MAY 2018 • FOGHORN 27 LEGISLATIVEREPORT Let‘s talk about it Is Electric Right For You? Torqeedo Inc. 171 Erick Street, Unit A - 1 Crystal Lake, IL 60014 T +1 (815) 444 8806 usa@torqeedo.com www.torqeedo.com © 2017 Caterpillar. All Rights Reserved. CAT, CATERPILLAR, BUILT FOR IT, their respective logos, ”Caterpillar Yellow,” the ”Power Edge” trade dress as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission. See our complete offer for ferries and cruise ships at marine.cat.com See the video at storiesfromsea.com PLEASE DO NOT REMAIN SEATED Do not switch of all electronics. Please move around freely. And above all, do not miss the spectacular beauty off the sea. With Cat® high performance engines, the total time of your journey could be the same as flying. Only with better views. And without the leg cramps. cat_ad_ferries.indd 1 08/01/18 22:30 a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assis- tance with balance and stability to in- dividuals with mobility disorders, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destruc- tive behaviors.” As this listing makes clear, service dogs can assist persons with all types of disabilities, not just those who are blind or who have low vision. Certificates and Vests – Not! The passenger vessel operator may encounter a person accompanied by a dog wearing a vest marked “service dog.” Sometimes a person may present documentation alleging that the animal has been trained as a service dog. Neither is dispositive as to whether this is really a service dog. Remember that if the person has no disability, there is no right to be accompanied by a service dog. In addition, neither the ADA nor the Justice Department rule requires that there be any documenta- tion of a service dog’s status. Vests and similar items have no legal standing; anyone can easily purchase them on the Internet. A certificate may have been issued by a legitimate training facility, but there are plenty of ways to obtain fraudulent documents. The Justice Department’s ADA website states: “There are individuals and or- ganizations that sell service animal certification or registration documents online. These documents do not convey any rights under the ADA, and the Department of Justice does not recognize them as proof that the dog is a service animal.” What Questions Can Be Asked? The Justice Department rule prevents the vessel operator from asking about the nature or extent of a person’s disability. Most disabilities are readily apparent to an observer, but some disabilities (epilepsy, psychiatric disorders) are not so obvious. Don’t make the mistake of asking a passenger “Are you disabled?” or “What is the nature of your disability?” There are two perfectly legiti- mate questions that can be posed to a customer accompanied by an alleged service dog. The first is, “Is this dog a service animal required because of a disability?” If the reply is “yes,” then a second question can be asked: “What work or task has the dog been trained to perform?” Assuming that the customer answers the second question with some specificity (for example, by citing one of the types of work in the non-exclusive list found earlier in this article), then the passenger vessel operator must accept the person’s representations and must accommodate the presence of the service dog. However, failure to answer properly (especially with regard to the second question) is grounds for