By Roger Yu, USA TODAY

Dogs need to go, too. So airports are adding doggie restrooms.Airports say “pet relief areas” enhance customer service. But they’re also being nudged by a federal rule that orders airlines to work with airports to install facilities for travelers who have service dogs.

 Among airports with new dog bathrooms: Atlanta, San Francisco, Los Angeles, Washington Dulles, Washington National, Chicago O’Hare and Phoenix.

 The facilities are typically outside, within walking distance of the terminal. The federal rule requires they be kept clean, free of odor, contain a gravel or sand surface and have adequate drainage. Some airports have added synthetic grass, fire hydrants and benches.

 ”Many of our members travel,” says Melanie Brunson, executive director of the American Council of the Blind, which pushed for the rule. “Increasingly, you don’t get much time between flights. You don’t have a whole lot of time to take care of your dog’s needs.”

 About 2 million pets and other animals fly each year in the U.S., according to the Transportation Department. But convenient relief areas weren’t required until the department published changes last year to the Air Carrier Access Act, which spells out travel rights for people who have physical disabilities.

 ”If there was one (before),” she says, “it was in the boondocks, and (travelers) didn’t have much time to get there.”

 Neva Fairchild of Carrollton, Texas, who has a service dog and is an American Foundation for the Blind employee, says it can be embarrassing for owners of dogs that relieve themselves at an airport curb.

 ”I can understand if people are offended by dogs relieving themselves at a pole 20 feet from the airport,” she says. “But when the dog has to go, it has to go.”

 Fairchild says she’d like to see more relief inside security zones at airports to avoid clearing security-screening checkpoints again for connecting flights.

 Washington Dulles is one of the few airports with indoor facilities within its security zone, in addition to three relief areas outside. Engineers designed them after studying other dog parks. They contain ventilation and wall-mounted water-distribution systems for cleaning, Dulles spokeswoman Courtney Mickalonis says.

 Before assigning a new pet area, Atlanta had “maintenance issues” with travelers who let their dogs use landscaped areas without cleaning up, says Gary Summerlin, an engineer at the world’s busiest airport, where about 6,000 animals are flown annually in cargo. But pet owners using the “formal” area have been more responsible, he says.

The Topic Guides on ADA Transportation bring together the requirements of the ADA and the U.S. Department of Transportation (DOT) ADA regulation, FTA determinations, and operational practices on each topic that comply with the ADA. The Topic Guides also draw information from many other sources, including DOT Disability Law Guidance; FTA ADA Compliance Reviews, Letters of Finding, and Bulletins; Transportation Research Board and National Council on Disability publications; National Transit Institute courses; Easter Seals Project ACTION publications and Distance Learning Sessions; American Public Transportation Association draft Recommended Practices; and the recommendations of nationally recognized ADA transit operators, planners, and researchers on operational practices for implementing ADA requirements.

This series of Topic Guides includes:

• Equipment Maintenance
• Stop Announcement and Route Identification
• Eligibility for ADA Paratransit
• Telephone Hold Time in ADA Paratransit
• Origin to Destination Service in ADA Paratransit
• On-Time Performance in ADA Paratransit
• No-Shows in ADA Paratransit

View the Topic Guide Home Page, which offers each Topic Guide in HTML, a PDF download, and a plain text option, at http://dredf.org/ADAtg/index.shtml

An Editorial by Joel Sheffel, Executive Director West Suburban Access News Association, and an individual with a disability.

11 years ago there I was, after 18 months as a patient in the nursing home I was told I could leave. I had no idea how I was going to live, or even find a place to live but that slowly began to work itself out after getting connected with the Center for Independent Living which served the western suburban area.

I  began to be aware of programs which are out there to assist individuals with disabilities and even today am getting to know of programs and services which are out there.

I have become a very strong advocate for individuals with disabilities and founded this organization. We have established contacts all the way from the White House to state and local legislators and organizations.

What disturbs me the most is that we are celebrating the 20th anniversary of the signing of the ADA and let suits need to be filed to bring cities and states into compliance of the ADA. Individuals with disabilities and seniors today still are not aware of all of the programs and services available to them.

We need to be a nation where there are persons who as soon as a person becomes disabled work with them to be sure that they do get all of the services and programs to which they are entitled to. 

Have you had the following type problems in Chicago hospitals? 

• Exam rooms too small to move around in

• Exam tables are too high and can’t be lowered, or you are told to bring someoneto lift you to access medical equipment

• Long waits or refusal of service because of your disability

• Important information not given to you in accessible format

• No qualified sign language interperter at appointments

• No service animals allowed

If you have had these type of problems please contact the following persons:

            Judy Panko Reis, M.A., M.S.
           Access Living
          1-800-613-8549 (Voice)
          1-888-253-7003 (TTY)
         Email: jreis@accessliving.org

       Sarah Price
      Equip for Equality
     1-800-537-2632  Ext 7339 (V)
    1-800-610-2779 (TTY)
   Email:sarah@equipforequality.org

   Andres Gallegos
  Robbins, Saloman and Pat Ltd (law firm)
  1-312-456-0381 (Voice)
 Email:agallegos@rsplaw.com
    

A Colorado Springs, Colo., lawyer who refused to allow a veterinarian and her service dog to enter his law office for a scheduled deposition in a civil action has agreed to pay $50,000 to settle a federal discrimination suit.

The Justice Department’s Civil Rights Division filed a complaint (pdf) in the U.S. District Court for the District of Colorado last November against Patric LeHouillier of LeHouillier & Associates. The suit alleged LeHouillier violated the Americans with Disabilities Act when he refused to allow the woman and her dog — and the woman’s lawyer — to enter the LeHouillier law office in December 2006.

LeHouillier demanded the veterinarian, Joan Murnane, prove her dog, an Australian shepherd, was a certified service dog. According to the suit, LeHouillier was not satisfied after reviewing a letter documenting Murnane’s need for the dog. LeHouillier feared the dog would soil recently installed carpeting, according to the Justice Department complaint. LeHouillier’s attorney said in a statement that no documentation of the dog’s certification was provided.

Murnane’s attorney, J. Ronald Voss, had earlier offered to hold the deposition at his office about two blocks away, according to the complaint. Justice Department attorneys said LeHouillier rejected the offer to relocate the deposition. LeHouillier’s counsel said the deposition was held the same day in the office of Murnane’s attorney.

In a consent decree (pdf), signed March 29, LeHouillier denied he violated the ADA. LeHouillier’s attorney, James Miletich of McConnell Fleischner Houghtaling & Craigmile in Denver, issued a statement that said LeHouillier settled the suit for economic reasons and that he continues to believe the government’s position is wrong.

“Unfortunately, the expense involved in defending against the ADA claim would have easily surpassed the monetary demand made by the government,” the statement (pdf) said. “The resources available to the government would have forced Mr. LeHouillier to incur substantial expenses in defending the claim. Consequently, an economic decision was made to resolve the claim.”

LeHouillier will pay $30,000 in damages to Murnane; $10,000 to her husband, who was also denied entry; and $10,000 to the government in a civil penalty. Trial attorney William Lynch of the department’s Disability Rights Section signed the consent decree for the government.

As part of the agreement, LeHouillier must also prominently display a sign — “printed in dark bold letters, in a font 26 points or larger in size, on a contrasting white background — that says ‘Service Animals Welcome.’”

“For almost two decades, the ADA has ensured that individuals with disabilities are guaranteed full and equal access to public accommodations, both large and small,” Assistant Attorney General Thomas Perez of the Civil Rights Division said in a statement. “The Justice Department is unrelenting in eradicat[ing] discrimination against people with disabilities and ensuring that owners and operators of public accommodations recognize their obligations to provide equal access.”

First reported in The BLT: The Blog of Legal Times.

May 06, 2010

I am an individual with a disability who uses a service animal as one of the tools for maintaining my independence. Spend a significant amount of time with a service animal, and you become aware of the strange reactions some people have when they encounter an animal that is working in this capacity. You get questions like, “What tricks does your dog do?” Some people just walk up and touch the service animal no matter what is going on, which is really unnerving because it reflects a lack of understanding about the difference between a service dog and a pet. When people ask me if my dog gets any time to play, I like to say that I give him paid vacations and time off, and that he is part of the “Service Dog Union of America.”

But, all joking aside, membership in this elite group of dogs does have its privileges. Not only can my service animal enter the finest restaurants or join me in first class (on those rare occasions when I get bumped-up to make more room for the dog), he also has the right to accompany me in an emergency.

As smart as my service dog is, he will not make his own emergency plans. Responsible service dog ownership requires that you think ahead and that you talk to the emergency management personnel in your community. Work with the local fire or police department and make sure that they are aware of your needs and preferences regarding your service dog.

Because service animals are a main source of independence for individuals with disabilities, their use and access is protected by the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. Consequently, service animals are able to perform their tasks in multiple situations and locations. What happens, however, when the situation is dangerous or unsafe?  How can a service animal be prepared for emergencies, and will first responders understand that a service animal is more than a pet or companion, but a key part of the individual’s independence?

In order to ensure that individuals with disabilities are included in disaster planning, emergency planners and people who use service animals must work together to guarantee that service animals are considered during the planning and response to an emergency. This planning must not only take into account that there may be a service animal in use, it must also consider the accessibility of exit paths, food for service animals in shelters and, most importantly, understand that separating an individuals with a disability from his or her service animal is not an option.

Through the work of disability and service animal policymakers, stakeholders and advocates, the word is getting out on proper emergency preparedness for individuals with disabilities who use service animals. There is no panacea or magic bullet; however, the best practices all include an open dialogue between emergency planners and service animals users.

For More Information

To learn more about emergency preparedness for individuals who use service animals, visit the Disability Preparedness Website at http://www.disabilitypreparedness.gov/ppp/animals.htm. The site offers resources for the safety and security of individuals with disabilities.