T. 10/22/92
RJM:SBO:kgf
DJ# 192-06-00029
                                                OCT 26 1992

Ms. Corey Hudson
Executive Director
Canine Companions for Independence
4350 Occidental Road
P.O. Box 446
Santa Rosa, California 95402-0446

Dear Ms. Hudson:

        This is in response to your letter concerning service
animals under title III of the Americans with Disabilities Act
(ADA). We apologize for the delay in responding.

        The ADA authorizes the Department to provide technical assistance to 
entities that are subject to the Act. This letter
provides informal guidance to assist you in understanding how the
ADA may apply to public accommodations. This technical
assistance, however, does not constitute a determination by the
Department of Justice of rights or responsibilities under the ADA
and does not constitute a binding determination by the Department
of Justice.

        Under section 36.302 of the enclosed title III rule, a
public accommodation must make reasonable modifications in its
policies, practices, and procedures to avoid discrimination. A
public accommodation must modify its policies to permit the use
of a service animal by an individual with a disability, unless
doing so would result in a fundamental alteration of the goods or
services provided. These concepts are further discussed in
section III-4.2000 of the enclosed title III technical assistance
manual. As defined in section 36.104, the term "service animal"
includes any guide dog, signal dog (e.g., a "hearing dog"), or
other animal individually trained to do work or perform tasks for
the benefit of an individual with a disability.

        You asked how public accommodations will determine whether
an accompanying animal is a service animal. The title III
regulation does not permit public accommodations to require any
type of identification or certification of status to be shown.

:udd:mather:1tr.hudson.servcanimals
cc: Records, CRS, FOIA, Friedlander, Mather, Breen
01-01639
                                - 2 -
Moreover, the fact that a particular State law may require the
showing of identification is irrelevant for purposes of
determining rights under the ADA. However, section 36.301(b) of
the title III regulation permits a public accommodation to impose
legitimate safety requirements that are necessary for safe
operation of the public accommodation. Thus, a public
accommodation may ask that the animal be removed when such
removal is necessary for safe operation.

        You also asked about the relationship between title III and
State laws. Title III does not preempt any State law, if that
State law provides protection for individuals with disabilities
at a level greater or equal to that provided by the ADA. As
explained in section 36.103(c), the ADA does, however, prevail
over any conflicting State laws, or those laws that provide
lesser protection against discrimination.

        For example, assume that an individual with a disability,
accompanied by a monkey as a service animal, enters a hotel in a
State where the State law requiring access for service animals is
limited to "guide dogs." Because this provision would result in
a level of access that is less than that provided by title III,
the hotel may not rely on the State law as a basis for
prohibiting access for the monkey. A similar conclusion would
apply to the situation you are concerned about, in which
presentation of certification verifying the status as a service
animal is a prerequisite to granting access to a place of public
accommodation under a State law. Because the State law provides
a level of access that is less than that provided by title III,
the ADA would not permit the hotel to require presentation of
such certification.

        I hope this information has been helpful to you.

                                        Sincerely,

                                   Stewart B. Oneglia
                                          Chief
                              Coordination and Review Section
                                  Civil Rights Division
Enclosures (2)
01-01640CANINE COMPANIONS for INDEPENDENCE, founded in 1975
Exceptional Dogs for Exceptional People

                                                 Bonita M. Bergin, Ed.D.
                                                        Founder
                                                 Director of Research

October 23, 1991

Robert Mather
Office on the Americans with Disabilities Act
Civil Rights Division
US Department of Justice
Washington, DC 20530

Dear Mr. Mather,

I spoke with you the week of October 1, 1991,
concerning the ADA Rules and Regulations as they
pertain to service animals.

As you will recall we discussed how a public
accommodations was to determine what animals/dogs were
properly trained and therefore should be granted
access as opposed to a person merely wishing to gain
access with his/her pet. In response to how was the
public accommodation to make this judgement, I believe
you responded the public accommodation would have to
make a good faith assumption that all animals/dogs
were trained and entitled to access. Therefore all
animals should be granted access with no further
qualifications like a special ID card or an
identifying cape or backpack.

While Canine Companions for Independence and other
members of Assistance Dogs International are pleased
that the ADA recognizes service animals, we are also
concerned that the law not be abused by others.

To this concern I believe your response was that the
existing state laws/rules of access for service
animals/dogs should be what determines access at this
local level.

By our most recent count, 13 states do not have laws
providing for the access of assistance dogs. What do
you propose our clients do, for example in Maine or
the District of Columbia for that matter? Will
Federal ADA prevail? Will the passage of ADA in
January 1992 make it mandatory on the 18 states to
pass laws defining how a public accommodation is to
determine a pet poodle from a properly trained service
dog?
01-01641

In April 1991, Robin Dickson, President of Assistance Dogs
International, Canine Companions for Independence and I
believe several other Assistance Dog Schools/Centers submitted
suggestions (see attached) that ADA regs. provide for some ID
for properly trained assistance dogs. I am again making this
request. Is it possible to have the matter reconsidered?

If not, what action do you suggest we take or advise our
clients to take in gaining as problem free access to public
accommodations as possible?

I have enclosed some Canine Companions for Independence
material in the hopes you may become more familiar with the
Assistance Dog concept and the Schools/Centers that perform
the valuable training.

Looking forward to your response.

Sincerely,

Corey Hudson
Executive Director

CH/law

Enclosures

cc: Robin Dickson, President, Assistance Dogs International
    Mike Roche, Chairperson, Assistance Dogs International
                        Sub-Committee

States without Service Dog Laws:        Alabama
                                        Alaska
                                        Arkansas
                                        District of Columbia
                                        Idaho
                                        Louisana
                                        Maine
                                        Montana
                                        Nebraska
                                        Rhode Island
                                        South Dakota
                                        Vermont
                                        Wyoming
01-01642April 12, 1991

Mr. John L. Wodatch
Office of American Disabilities Act
Civil Rights Division Department of Justice
Rule Mailing Docket 003
P.O. Box 75087
Washington, DC 20013

Dear Committee Members:

Assistance Dogs International, Inc. is a coalition of
representatives of Guide Dog, Hearing Dog, and Service Dog
organizations. Our purpose is to facilitate communication
amongst members, provide opportunities for learning amoung
members, and work on assuring that top quality training goes
into every dog and organization that is a part of Assistance
Dogs International.

The purpose of this letter is to address teh issue of rights
of access for all disabled persons who are accompanied by
Assistance Dogs. An Assistance Dog is defined as a Guide Dog
for the visually impaired, a Hearing Dog for the hearing
impaired, or a Service Dog for the mobility impaired.
GUIDE DOG is defined as a dog which has been trained or is
being specially trained for or in conjunction with a school
for guide dogs to lead in harness and serve as an aid to the
mobility of a particulare blind person.

HEARING DOG is defined as a dog which has been or is being
specially trained by or in conjunction with a school for
hearing dogs to alert a particular deaf or hearing impaired
person to certain sounds.

SERVICE DOGS is defined as a dog which has been or is being
specially trained by or in conjunction with a school for
service dogs to the individual requirements of a physically
disabled person, including but not limited to any of the
following:

        1. Pull wheelchair as needed
        2. Retrieve/carry dropped items
        3. Open/close doors
        4. Provide balance/counter balance

Each school for Assistance Dogs provides illegible of
certification, such as an identification illegible
individual illegible of disabled person and Assistance Dog.

In addition:

A GUIDE DOG is identified by wearing a harness.

01-01643

                CANINE COMPANIONS FOR INDEPENDENCE
                        THE CCI PROGRAM

        Canine Companions for Independence (CCI) has changed the lives of 
hundreds of men, women, and children through its unique program of providing 
highly trained assistance dogs for individuals with disabilities. By helping 
them overcome physical and social barriers, the dogs enable CCI's participants 
to lead more independent, satisfying lives.

        Most Canine Companions come from CCI's own breeding program. They are
placed in volunteer "foster homes" for 16 months to be socialized and to
receive initial obedience training. From there, the puppies are sent to one of
CCI's regional centers for six months of advanced training. By two years of
age, each dog has learned 89 commands and is ready to be matched with a
participant from CCI's waiting list.

        The matching of participants and canines takes place through a process 
that has earned the name, Boot Camp. During this intensive two-week training 
course, participants learn the techniques to command and control their new 
companions, as well as how to later expand the range of commands to meet their 
particular needs. In addition, each participant must demonstrate the ability
to provide for the dog's care and well-being before graduating with a Canine 
Companion.

        Graduation ceremonies at CCI are inspirational and emotional events,
signalling the beginning of a new phase of life rich with promise for the new
participant/canine teams. For some CCI graduates, having a Canine Companion
means the ability to live without a full-time attendant for the first time;
for others, it is a chance to regain independence lost through illness or
accident.

        A Canine Companion not only provides physical assistance, but offers
companionship and unconditional love as well. It was early graduate teams who
inspired the motto for Canine Companions Independence: "Exceptional Dogs for
Exceptional People."

        In 1975, Canine Companions for Independence pioneered the
concept of the Service Dog. Since the program's inception, over 525
certified Canine Companions have been placed across the nation and
abroad.

                National Headquarters: P.O. Box 446, Santa Rosa, CA 95402
                                        (707) 528-0830
01-01644
                        COMMONLY ASKED QUESTIONS ABOUT
                      CANINE COMPANIONS FOR INDEPENDENCE

Q. What is Canine Companions for Independence?

        Canine Companions for Independence (CCI) is a 501(c)(3) non-profit
organization that trains assistance dogs to serve people with disabilities
other than blindness, providing them with greater independence.

Q. What types of dogs does CCI train?

        CCI trains four types of dogs:

        Service Dogs work-for people with physical disabilities, performing
such tasks as turning on and off light switches, pushing elevator buttons,
retrieving items, and pulling a wheelchair.

        Signal Dogs are trained to alert people who are hearing-impaired to
crucial sounds, such as a telephone, alarm clock, smoke alarm or baby's cry.

        Social Dogs work for people with developmental disabilities by
providing the loving interaction known as pet facilitated therapy.

        Specialty Dogs are trained to help meet the needs unique to people
with multiple disabilities, such as a hearing-impaired individual who also
uses a wheelchair.

Q. What does it cost to receive a Canine Companion?

        There is a $25 application fee and a $100 class registration fee,
which includes the necessary canine supplies. These are the only charges to a
CCI participant, even though the actual cost of breeding, raising and training
each dog is over $10,000.

Q. How is CCI funded?

        CCI is funded by donations, group and service club contributions,
grants, and ongoing fundraising activities.

Q. Who can apply for a Canine Companion?

        Any person with a disability wanting increased independence through
the use of a dog, or a facility that wishes to institute a pet therapy program
may apply for a Canine Companion.

                                (over)
01-01645
newspaper clipping
  
                      'She's made me
                         self-reliant'
        Together a boy and his
        dog do what he cannot do
        alone-live a normal life
        Lots of kids want pets,
        but some kids need
        them. Really need
them. Such kids as Travis
Stout, who is unable to
move his ankles, bend his
knees and elbows or even
wiggle his toes.
        For Travis, who was
born with a rare muscle
condition called arthro-
gryposis multiplex con-
genita, the actions that
are commonplace for any
other nine-year-old boy
were all impossible.
        He couldn't, for in-
stance, grab a snack from
the fridge, switch on a
light, carry books to school,
even clean his room. Then
a Labrador retriever came
into his life.
        Kosmic is Travis's dog, a
highly trained canine
companion able to obey 89
verbal commands. "She's
my best friend," he says.
Kosmic is also Travis's
hands and feet...
        Because Travis's arms
and legs are "locked," he
needs help even to get out
of bed. Kosmic lies down
on the floor, Travis slides
himself off the bed, tummy
up, and across Kosmic's
back. "Then I say,
'Stand,'" says Travis,
"and Kosmic gets up, get-
ting me up too."
        Kosmic carries Travis's
books in a pack on her
back. At school, where
Travis is enrolled in a pro-
gram for the gifted, Kos-
mic waits patiently.
        "The school prin-
        cipal was really
        great about Kos-
        mic," says Travis's
mother, 32-year-old Kay.
"He said keeping Travis
from having his dog in
school would be like tell-
ing another child he
couldn't have his wheel-
chair."
        At home, Kosmic tugs
on a towel tied to the re-
frigerator door and fetches
food from the bottom shelf
for Travis.
        In the Stout household,
which includes dad Tom,
33, and brother Kendra,
four, when Kay orders,
"Pick up your clothes!"
Kosmic picks them up.
        Dogs like Kosmic aren't
trained to protect, but if a
stranger approaches Trav-
is when his mother isn't
nearby, Kosmic growls.
        "If someone wanted to
hurt Travis, they could,"
says Kay. "He can't run
away or defend himself. I
can't tell you what peace of
mind that dog gives me!"
Three years ago, Kay
read an item in an Ann
Landers column about Ca-
nine Companions for Inde-
pendence, a nonprofit or-
ganization in Santa Rosa,
California, that provides
trained dogs for the dis-
abled free of charge.
        Travis went through his
instruction sessions alone,
with his mother only
watching. And because a
disabled person's life may
depend on it, the trainers
must be certain that every
match is perfect, so there
was no guarantee that
Travis would go home
with a dog. But he's glad
he did. "I love her so
much," he says.
        And Kosmic loves him
back. "If I go visit my
friends without her, she
cries until I get back. Then
she leaps into the air and
licks my face. I'm never
lonely. And she's made me
a lot more self-reliant."
        That sounds like a big
word for a fourth-grader,
but Travis has always
been bright. His mother
says he was saying
"please" and "thank you"
at age 10 months. He
spoke in complete sen-
tences by 18 months.
Now Travis loves to
read, and he can even use
a computer.
        "We're so proud of him,"
says his mom. "But we
can't take much of the
credit. Travis has been a
joy from the start."
         Right, Kosmic would
say, in a language every
boy understands: the wag
of a dog's tail.

by Amy H. Berger

For more information contact:
Canine Companions for Independence
P.O. Box 446, Santa Rosa, CA 95402-0446
707-528-0830 V/TDD

01-01646

Brochure

Canine Companions for Independence,
a non-profit organization, brings
new and exciting dimensions to the lives
of people with disabilities by providing
them with highly skilled assistance dogs.
01-01647