The point is that owners of service animals, their family, friends and many other people don't want to see these rights abused by the unethical people who try to pass their pets off as service dogs or scam the system to get their pets into the resorts. BTW it is illegal to claim your dog is an ADA service animal if it isn't and there are very strict guidelines/definitions for what a service animal is. We have a family member with a service dog so this is something I really dislike seeing abused by people who don't have ADA service animals. These abuses also run up the operating costs of the resorts which the resort owners pay for in their maintenance fees. Many people, adults and children have allergies to dogs so all the people who bring their pets presents a problem for both owners, their guests and the resorts. After an animal has been in the unit they are supposed to be deep cleaned which takes the unit out of commission for 2 days. This is what I was told by a resort manager. Which means that unit isn't available for other owners use.
Dear RCI Exchange Guest,
We look forward to hosting you for your upcoming vacation through RCI.
Recently, we have had several RCI guest families attempt to check in for vacation with emotional support animals under the misunderstanding that these animals qualify under federal ADA law.
Under ADA regulation, service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to a person's disability.
Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.
Please carefully read the policy below. If you have questions, please contact me before arrival. We will not check in guests arriving with non-ADA Service Dogs. Please avoid any inconvenience or disappointment by contacting me in advance.
Sincerely, xxxxx, Front Office Manager
Our Policy is as follows:
SERVICE ANIMALS ARE WELCOME
Service animals are individually trained to do work or perform tasks for a person with a disability. Colorado state regulations prohibit non-service animals from entering the premises. Pets whose function is to provide comfort or emotional support do not qualify under the Americans with Disability Act. Under Colorado law, it is a criminal offense to misrepresent an animal as a service animal. C.R.S. §18-13-107.7.
All guests arriving at Rams Horn Village with a service dog are required to complete the following Record:
ADA Service Animal Record
Rams Horn Village Resort accommodates Service Animals as defined Title II and Title III of the ADA. A 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.
Under the Act, Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA. Under the ADA and Colorado law, owners of public accommodations are not required to allow emotional support animals, only service animals.
The handler is responsible for caring for and supervising the service animal, which includes toileting, feeding, and grooming and veterinary care. The Service Animal must be under the handler's control at all times. It may not be left unattended in a home or other location on the resort.
Under the ADA, the dog must already be trained before it can be taken into public places.
For our Association records, please answer the following two questions and sign below:
(1) Is the service animal required because of a disability? ___Yes___No
(2) What work or task has the dog been trained to perform? ____________________________________________________________________________________________________________
Guest Name: __________________________
Date: _______________________________
Rams Horn Village Resort Representative: ________________________
U.S. Department of Justice
Civil Rights Division
Disability Rights Section
Service Animals
The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, clarify and refine issues that have arisen over the past 20 years and contain new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards).
Overview
This publication provides guidance on the term “service animal” and the service animal provisions in the Department’s new regulations.
- Beginning on March 15, 2011, only dogs are recognized as service animals under titles II and III of the ADA.
- A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability.
- Generally, title II and title III entities must permit service animals to accompany people with disabilities in all areas where members of the public are allowed to go.
How “Service Animal” Is Defined
Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.
This definition does not affect or limit the broader definition of “assistance animal” under the Fair Housing Act or the broader definition of “service animal” under the Air Carrier Access Act.
Some State and local laws also define service animal more broadly than the ADA does. Information about such laws can be obtained from the State attorney general’s office.
Where Service Animals Are Allowed
Under the ADA, State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go. For example, in a hospital it would be inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias, or examination rooms. However, it may be appropriate to exclude a service animal from operating rooms or burn units where the animal’s presence may compromise a sterile environment.
Service Animals Must Be Under Control
Under the ADA, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices.In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.
Inquiries, Exclusions, Charges, and Other Specific Rules Related to Service Animals
- When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.
- Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.
- A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence.
- Establishments that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises.
- People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals.
- If a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may also be charged for damage caused by himself or his service animal.
- Staff are not required to provide care or food for a service animal.
Miniature Horses
In addition to the provisions about service dogs, the Department’s revised ADA regulations have a new, separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.) Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. The regulations set out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.