.” (from http://www.ada.gov/cguide.htm#anchor62335)

According to the national ADA website, major life activities are defined as

“…those functions that are important to most people’s daily lives. Examples of major life activities are breathing, walking, talking, hearing, seeing, sleeping, caring for one’s self, performing manual tasks, and working. Major life activities also include major bodily functions such as immune system functions, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.” (from http://adata.org/faq-page [listed under general ADA questions])

Under the ADA, service dogs are viewed as a form of reasonable accommodation, similarly to things like a wheelchair, access to medications, and so forth. As such, service dogs themselves do not have rights under the law, but their handlers do. There are various contexts in which it becomes important to recognize this distinction, such as when dealing with questions of public access, or employment. These topics will be further discussed in additional blog posts, but I mentioned this here so as to hopefully make the following information on the rights of service dog handlers easier to comprehend.

Two other laws, mentioned earlier in this post, have a significant role in ensuring equal access to facilities, goods and services for individuals with disabilities. They are the Fair Housing Act, and the Air Carrier Access Act.

The Fair Housing Act says the following with regard to service animals:

·         “Landlords may NOT impose breed, size, height, weight or species restrictions on service animals.

·         There should be a clear connection between the handler’s need for the service animal and the tasks it performs.

·         Service animals can serve many purposes and mitigate many disability types. Any service animal used for such mitigation, regardless of the disability type, must be accommodated provided the tenant provides appropriate documentation or information if asked.

·         Landlords can require verification that the tenant is disabled, and that the animal is a service animal.

·         Landlords can require that the service animal show good behavior, be consistently supervised by its handler and be in good health, (e.g. being up-to-date on vaccination). It is also acceptable for the landlord to request that the service animal relieve themselves in designated appropriate locations if necessary.

·         Landlords may not charge pet fees to handlers of service animals, and may not impose a pet deposit during move in. However, the landlord may assess other fees which are assessed to all tenants such as cleaning fees. Damages are the responsibility of the tenant.

·         Landlords may render certain areas off limits to a service animal, but the service animal may be allowed to wait just outside the off limits area for the handler.

·         If other tenants are afraid of or allergic to the service animal, this does NOT grant landlords the right to request that the service animal be removed, or unexpectedly evict the tenant. Rather, fear does not constitute a disability, so does not necessarily require accommodation of this nature. In terms of allergies, most are mild and the landlord has the right to advise the tenant to utilize various available remedies to relieve the discomfort.” 

(from http://www.landlordassoc.org/articles/WhatLandlordsShouldKnowAboutServiceAnimals.pdf)

The Air Carrier Access Act contains the following language and provisions concerning service animals:

 

Ҥ 382.37 Seat assignments.

(c) If a service animal cannot be accommodated at the seat location of the qualified individual with a disability whom the animal is accompanying (see § 382.55(a)(2)), the carrier shall offer the passenger the opportunity to move with the animal to a seat location, if present on the aircraft, where the animal can be accommodated, as an alternative to requiring that the animal travel with checked baggage.

 

§ 382.38 Seating accommodations.  

(3) For an individual traveling with a service animal, the carrier shall provide, as the individual requests, either a bulkhead seat or a seat other than a bulkhead seat.

§ 382.55 Miscellaneous provisions.

 

(a)    Carriers shall permit dogs and other service animals used by persons with a disability to accompany the persons on a flight.

 

(1)   Carriers shall accept as evidence that an animal is a service animal identification cards, other written documentation, presence of harnesses or markings on harnesses, tags, or the credible verbal assurances of the qualified individual with a disability using the animal.

(2)   Carriers shall permit a service animal to accompany a qualified individual with a disability in any seat in which the person sits, unless the animal obstructs an aisle or other area that must remain unobstructed in order to facilitate an emergency evacuation.

 

(3)   In the event that special information concerning the transportation of animals outside the continental United States is either required to be or is provided by the carrier, the information shall be provided to all passengers traveling with animals outside the continental United States with the carrier, including those traveling with service animals.

 

(b)   Carriers shall not require qualified individuals with a disability to sit on blankets.

 

(c) Carriers shall not restrict the movements of persons with a disability in terminals or require them to remain in a holding area or other location in order to be provided transportation, to receive assistance, or for other purposes, or otherwise mandate separate treatment for persons with a disability, except as permitted or required in this part. “

 

(from: http://servicedogcentral.org/content/node/63)

 

It is important to remember also, these are simply the federal laws which are out there. It is highly prudent to also look into the state and local laws where you live when you are contemplating a service dog. Federal laws supersede state and local laws and statutes in the case where both make mention of a given topic, however, it is wise to know as much as you can and be ready to advocate for your rights if necessary.

Whew! That’s a LOT of legalese, but it will all prove helpful as I continue to progress through my journey and post about the experiences it entails on my blog. Since this post is already a long one, I think I will cut it short here and continue explaining my personal situation and decision to get a service dog in another post. Stick with me!

 

 

Michelle

Disclaimer

After reviewing my initial post on this blog, I realized I really hadn’t put in any sort of disclaimer. Rather than edit the post, I felt it was necessary to devote my second post to this disclaimer to ensure that people will hopefully read it. This blog, and the posts I make within it, are my personal work, unless otherwise noted. Additionally, any links or images that I post which are NOT mine will be carefully cited and proper credit will be given to their authors/creators.

One of the reasons that I felt this disclaimer was necessary is because I am sharing my personal experiences, insights, and recollections for the most part. While this blog might help you or your loved ones have a better idea of what to expect when getting or working with a service dog, it is certainly not the end all be all. Everyone’s experiences with training programs, service dogs, etc. will be slightly different and that’s okay. I am simply choosing to share mine. In a similar vein, information that I share on this blog will for the most part consist of what I think is most relevant to my personal situation. You may find it useful, or you may not.  I may, from time to time, post things which are more generalized in nature, or which answer questions from readers. I will clearly denote these occasions within the blog posts.

 

Finally, comments. I would welcome feedback from readers, and currently have no restrictions on this blog as far as comments are concerned. I am still learning and moving through this process, and others may help me discover things I have overlooked and need to consider. However, if spam or abusive comments become an issue, I will not hesitate to change the settings. I will notify readers of any changes to these settings in a blog post.

 

Thank you for understanding.

 

Michelle

Somewhere to Start

Welcome! Congratulations! You have officially stumbled upon and began to read my new blog. My name is Michelle Golden, and I am 25 years old. I'm a college student, and I currently attend Roosevelt University where I am finishing up my senior year as a special education major.

However, I'm not exactly your typical college student. Every single day I cope with a myriad of disabilities, including cerebral palsy, scoliosis, learning disabilities, a moderate hearing loss, and impaired spatial and depth perception. I also struggle with anxiety, depression, and PTSD at times, though thankfully I have them well managed. Despite my challenges, I have been extremely successful at Roosevelt, able to live, work, and attend classes independently. Much of that is due to the incredible support of my friends and family, who have offered me help in so many ways I cannot even begin to list them.

But now, as a second semester senior, I need to begin to look much more closely at my options regarding my future. I have big dreams of teaching students with disabilities, in my own classroom, or perhaps putting what I have learned to use in the field of disability rights/disability advocacy. Working with people with special needs is something I am passionate about, and tirelessly dedicated to. Here on campus, I am lucky enough to have help from a variety of sources, on an almost immediate response basis. I am, however, fully aware that this level of support may not be maintained when I am on my own in the real world. Hence, at the suggestion of a friend, I have begun the often long and complicated process of getting myself a service dog. While the intricate details of how and why I came to my decision to get a service dog is really something I would rather cover in another post, I mention it here briefly so that the purpose of this blog is clear to readers.

This blog will be used as a record of my experiences in working toward partnership with my service dog. It will also help me keep track of important information I find regarding all relevant aspects of working with a service dog. This undertaking is not an easy one, and requires significant research and preparation. Once formally matched with a dog, it will include descriptions of the training we do as a team, as logging the training will help me remember to keep up with it. Finally, as I move into full partnership with a service dog, this blog will serve as a journal or diary that will chronicle much of our time together, as the memories made and lessons learned from this experience will be priceless and incredibly valuable to me.

Now, if I’m going to be completely honest, I can just imagine that many of my readers are wondering why I would choose to make this experience so public. The answer is simple. When I started looking for information related to getting and working with a service dog, I found lots of very specific and detailed information. The one thing I felt was severely lacking (unless I was just looking in the wrong places) were accounts of the personal experiences of service dog teams, which I felt would have given me a much better idea of what to expect now that I was undertaking this, than the cold hard facts many service dog organizations seem to choose to employ to help market their services to the public. I am hoping that by sharing my personal experiences with the general public, I will help to foster increased awareness and acceptance of service dogs and their handlers, and perhaps motivate others with disabilities to consider partnership with a service dog.

Either way, there’s no turning back now, and it’s sure to be an interesting journey. Hang on tight, and enjoy the ride!

 

Michelle