Slide 1:
Welcome to the ADA Legal Webinar Series
A collaborative program between the Southwest ADA Center and Great Lakes ADA Center, members of the ADA National Network

The Session is Scheduled to begin at 2:00pm Eastern Time
We will be testing sound quality periodically
Audio and Visuals are provided through the on-line webinar system.   This session is closed captioned.  Individuals may also listen via telephone by dialing 
1-712-432-3066 Access code 148937 (This is not a Toll Free number)
The content and materials of this training are property of the presenters and sponsors and cannot be used without permission.  For permission to use training content or obtain copies of materials used as part of this program please contact us by email at webinars@ada-audio.org or toll free (877)232-1990 (V/TTY)

Slide 2:
Listening to the Webinar
The audio for today’s webinar is being broadcast through your computer. Please make sure your speakers are turned on or your headphones are plugged in.

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Slide 3: 
Listening to the Webinar, continued
If you do not have sound capabilities on your computer or prefer to listen by phone, dial:
712-432-3066 Pass Code: 148937
This is not a Toll Free number

Slide 4:
Listening to the Webinar, continued
MOBILE Users (iPhone, iPad, or Android device (including Kindle Fire HD)) 
	Individuals may listen** to the session using the Blackboard Collaborate Mobile App (Available Free from the Apple Store, Google Play or Amazon )
**Closed Captioning is not visible via the Mobile App and limited accessibility for screen reader/Voiceover users

Slide 5:
Captioning
Real-time captioning is provided during this webinar.
The caption screen can be accessed by choosing the cc icon in the Audio & Video panel.

Once selected you will have the option to resize the captioning window, change the font size and save the transcript.

Slide 6:
Submitting Questions
You may type and submit questions in the Chat Area Text Box or press Control-M and enter text in the Chat Area

If you are connected via a mobile device you may submit questions in the chat area within the App                                                                                                       

If you are listening by phone and not logged in to the webinar, you may ask questions by emailing them to webinars@ada-audio.org

Please note: This webinar is being recorded and can be accessed on the www.ada-audio.org within 24 hours after the conclusion of the session.

Slide 7:
Customize Your View
Resize the Whiteboard where the Presentation slides are shown to make it smaller or larger by choosing from the drop down menu located above and to the left of the whiteboard. The default is “fit page”

Slide 8:
Customize Your View continued
Resize/Reposition the Chat, Participant and Audio & Video panels by “detaching” and using your mouse to reposition or “stretch/shrink”.  Each panel may be detached using the icon in the upper right corner of each panel.

Slide 9:
Technical Assistance
If you experience any technical difficulties during the webinar:
Send a private chat message to the host by double clicking “Great Lakes ADA” in the participant list. A tab titled “Great Lakes ADA” will appear in the chat panel.  Type your comment in the text box and “enter” (Keyboard - F6, Arrow up or down to locate “Great Lakes ADA” and select to send a message ); or Email webinars@ada-audio.org; or 
Call 877-232-1990 (V/TTY) 

Slide 10:
Service Animals:  Exploring the Rights of Persons with Disabilities to be Accompanied by Service Animals in Public Accommodations
July 16, 2014

Slide 11:
Who is Bootz?
Photo of Bootz- a Terrier mix service dog wearing his harness
Photo provided by the Office of Texas State Representative Jose Menendez 

Slide 12:
Statutes 
Americans with Disabilities Act (ADA) 
Section 504 of the Rehabilitation Act
Fair Housing Act
Air Carrier Access Act 
IDEA (for schools)
Texas Human Resources Code, Chapter 121
Texas Health & Safety Code, Section 437.023

Slide 13:
Our Focus
ADA Title II – Public Services (government),  42 USC Chapter 126, Title II
ADA Title III – Public Accommodations and Services, 42 U.S.C. 12182 
Chapter 121 Texas Human Resources Code
Chapter 437 Texas Health & Safety Code

Slide 14:
Title II of the ADA  
Applies to “public entities” such as:
state or local government offices
special purpose districts or “instrumentalities of the state”

Slide 15:
Title II and Title III of the ADA  
Prohibit discrimination in:
services
programs
activities

Require modification of policies/procedures when necessary to prevent discrimination
Includes allowing persons with disabilities to enter/utilize service animals

Slide 16:
Title III of the ADA 
Refers to “private entity”
generally any entity other than a public entity;
except does not apply to religious organizations or private clubs

Slide 17: 
Title III of the ADA 
Private entity includes such places as:

lodging establishments;
food establishments;
theaters & stadiums;
stores & public businesses;
hospitals & pharmacies;
lawyers’ offices & doctors’ offices.

Slide 18:
Types of Animals
Only dogs
“Other species of animals …are not service animals for the purpose of this definition.” 
Some exception for miniature horses
28 CFR § 36.602
28 CFR § 35.136(i)(A)	

Slide 19:		
Definition of Service Animal
• “Service Animal means:
any dog that is individually trained; 
to do work or perform tasks; 
for the benefit of an individual with a disability; 
including a physical, sensory, psychiatric, intellectual, or  other mental disability.”

•  Title II 28 CFR 35.104
http://www.ada.gov/regs2010/titleII_2010_integrated.htm
Title III 28 CFR 36.104
http://www.ada.gov/regs2010/titleIII_2010/titleIII_2010_integrated.htm

Slide 20:
Work or Tasks
“The work or tasks…must be directly related to the handler’s disability.”
Title II   28 CFR 35.104 
Title III  28 CFR 36.104

Does not require “formal” training or vest/marking  
Not breed specific (size does not matter)

Slide 21:
Work or Tasks
Examples include:
Guiding an individual who is blind or has low vision;
Pulling someone’s wheelchair;
Retrieving items; 
Assisting with balance and stability;
Providing alerts and assistance to someone who experiences seizures;
Assisting individuals with PTSD or other psychiatric disabilities to remain calm;
Carrying medication or alerting when it is time to take medication;
Alerting someone with diabetes when blood glucose levels rise significantly;
Alerting someone who is deaf or hard of hearing to alarms or the presence of others.

Slide 22:
Modifications In Policy, Practice or Procedure 
A public entity shall make reasonable modifications; 

in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability;

unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity. 

28 CFR 35.130(7) – public entity
28 C.F.R. § 36.302(a) – public accommodation
http://www.ada.gov/regs2010/titleIII_2010/titleIII_2010_integrated.htm

Slide 23:
Allowable Inquiries
A public entity or public accommodation may ask only 2 questions: 

if the animal is required because of a disability and 

what work or task the animal has been trained to perform.

28 CFR 36.302 

Slide 24:
Improper Inquiries

The business shall not ask about the nature or extent of a person's disability.

The business shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal.

Slide 25:
Improper Inquiries
Generally, the business should not make inquiries if it is readily apparent that an animal is trained to do work or perform tasks

Examples:
the dog is observed guiding an individual who is blind or has low vision; pulling a person's wheelchair; providing assistance with stability or balance to an individual with an observable mobility disability.

28 CFR 35.136 –public accommodation
28 CFR 36.602

Slide 26:
Handler’s Obligations
A service animal shall be under the control of its handler via harness, leash or tether unless handler not able to use because of disability, or

Harness, leash or tether would interfere with the service animals safe performance of task.

Alternative: voice control, signals, or other effective means

Service animal must be housebroken   

28 CFR 35.136(d) – public entity
28 CFR 36.302(c)(4) – public accommodation

Slide 27:
Miniature Horse Modifications
Not a service animal under the definition

Reasonable modifications must be made to allow the use of a miniature horse that has been individually trained to do work or perform tasks for the benefit of the individual with a disability

Title II 28 CFR § 35.136
Title III 28 CFR § 36.302

Slide 28:
Miniature Horse 
4 Assessment Factors
miniature horse’s type, size, and weight and whether the facility can accommodate these factors;
whether the handler has sufficient control;
whether the miniature horse is housebroken; and
whether the miniature horse’s presence at a specific facility compromises the legitimate safety requirements that are necessary for safe operation.

28 CFR § 35.136(i)(A)
28 CFR § 36.302(c)(9)(i)  

Slide 29:
HB 489
Bootz Signs the Bill
http://www.kens5.com/news/Gov-Perry-signs-measure-to-allow-all-service-dogs-inside-businesses-210635631.html

Slide 30:
Bootz’s Law
Modified Existing Statutes
Chapter 121 of the Texas Human Resources Code, as modified by HB489 in June 2013

§ 437.023 Texas Health and Safety Code added by HB 489 in June 2013

HB 489 effective January 1, 2014

Early News Story: http://www.kens5.com/news/Wounded-Warrior-Sues-Local-SA-Business-175535981.html 

Slide 31:
Chapter 121 Texas Human Resources Code
Service Animal Definition

“Assistance animal” and “service animal” mean a canine that is specially trained or equipped to help a person with a disability that is used by a person with a disability.
Texas Human Resources Code § 121.002(1) 

Emotional support animals are not service animals

Slide 32:
Chapter 121 Texas Human Resources Code
Person with a Disability
Person with a disability means a person who has:

a mental or physical disability;
an intellectual or developmental disability;
a hearing impairment;
deafness;
speech impairment;
visual impairment;
post-traumatic stress disorder; or 
any health impairment that requires special ambulatory devices or services.

Texas Hum. Res. Code § 121.002(4)

Slide 33:
Chapter 121 Texas Human Resources Code
Public Facility – Section 121.002(5)
Public facility includes:
Highway, sidewalk, walkway;
Common carriers and public transportation;
Places of lodging;
A public buildings maintained by the government; 
Retail businesses;
Educational facilities;
Restaurant & food establishments;
Places of amusement, convenience or resort to which the public is invited.

Slide 34:
Chapter 121 Texas Human Resources Code
Section 121.003
(b) cannot be required to pay an additional fare because of his or her use of a service animal;

(d) cannot refuse admission because of service animal;

(h) cannot be denied full and equal access to housing or be charged more or a housing deposit for a service animal; 

May be required to pay for damages done by service animal.

Slide 35:
Chapter 121 Texas Human Resources Code
Section 121.003
(i) A service animal in training shall not be denied admittance to any public facility when accompanied by an approved trainer.

(j) A person may not assault, harass, interfere with, kill, or injure in any way, or attempt to assault, harass, interfere with, kill, or injure in any way, an assistance animal.

Slide 36:
Chapter 121 Texas Human Resources Code
Section 121.003 
(k)(1) If a person’s disability is not readily apparent the entity may ask only two questions:
(1) whether the service animal is required because the person has a disability; and
(2) what type of work or task the service animal is trained to perform.

Slide 37:
Chapter 121 Texas Human Resources Code
Section 121.004(a) – Criminal Penalty

(a) violation of Section 121.003 is a misdemeanor punishable by:
(1) a fine of not more than $300
(2) 30 hours of community service…to be completed in not more than one year
Slide 38:
Chapter 121 Texas Human Resources Code
Section 121.004(b) – Civil Penalty

A violation of Section 121.003 is deemed to have deprived a person with a disability of his or her civil liberties.  

The person with a disability may file a lawsuit

Presumption of damages of at least $300 

Slide 39:
Chapter 121 Texas Human Resources Code
Section 121.006(a)-False Representation
Falsely representing an animal as a service animal “when training has not in fact been provided” is a misdemeanor.

Punishment:
(1) a fine of not more than $300, and;
(2) 30 hours of community service…to be completed in not more than one year.

Slide 40:  
Texas Health & Safety Code
Section 437.023 – Food Establishments
A food service establishment, retail food store or other entity
May not deny a service animal admittance 
Into an area of the establishment or store 
Occupied by the entity that is open to customers
And is not used to prepare food IF:
	(1) service animal is accompanied and controlled by a person with a 	     disability; or
	(2) service animal is in training and is accompanied and controlled by an approved trainer.

Slide 41:
Texas Health & Safety Code
Section 437.023(b) – Food Establishments
Only two inquiries are allowed:
(1) whether the service animal is required because the person has a disability; and
(2) what type of work the service animal is trained to perform.

Slide 42:
Texas Health & Safety Code
Section 437.023( c) -definition
Service animal means:

A canine
Specially trained or equipped to help a person with a disability.
Does not include an animal that provides only comfort or emotional support

Slide 43:
Texas Health & Safety Code
Section 437.023(c) -Tasks
Tasks may include:
Guiding a person who has a visual impairment;
Alerting a person who has a hearing impairment or who is Deaf;
Pulling a wheelchair;
Alerting and protecting a person who has a seizure disorder;
Reminding a person who has a mental illness to take prescribed medication; and
Calming a person who has post-traumatic stress disorder.

Slide 44:
Options to Resolve
Lawsuit 
ADAAA: injunctive relief & attorneys’ fees (no damages in private suit)
Chapter 121 Tx.Hum.Res.Code: injunctive relief & damages (no attorneys’ fees)
Administrative Complaint (DOJ)
Mediation

Slide 45:	
Mediation
Informal process 
Trained, impartial person (mediator)
Helps disputing parties to communicate
And find mutually satisfactory solutions
To their differences 
Mediator MAY NOT impose judgment on issues
Confidential process 
Tex. Civ. Prac. & Rem. Code Section 154.023

Slide 46:
Benefits of Mediation 
Quicker
Cheaper 
Both parties control the process and outcome of mediation
Preserves or restores relationships between the parties
Empowering to both parties 
Opportunity to alter perceptions and change attitudes
Systemic change/improvement possible
Maintains confidentiality 
Excellent success rate 

Slide 47:
Examples of Mediated Settlement Agreements 
Changes in service animal screening and admittance policies/procedures at the facility and/or to all chain/franchise locations 
An apology was issued to complaining party
Welcome signs added for patrons with service animals
Donations to animal shelters and/or service dog organizations
Article on service animal requirements in local newspaper 
Payments to the individual and/or DOJ 

Slide 48:
Accessing Mediation 
Private mediations 
DOJ-Keybridge Foundation Mediations 
Alternative Dispute Resolution Centers 

Slide 49:
Mediation Options 
Private Mediators 
Varying Rates for Mediation; 
Varying Expertise/Experience Dealing with disabilities; 
Check organizational listings, credentialing.

DOJ/Keybridge Foundation Mediations –free of charge;
Specify you are seeking mediation; 
Include all issues to be mediated in complaint;
Initiate with complaint/request for mediation to DOJ;
400 trained ADAAA mediators nationwide; 
Over 75 % success rate; 
Maintains involvement until compliance completed.

Slide 50:
Alternative Dispute Resolution Centers
Private non-profits and governmental entities;
Promotes state policy for early settlement of pending litigation and encouragement of “peacable resolution”;
Free or low cost mediations;
Training and experience with addressing disability issues vary.
Tex. Civ. P. & Rem. Code Section 154.002, et seq

Slide 51:
Common Factors in Mediation  
Mediators will be covered by either Title II or III of ADAAA so must generally provide reasonable modifications, accommodations, and/or auxiliary aids and services to persons with disabilities; 

Confidential process – mediators cannot be subpoenaed;

Address question of how to implement legal requirements;

Not prejudicial to litigation and/or administrative process. 

Slide 52:
Additional Reference Sources  
Keybridge Foundation Center for Mediation, http://keybridge.org or 202.274.1822

DOJ ADA Website www.ada.gov or ADA Information Line at 800.514.0301 and 800.514.0383 (TTY)  

State Bar of Texas Disability Issues Committee
19 minute State Bar of Texas, Bootz’s Law Video
http://www.youtube.com/watch?v=yMHlf7Mc7g0

Slide 53
Additional Reference Sources  
Disability Rights Texas, https://www.disabilityrightstx.gov or 800.252.9108 or 800.362.2851 (video);

ADA National Network, 800.949.4232 or www.adata.org

Alternative Dispute Resolution Centers of Texas, www.courts.state.tx.us/pubs/JudicialDirectory/DispresCtrs.pdf
	
Slide 54:
Contact Information
Denette R. Vaughn, dvaughn@drtx.org

Elaine B. Roberts, elaine.roberts@mctx.org

Slide 55:
THANK YOU FOR YOUR ATTENTION 
THANKS TO BRAVE WOUNDED WARRIORS, DISABILITY ADVOCATES,
ANIMAL ADVOCATES, AND BOOTZ FOR MAKING PROGRESS POSSIBLE

Slide 56:
Questions?
You may type and submit questions in the Chat Area Text Box or press Control-M and enter text in the Chat Area

Slide 57:
Thank you for participating in today’s ADA Legal Webinar Series Session
The next scheduled session is:
“Websites and the ADA: Accessibility in the Digital Age”
September 22, 2014
Register at:  www.ada-audio.org or call 877-232-1990 V/TTY