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Veteran denied motel room in Daytona Beach because he had service dog
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Jun 27, 2014 20:09:22   #
diensthunds
 
Bobo wrote:
Could you tell me how ADA regulations are enforced??


Per: http://www.dol.gov/dol/topic/disability/ada.htm

Americans with Disabilities Act

The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities. The ADA also establishes requirements for telecommunications relay services.

The Department of Labor's Office of Disability Employment Policy (ODEP) provides publications and other technical assistance on the basic requirements of the ADA. It does not enforce any part of the law.

In addition to the Department of Labor, four federal agencies enforce the ADA:

The Equal Employment Opportunity Commission (EEOC) enforces regulations covering employment.
The Department of Transportation enforces regulations governing transit.
The Federal Communications Commission (FCC) enforces regulations covering telecommunication services.
The Department of Justice enforces regulations governing public accommodations and state and local government services.

Another federal agency, the Architectural and Transportation Barriers Compliance Board (ATBCB), also known as the Access Board, issues guidelines to ensure that buildings, facilities, and transit vehicles are accessible and usable by people with disabilities.

Two agencies within the Department of Labor enforce portions of the ADA. The Office of Federal Contract Compliance Programs (OFCCP) has coordinating authority under the employment-related provisions of the ADA. The Civil Rights Center is responsible for enforcing Title II of the ADA as it applies to the labor- and workforce-related practices of state and local governments and other public entities. See the Laws & Regulations subtopic for specific information on these provisions.

In the case of the Veteran being denied the room it would have been the DOJ that would have enforced the law. Meaning most likely an Assistant US District Attorney would or could have filed criminal charges in federal court.
Now the likely hood of that is small given the situation of the case and they probably would have turned it over to local police to handle.

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Jun 27, 2014 22:28:43   #
Effate Loc: El Dorado Hills, Ca.
 
diensthunds wrote:
Per: http://www.dol.gov/dol/topic/disability/ada.htm

Americans with Disabilities Act

The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities. The ADA also establishes requirements for telecommunications relay services.

The Department of Labor's Office of Disability Employment Policy (ODEP) provides publications and other technical assistance on the basic requirements of the ADA. It does not enforce any part of the law.

In addition to the Department of Labor, four federal agencies enforce the ADA:

The Equal Employment Opportunity Commission (EEOC) enforces regulations covering employment.
The Department of Transportation enforces regulations governing transit.
The Federal Communications Commission (FCC) enforces regulations covering telecommunication services.
The Department of Justice enforces regulations governing public accommodations and state and local government services.

Another federal agency, the Architectural and Transportation Barriers Compliance Board (ATBCB), also known as the Access Board, issues guidelines to ensure that buildings, facilities, and transit vehicles are accessible and usable by people with disabilities.

Two agencies within the Department of Labor enforce portions of the ADA. The Office of Federal Contract Compliance Programs (OFCCP) has coordinating authority under the employment-related provisions of the ADA. The Civil Rights Center is responsible for enforcing Title II of the ADA as it applies to the labor- and workforce-related practices of state and local governments and other public entities. See the Laws & Regulations subtopic for specific information on these provisions.

In the case of the Veteran being denied the room it would have been the DOJ that would have enforced the law. Meaning most likely an Assistant US District Attorney would or could have filed criminal charges in federal court.
Now the likely hood of that is small given the situation of the case and they probably would have turned it over to local police to handle.
Per: http://www.dol.gov/dol/topic/disability/ada.h... (show quote)


I would assume most enforcement is initiated by a complaining party or by law suit. Although the local police might intervene to amicably resolve the issue, they would probably not have any local statute to give them jurisdiction for legal intervention.

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Jun 27, 2014 23:51:09   #
halo68 Loc: North East
 
Hi, Guy's,Just to let you know about Dog's I.D,Here in N.J. wE GET A PHOTO I.D. FOR THE DOG whether it's a Service dog or a therapy dog along with a i.d#. I am a twice wounded Viet Nam veteran,1st shrapel from a grenade in complete left side during the Tet Offensive, 7 months later I was shot in the RT.Arm.worked for Mac-V, and was farmed out to the75th infintry and then the 1/9 Air Cav. up at Camp Evans. I know a little about the process of getting a dog. Still learning to use my Nikon 7100.
halo68
V.N= 2-68 TO 11-69

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Jun 28, 2014 07:51:09   #
Red Bear
 
halo68 wrote:
.... I am a twice wounded Viet Nam veteran,1st shrapel from a grenade in complete left side during the Tet Offensive, 7 months later I was shot in the RT.Arm.worked for Mac-V, and was farmed out to the75th infintry and then the 1/9 Air Cav. up at Camp Evans...."


Welcome home, brother. I was USAF Air Commandos. 3 tours, 3 TDYs, September, 1967 I forgot how to "duck" and spent 15 months in military hospitals getting the holes plugged and then 100% disability. Stay Strong! :thumbup: :thumbup: :thumbup:

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Jun 28, 2014 09:03:53   #
toma1940 Loc: Silicon Valley, CA
 
I know the subject is. I asked you to explain your statement: "A person that looks perfectly normal." That's a reasonable request. And yes, there are certain heart conditions that might require a service dog.
crissx09 wrote:
Explain to us..? I will try you better: Do you need a dog for a heart condition...? Or for most of the disabilities..? Don't miss the point, the subject here is the dog, not the person...and good bye.

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Jun 28, 2014 09:53:21   #
crissx09 Loc: FL-USA
 
toma1940 wrote:
I know the subject is. I asked you to explain your statement: "A person that looks perfectly normal." That's a reasonable request. And yes, there are certain heart conditions that might require a service dog.

OK, I will rectify by taking out the "perfectly" word. Now you read a" a person that look normal".
By normal I means someone that look like most of us, in other words with nothing that will make that person to appear or act different.

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Jun 28, 2014 10:11:54   #
warrior Loc: Paso Robles CA
 
dljen wrote:
This isn't a veteran issue, it's a disability issue.

Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed.
This isn't a veteran issue, it's a disability issu... (show quote)


:thumbup: :thumbup: :thumbup: :thumbup:

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Jun 28, 2014 11:06:52   #
Red Bear
 
crissx09 wrote:
OK, I will rectify by taking out the "perfectly" word. Now you read a" a person that look normal".
By normal I means someone that look like most of us, in other words with nothing that will make that person to appear or act different.


crissx09, It's me again, being a pain. The use of "Therapeutic Animals" in treatment of many conditions not readily seen by the general public dates back at least to the Roman Army. There are many service animals other than dogs, too and none of them can legally be denied access to anywhere the disabled person, veteran or not, wants to go. The federal law leaves the "burden of proof" in reverse from the normal America system; a place denying entry must prove that the person doesn't NEED a service animal.

Currently, I have friends, mostly disabled vets because I am one, that have dogs, cats, miniature horses, various birds and one guy that has a "Service Fish." In his case, he hardly ever takes the fish out for a walk, so we'll drop that.

If you saw me, and for some reason I wasn't wearing my eye patch and didn't have my oxygen tank with me (no longer possible, BTW), You would probably think that I was "normal."

But, I have no left lung (since 1968), I've been wound 3 times in service to the nation, I've had two heart attacks, I've had two strokes, I've had two broken backs (one from a bad "jump" in the service) six cancers in the last 43 years (Agent Orange) and a few other minor discomforts. I am still 6'2" and 225 pounds and in reasonable shape for someone that will never see 75 again.

One look and most people would assume that my "hobby" is throwing people off of roofs of tall buildings - instead of 40 DVAMC medical appointments each year. I should and could have a service animal for my heart condition, my eye sight and a really HUGE case of (medically controlled) PTSD from, they say, my enjoying killing people for a living through the 1960's. I like to eat fish, not feed them and I'm allergic to most all animal hair, so I can't get a K-9 "buddy." I did have one, about 1975, but the state made me pass him to a larger and better (for him) home. I still miss him - he was a full-grown Alaskan male wolf.

I hope all that helps with the discussion.
:thumbup: :thumbup:

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Jun 28, 2014 11:23:57   #
crissx09 Loc: FL-USA
 
Red Bear wrote:
crissx09, It's me again, being a pain. The use of "Therapeutic Animals" in treatment of many conditions not readily seen by the general public dates back at least to the Roman Army. There are many service animals other than dogs, too and none of them can legally be denied access to anywhere the disabled person, veteran or not, wants to go. The federal law leaves the "burden of proof" in reverse from the normal America system; a place denying entry must prove that the person doesn't NEED a service animal.

Currently, I have friends, mostly disabled vets because I am one, that have dogs, cats, miniature horses, various birds and one guy that has a "Service Fish." In his case, he hardly ever takes the fish out for a walk, so we'll drop that.

If you saw me, and for some reason I wasn't wearing my eye patch and didn't have my oxygen tank with me (no longer possible, BTW), You would probably think that I was "normal."

But, I have no left lung (since 1968), I've been wound 3 times in service to the nation, I've had two heart attacks, I've had two strokes, I've had two broken backs (one from a bad "jump" in the service) six cancers in the last 43 years (Agent Orange) and a few other minor discomforts. I am still 6'2" and 225 pounds and in reasonable shape for someone that will never see 75 again.

One look and most people would assume that my "hobby" is throwing people off of roofs of tall buildings - instead of 40 DVAMC medical appointments each year. I should and could have a service animal for my heart condition, my eye sight and a really HUGE case of (medically controlled) PTSD from, they say, my enjoying killing people for a living through the 1960's. I like to eat fish, not feed them and I'm allergic to most all animal hair, so I can't get a K-9 "buddy." I did have one, about 1975, but the state made me pass him to a larger and better (for him) home. I still miss him - he was a full-grown Alaskan male wolf.

I hope all that helps with the discussion.
:thumbup: :thumbup:
crissx09, It's me again, being a pain. The use of... (show quote)


Read Bear: I admit I learned a lot from you concerning to the situation created in that Hotel in Daytona.
I am glad you have the good disposition to correct me the right way, that means explaining, informing, teaching. Through your post I think I found in you a nice person. I wish you the best of everything on the years to come. Thanks again for EVERYTHING you have sacrificed in benefit of all of us.

Reply
Jun 28, 2014 11:39:16   #
Red Bear
 
crissx09 wrote:
Read Bear: I admit I learned a lot from you concerning to the situation created in that Hotel in Daytona.
I am glad you have the good disposition to correct me the right way, that means explaining, informing, teaching. Through your post I think I found in you a nice person. I wish you the best of everything on the years to come. Thanks again for EVERYTHING you have sacrificed in benefit of all of us.


crissx09, THANK YOU! I'm glad that we are friends - sometimes, without intending to, I "teach" (I am a retired adjunct professor) so much that people assume I'm angry at them. I'm usually not. :thumbup: :thumbup: :thumbup:

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Jun 28, 2014 12:14:14   #
toma1940 Loc: Silicon Valley, CA
 
Red Bear, thanks for your excellent explanation. "Normal" or "perfectly normal" are labels which are often used in a negative way and downright offensive and shouldn't be used when describing a disabled person, veteran, etc.
Red Bear wrote:
crissx09, It's me again, being a pain. The use of "Therapeutic Animals" in treatment of many conditions not readily seen by the general public dates back at least to the Roman Army. There are many service animals other than dogs, too and none of them can legally be denied access to anywhere the disabled person, veteran or not, wants to go. The federal law leaves the "burden of proof" in reverse from the normal America system; a place denying entry must prove that the person doesn't NEED a service animal.

Currently, I have friends, mostly disabled vets because I am one, that have dogs, cats, miniature horses, various birds and one guy that has a "Service Fish." In his case, he hardly ever takes the fish out for a walk, so we'll drop that.

If you saw me, and for some reason I wasn't wearing my eye patch and didn't have my oxygen tank with me (no longer possible, BTW), You would probably think that I was "normal."

But, I have no left lung (since 1968), I've been wound 3 times in service to the nation, I've had two heart attacks, I've had two strokes, I've had two broken backs (one from a bad "jump" in the service) six cancers in the last 43 years (Agent Orange) and a few other minor discomforts. I am still 6'2" and 225 pounds and in reasonable shape for someone that will never see 75 again.

One look and most people would assume that my "hobby" is throwing people off of roofs of tall buildings - instead of 40 DVAMC medical appointments each year. I should and could have a service animal for my heart condition, my eye sight and a really HUGE case of (medically controlled) PTSD from, they say, my enjoying killing people for a living through the 1960's. I like to eat fish, not feed them and I'm allergic to most all animal hair, so I can't get a K-9 "buddy." I did have one, about 1975, but the state made me pass him to a larger and better (for him) home. I still miss him - he was a full-grown Alaskan male wolf.

I hope all that helps with the discussion.
:thumbup: :thumbup:
crissx09, It's me again, being a pain. The use of... (show quote)

Reply
 
 
Jun 28, 2014 15:33:53   #
crissx09 Loc: FL-USA
 
Red Bear wrote:
crissx09, THANK YOU! I'm glad that we are friends - sometimes, without intending to, I "teach" (I am a retired adjunct professor) so much that people assume I'm angry at them. I'm usually not. :thumbup: :thumbup: :thumbup:


Red Bear; I am honored you consider me as a friend. I feel you as my friend after this post and if by chance we cross path you know you have a friend on me.

Reply
Jun 28, 2014 17:47:59   #
Red Bear
 
crissx09 wrote:
Red Bear; I am honored you consider me as a friend. I feel you as my friend after this post and if by chance we cross path you know you have a friend on me.


:thumbup: :thumbup: :thumbup:

Reply
Jun 29, 2014 14:53:27   #
Rich2236 Loc: E. Hampstead, New Hampshire
 
Samuraiz wrote:
I wish this type of discrimination received the same amount of air time as anti-gay discrimination receives.

If this was about a same sex couple being refused service, It would be all over MSNBC, Huffpost, Mother Jones etc.

http://www.wftv.com/news/news/local/veteran-denied-motel-room-daytona-beach-because-he/ngSWM/


I couldn't open the link. I wish i could to read or hear what went on.
Rich

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