? for phobia sufferers or HR managers

[L Sass]

Here is an odd question for any of you in these categories. My ques is specifically about agoraphobia and claustrophobia. Is either or both of these considered a disability under ADA? A lady joined the gym where I go and apparently suffers from both of these phobias, so "has" to bring her guide dog with her to workout. It is a BEAUTIFUL dog, but a few questions have arisen.

Does the gym now have an obligation to clean in a different manner due to the daily presence of this dog?

What about those who are allergic? The other night this lady and her dog were in a group class where the instructor was highly allergic. The dog waited at the front of the class - near the instructor - who actually had to end class early because he could not continue.

This is a muscle head gym, where heavy body builders don't think twice about dropping to the floor HUGE amounts and pounds of weight. This lady sometimes allows her dog to roam away from her into this area of the gym -- you see the potential problem here.

So I thought I'd ask here first whether anyone knows if those two specific phobias are ADA covered? TIA

 

[LauraMax]

Before I even think about the Q, I'm kind of wondering what a guide dog has to do w/claustrophobia & agoraphobia in the first place? Aren't they fear of small spaces & fear of large crowds?

 

[Liann]

Wow, I can't imagine that they would have to allow her to bring a seeing eye dog with her to the gym for moral support. I would require some kind of a medical certification from her doctor stating that she HAS to have that dog with her. If her doctor will not give her that, I would tell her the dog stays home. What a CRAZY situation!

 

[L Sass]

Before I even think about the Q, I'm kind of wondering what a guide dog has to do w/claustrophobia & agoraphobia in the first place? Aren't they fear of small spaces & fear of large crowds?

Yes Laura - that is exactly what they are. Now PERHAPS the dog can sense if she is about to have a panic attakc or something. I know guidedogs can and do sense seizures in epileptics for example. I'm just not sure that even a phobia induced panic attack qualifies under ADA.

 

[melimcn]

I'm having a little trouble conceptually, myself.
Agoraphobia: an abnormal fear of being in crowds, public places, or open areas, sometimes accompanied by anxiety attacks.

The usual result is that the sufferer is a shut-in.
Doesn't the fact that she's in a gym sort of nullify that one?

Either way, yes, I think it's a safety hazard to have the dog in the gym. She has rights, of course. But the gym also has rights to deny the dog access. Particularly if it's making other patrons and employees ill. (Particularly the employee part, since I'm guess that a lawsuit could errupt somewhere in there.)

You might have some luck with your questions here:
http://www.aapd.com/referrallist.html#Assistive

 

[hiitdogs]

Before I even think about the Q, I'm kind of wondering what a guide dog has to do w/claustrophobia & agoraphobia in the first place? Aren't they fear of small spaces & fear of large crowds?

Both are anxiety disorders, so she may have a psychiatric service dog. These dogs are trained to alert when the anxiety takes over and perform specific tasks - it depends on the specifics of the anxiety disorder and the trainer what he/she teaches the dog to do in specific situations.

Just the fact that the dog is roaming around in gym would indicate that this is NOT a service dog on duty!! A working service dog has to be around the person, otherwise I would say it defeats the purpose. What good is the service dog going to do when the person has an anxiety attack and the dog is roaming around or at the other end of the gym

Lori, I do know that psychiatric service dogs are recognized as assistive animals. The dog is recognized as an assistive animal, only if the handler/patient has a disability, short of a court order that is pretty difficult to establish. However, Emotional Support Animals are also recognized and it only requires a letter from a doctor.

This only applies to housing but may help. http://www.bazelon.org/issues/housing/infosheets/fhinfosheet6.html

You can find more information on http://www.psychdog.org/faq.html#I_disabled

HTH

 

[LauraMax]

Hmm. Interesting. I'm afraid of gaining weight. I wonder if I can bring my dogs to restaurants w/me so they can sense when I'm about to order mud pie & stop me.

Well, if I remember correctly, you're an attny so you probably know some states have their own disability regs as well. I do HR for the town & in NJ any medically diagnosed phobia is considered a disability. Not sure about federal ADA--our state regs are much more restrictive so I just follow them.

 

[hiitdogs]

Hmm. Interesting. I'm afraid of gaining weight. I wonder if I can bring my dogs to restaurants w/me so they can sense when I'm about to order mud pie & stop me.

Yup, if you can find a doctor who will write you a letter that you have an anxiety disorder and therefore need a ESA (Emotional Support Animal) you are good to go. A little bit of training, a service dog jacket for Max or Penny and voila

I have been thinking about ESA for Pepper or Tuxedo. You know, I have got anxieties

 

[elliemom]

Okay, somebody please explain this to me!!!!

I have had agoraphobia since I was 17 yrs. I have panic attacks along with a list of phobias like flying, bridges etc. Agoraphobia/panic attacks is classifies as a NEUROSIS, not a PSYCHOSIS. How does a neurotic person qualify for ADA. I know tons of OCD people etc that are not diabled. I was a trauma/ER nurse for 20 years and saw a therapist and did treatment for my fears. I still suffer the occassional panic attack and am generally a nrvous person but don't require disabilty.

#2 Both of my young boys are legally blind and get services from The NJ Commission for the Blind. They are eligible for the ADA. Yet we have been turned away from sports, jumping places, rides at carnivals etc because they can not remove their eyeglasses!!!! This is truly a medical disabilty and yet private business owners (like the jumping place) are allowed to deny them the use of the slides due to eyeglasses.

How come some neurotic woman with anxiety gets to bring a dog to a GYM and I had to fight tooth and nail to get a handicap sticker for my boys and a Caution sign on my street!!!!!????? Not being judgemental here as i have suffered in the past from debilitating anxiety, but there are treatments and meds and groups for that. I have never even heard of dogs for that.

Do you think some people take this "disability" thing a little too far??? I mean I did not fight when the boys were turned away from some things, I understood in some cases it was for their safety etc. But I did have to explain to some b^%$% why I had a handicap sticker. Have you ever tried walking 2 boys across a crowded mall parking lot??? Now try it when they can barely see!!!!

ellie

 

[hiitdogs]

I am sorry you had to go through all of that, Ellie. But like with everything some people are more equal than others. Some get easy approval and some have to fight tooth and nail to get anything. I guess it depends on who is in charge of handling your case, how they slept that night, if they had a fight with their spouse or simply have a poker up their butt

That being said, dogs can and do have a calming effect on some people. I know when I went through surgery and before, there was quite a bit of anxiety. My dog Tuxedo never left my side and I know I couldn't have gone through that time without him.

Some people just respond to dogs differently than other people and if it helps with their anxieties, whatever floats their boat, I don't see the harm. However, a dog that is roaming the gym is NOT a service or working dog which makes the claimed anxiety disorder of that particular person hard to believe. I would ask for proof of the dog being a service dog, if it is legit, well then the gym has to make accomodations, but the anxiety sufferer needs to be reminded that the dog needs to stay with her at all times. Then it shouldn't be that difficult for allergy sufferers to stay away from the dog.

 

[Peaceful Rainbow]

I'm afraid of gaining weight. I wonder if I can bring my dogs to restaurants w/me so they can sense when I'm about to order mud pie & stop me.

Our lab mix would have been perfect for that job, except that she would let you order the food and then eat it for you ;-)

It seems like even if this woman does have a signature saying she needs the dog, that you have the right to tell her the dog cannot be away from her when she's there. I've never heard of or seen anyone with a service dog who lets it wander away from them in public. It's also seems reasonable to be able to request that the dog be kept at a distance from those who are allergic.

 

[Sunshine1528]

Here's an excerpt from the ADA.gov page:

Q. What are public accommodations?

A. A public accommodation is a private entity that owns, operates, leases, or leases to, a place of public accommodation. Places of public accommodation include a wide range of entities, such as restaurants, hotels, theaters, doctors' offices, pharmacies, retail stores, museums, libraries, parks, private schools, and day care centers. Private clubs and religious organizations are exempt from the ADA's title III requirements for public accommodations.


I am only familiary with accommodations for employers, but here it states private clubs are exempt from the need to accommodate. Not sure if that means private clubs in the sense you mean or not, but I would suppose you call and ask questions.

 

[L Sass]

Thanks Jacque. Even though you have to join most (all?) gyms or health clubs, the way they are primarily treated is as a private club that the public may join. And that's the way this one is run. Any member of the public who wants to join can as long as they pay their $. So in that case, the gym does fall under ADA compliance mandates.

I've had the chance to watch this lady a few times and it almost seems like the proberbial guy who takes someone's kid to the grocery store / park / etc to try to attract women. It's a beautiful dog, and just about everyone comments (how often DO you see a dog in a gym?) and when the buff young men chat her up, well, let's just say she doesn't APPEAR to have any phobias whatsoever.