26 MAY 2018 • FOGHORN LEGISLATIVEREPORT By Ed Welch, PV A Legislative Director T he Passenger Vessel Association has received many inquiries recently about service animals and emotional support animals. Let’s clarify a passenger vessel operator’s obligations under the federal Americans with Disabilities Act (ADA). The ADA is a civil rights law. Its purpose is to protect a person with a cognizable disability from discrimination. It imposes on places of public accommodation and providers of passenger transportation by water an affirmative duty to accommodate a person with a disability. The duty to accom- modate encompasses the duty to accept a service animal that accompanies the person with the disability. The law confers no rights on a person that does not have a disability. Thus, not every person accompanied by a dog or animal can invoke the protection of the ADA. The passenger vessel operator is under no duty to accommodate an animal in the company of a person with no disability. Service Dogs and Other Fantastic Beasts (and What to Do About Them) Only Dogs and Miniature Horses By definition issued by the U.S. Department of Justice, most animal species cannot be a service animal. If the passenger vessel operator encounters someone who asserts that their cat, pot-bellied pig, peacock, monkey, or parrot is an alleged service animal, the operator can safely exclude that animal. Only a dog (and in limited instances, a miniature horse) can be a service animal. The Justice Department’s definition of “service animal” is found in section 36.104 of title 28 Code of Federal Regulations. It reads: “service animal means any dog [emphasis added] that is individually trained to do work or perform tasks for the benefit of an individual with a disability…. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition.” This is about as clear as any federal regulation can be. However, elsewhere (section 36. 302(c)(9)) the Justice Department also says that a trained miniature horse accompanying a person with a disability is to be treated in the same way as a service animal. Not Every Dog Not every dog that accompanies a person with a disabil- ity qualifies as an ADA service animal. The dog must be “in- dividually trained to do work or perform tasks for the benefit of an individual with a disability.” Section 36.104 elaborates: “Examples of work include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting in- dividuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during Fast Page Loads Streamlined Checkout Multiple Account Sign-Ons Improved Search Quick Order Easy Invoice Look-up Requisition Lists • Over 135,000 products for your business • 28 regional distribution centers • Same-day van delivery • 250+ stores • The most-knowledgeable and seasoned sales representatives in the industry Your 24/7 destination that’s packed with the features you need to get the most out of your time and money. westmarinepro.com All backed by the power of West Marine Pro. 1-800-621-6885 or visit westmarinepro.com. Increased Inventory Availability