As it turns out.. the latest iteration of the revised requirements (2010) do infact include new definitions and controls for service animals (that I had not read myself before..).
http://www.ada.gov/service_animals_2010.htm
It's interesting they apply filters.. saying a service animal can only be a dog, or miniature horse.. but does not get into regulating them. The 'expansion' of what disabilities that are covered in the 2010 version is disturbing IMO..
Yes. However, individual states can expand the definition of a service animal. The Federal law is the minimum that is required. So a state could not exclude either a dog or a miniature horse (which, by the way, to me, is a bizarre choice for a service animal).
It's not that black and white though - unfortunately the ADA is not 'uniform' in this sense in that it has extra options available to businesses in certain scenarios.. like employment, and all the wonky-ness around powered assist vehicles, etc. The issue that haunts companies is the risk of being called out as discriminating or filtering by their method of inquiry and response.
Exactly.
HIPPA is a red herring in these threads... HIPPA limits 3rd party disclosure and protection of the information collected... there is no conflict in having a patient disclose their own information to someone (as you said as well).
I'm not sure how HIPPA was even first brought into this discussion. I think people think they are interconnected, when they really aren't.
But while both are Title III of ADA - they are in fact their own sections with their own requirements. You can't treat employment and public accommodation interchangeably. I won't have time in the next week to elaborate on this with specific cites as I'm going to be away for the most part.
Oh for sure. However, the ADA when first introduced didn't include many of the so-called disabilities that are currently protected. And to be fair, Congress didn't give any thought to the amusement park industry. Most of the public acomodations regulations revolve physical access to something...most notably wheelchair access. However, because the ADA doesn't specifically address what information or proof can be ascertained by a public accomodation regarding a request for accomodation, it doesn't necessarily create such a prohibition by a public accomodation. I would argue that since it allows for an employer to inquire as to the nature of the disability and for proof of such disability before making an accomodation, a business can likewise do the same (until amended or adjudicated in court).
ADA is far too over reaching in the 2010 version and later iterations of the guidelines IMO. I think it sets the bar so low it makes everyone have to bow to the lamest whimper - and since the recourse for all enforcement or complaints is civil court... businesses are at a disadvantage in that there is no free defense against absurd claims. Businesses are conditioned to live in fear to avoid risk.
The guidelines were revisited after a Supreme Court decision made it extremely difficult for individuals with disabilities to prove they had a disability. In a 1999 decision, the Court pretty much threw out every definition of disability other than as a condition which a person was "substantially limited in a major life activity." (If you had a prosthetic limb you weren't limited, if you took medication to control a psychosis you weren't limited, etc.). So if a person had a disability which was mitigated by a treatment then under the Court's decision, the disability did not fall under that definition.
The real problem with the law is the lack of any definition for "reasonable accomodation." To the disabled person with panic attacks, a "reasonable" accomodation might be immediate front-of-line access. To everyone standing in line, that is NOT reasonable. What might be reasonable is my suggestion of telling them to come back in an hour. So it now becomes a civil court matter. Of course, I don't know that panic attacks would be defined as a disability. The problem I have with the courts is that they tend to decide, in these types of matters, that whatever the disabled person believes is resonable is what is resaonable. Though they do seem better at deciding what is reasonable when it comes to employer accomodations.
I guess the point is, and you and I both agree, is that Disney's solution is too broad, and CAN be legally narrowed to limit access and abuse.