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How do I get my dog acknowledged as a service dog or assistance dog?
My husband and I have two English mastiff service dogs, one for him and one for me. Both of our dogs accompany us everywhere we go, whatever we do. They are part of our family.We bought and trained them ourselves.Here is my Trixie at LSU (Louisiana State University) in my husband’s office: She used to go with him to his classes (before coronavirus). Now they both work at home.As you can see, my little flower of Southern femininity is a very substantial gal. At 150+ pounds, her job is to help steady me as I walk and to be there if I need to put my hand on her back to get up, etc.Although I could easily get my doctor’s prescription as a stroke-survivor for having her, I have never needed or wanted anything “special” except for buying (via Amazon) her ID jacket (a “medical alert” service dog jacket, chosen because “medical alert” appears more frightening than simply “service dog” and might make folks wonder if I might have an epileptic seizure or a stroke — something no one would want to cause by questioning me or my dog.)I have included (at the end) the Department of Justice revised regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities).Some people try to make a “big deal” about all this “service dog” regulation stuff.Frankly, I think that this is to try to scare other folks into spending money with them to get some sort of “certification” — often requiring zero training and having no meaning at all, except for money in the “certifier’s” pocket.(Please note, I am not addressing specially-trained animals, such as those trained and used by the blind, etc. These dogs do require specialized trainers and extra care.)As far as I know, there are no universal standards or certified service dog training requirements in the United States.Under federal law, no one is permitted to ask me why I need a “service dog.”Because, at first, I was worried about this, I bought some business-size cards (via Amazon) about the law. In 20 years, no one has ever asked.Because my husband takes his English mastiff when he teaches and because he cares that his department, college and university have all the paperwork any of them might want, just in case they choose to satisfy some fool’s question about the dog, he has his doctor’s letter on file. This is not required by anyone and is simply a courtesy.About me and my dog:My concern has always been locating my perfect dog — bought myself, following careful study and visiting kennels — and training my own dog (myself, with help, as needed). Mine is a loving, lifetime commitment.Please note: I do not recommend an English mastiff for most folks. These are big, powerful dogs who are good-natured and calm, but do require some physical strength to handle, especially initially. (As a teenager, I had read about “Susan” an English mastiff whose presence allowed her mistress, a newspaper reporter, to go wherever she wanted, in safety. I decided that someday, somehow I would have an English mastiff: My husband helped me realize my dream with Trixie.)My advice for you:Consequently, were I in your position, I would concentrate on finding “the dog” that made me feel safe and answered my needs, whatever they are.If it’s companionship and having someone near who cares about you that you can talk with, then you’ll know when you have found the perfect dog for you.If it’s more, then clearly define for yourself: 1. exactly what you need and 2. try to identify the dog breed able to do this for you, then 3. find your ideal individual dog.Let your dog choose you: The commitment must be mutual.Make certain that your dog is well-trained (basic, obedience training, preferably by you — with or without a training class — using positive, up-beat repetition and reinforcement), understands what you want and need, has taught you to recognize what your dog is telling you, and knows how to behave, especially when the dog is “working.”Wearing the “Service Dog” vest and on-lead (even if the dog is sitting on a blanket in your grocery cart), if your dog behaves properly then you are good to go anywhere.Best wishes for every joy and success.Wishing you stay safe and healthy and happy,LeslieHere’s what the USA has to say:U.S. Department of JusticeCivil Rights DivisionDisability Rights SectionService AnimalsThe 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).OverviewThis 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 DefinedService 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 AllowedUnder 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 ControlUnder 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 AnimalsWhen 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.For more information about the ADA, www.ADA.govADA Information Line800-514-0301 (Voice) and 800-514-0383 (TTY)24 hours a day to order publications by mail.M-W, F 9:30 a.m. – 5:30 p.m., Th 12:30 p.m. – 5:30 p.m. (Eastern Time)to speak with an ADA Specialist. All calls are confidential.For persons with disabilities, this publication is available in alternate formats.Duplication of this document is encouraged. July 2011
Are there any official standards or manuals by which the unorganized militia would be organized, trained, and employed if it were called up for national defense as such (i.e., NOT drafted from a regular or reserve military service)?
Sure, the US Constitution tells us that the militia can be called for active Federal service, but is maintained by the States according to the regulations and training provided by the Congress [1]This didn’t happen, over the years…except for that part of the militia generally known as the “select militia,” or the “National Guard” (and in some States, a “naval militia,” as well) until the 1903 Dick Act codified the federal existence of an organized militia (the National Guard and the naval militia).[2]Today, there is a tremendous body of legislation, at the federal and state levels, and an even larger amount of regulations, training manuals, doctrine, etc., by which the unorganized militia could be trained.[3]The entire set of US Army Regulations[4] — all 497 of them! — would generally be applicable, except for that small subset that were designated as naval militia.[5] And even for the naval militia, much of the Army Regs could easily be applicable…although implementing Navy Regs would probably be better given their (eventual) specialization with something to do with maritime operations.[6] [7]In addition, the entire set of National Guard Bureau publications (Regulations, Manuals, and more), would be applicable.[8]Of course, certain publications would be of more use than others, such as:Regulations for the Order and Discipline of the Troops of the United States (from 1779, but still has a lot to say about basic military training and concepts, leadership, and more! It was literally written to train a rabble of barely- or not-trained militia how to be soldiers…and that problem would be front and center again under the problem proposed by the OP),[9]National Guard Regulation 350-1, Training Army National Guard Training,[10]Naval militia regulations[11] from a state like New York, with a functional naval militia, such as the New York Naval Militia Regulations,[12]and many, many more…If the militia were called into Federal active service, they would then become (at least part of…) the Militia of the United States…essentially, an arm of the US Army (or Navy, if naval militia).[13]How, exactly, this would occur is difficult to say because nothing like it has happened since WWII, and that was after the 1938 National Guard/Naval Militia laws completed the codification of the NG/NM as parts of the Federal structure…when federalized.[14]The easiest way to understand this wickedly complex problem might be:President calls for the activation of the militia of a state or states, say hurricane prone states like Florida and the Gulf States.Those states involved, after first laughing about it, but then realizing that the President is serious, and has the lawful authority to do it, talk to their National Guard Adjutant General, the senior State military officer.[15]Their TAG would tell them, probably, that their state laws do, indeed, describe which citizens of their states are part of the organized, and the unorganized militia. Significantly, the definition of “unorganized militia”[16] will need to be the federal one, since they aren’t being called directly for State service…but Federal service. In this case, the State acts as a “force generation” service for the delivery of a resource for federal service…Of the Gulf States, I think Texas, Louisiana, and Mississippi have a functional State Defense Force, along with Georgia and South Carolina,[17] with the Texas Guard also having a functional maritime component,[18] so Texas and those other states might have an easier time understanding the nature of the problem, and how to approach it, since it has current experience mobilizing its own Texas citizens under Texas laws…which experience would be useful in trying to mobilize any Texans for federal militia service. The concepts aren’t mutually exclusive, more like parallel.[19]Be that as it may, each State will determine a way to identify their citizens that are actually, as federal law defines it, members of the unorganized militia (and clean up their rosters of their National Guard and State Defense Forces, too, since they will be involved, as well).[20]After identifying those eligible citizens, the States will need to find them, and notify them of their impending “call to active service” as members of the unorganized militia of the United States, such as the method in law for California where the Governor may order the “enrollment” of citizens. Failure to enroll after a notification is a misdemeanor civil crime under California statute…essentially, failure to report or deliberately shirking public duty…[21]This will probably involve issuing them orders under State law to muster as State militia, likely at their nearest National Guard armory (the NG taking point on running this). Louisiana has a fairly detailed state law about this.[22] [23]Those who show up, bewildered about just what is happening, are informed they are duly enrolled into their State’s active service, they are now under State military law (each state maintains their own version which is usually close if not exactly word for word matching to the US Uniform Code of Military Justice, such as that of Louisiana[24]) so if they leave or run away they will be declared a State deserter and the state law enforcement will hunt them down and arrest them for desertion or other violations of their state’s military code.They are run through basic screening, medical physicals (with either NG/military doctors or contract doctors brought on for the specific purpose under State contract), fill out paperwork, etc. Those that are utterly not qualified are paid for a day or two, with travel expenses like mileage, and sent home with the thanks of a Grateful State and Nation. Some nice piece of paper for showing up and trying.Those who pass the screening, are told they are being trained, equipped, and organized as part of their State’s militia for XXX days/months, until they are prepared to be federalized and turned over to the US Army (or Navy). The National Guard takes the lead on this training, with close supervision by US Army and Navy observers sent specifically for the purpose of inspecting and instructing (as they did throughout history, whenever the militia was being mustered with a purpose..).A fairly large percentage of those who passed the initial screening will probably later fail, or desert. Those who legitimately fail out, or present good reasons to be discharged, will probably be given the “thanks of the Grateful State and Nation” form, paid off, and sent home.Those who are deserters will be identified as such, and the state law enforcement put on their scent to be arrested and returned to state military control to stand trial by court-martial or other disciplinary actions as determined by their commanders. Or perhaps just discharged with a State version of the Other Than Honorable discharge…so everyone knows they were a deserter and broke faith with their State and Nation…publish their names in a list, perhaps…public shaming.After accomplishing the basic muster, organize, equip, train to a very basic standard, by that time the Feds should have figured out what forms to use, laws, etc., to actually effect the transfer of the State militia to the Militia of the United States for federal active service. Doing it as even provisional “units” from each State makes this easier, even if the Feds later break them up for other purposes once in Federal service, much like the training platoons at basic training are later broken up as the graduates are sent onward.At the point where the militiamen are now transferred to Federal control, they will probably take the Federal Oath of Office (for those who are tendered temporary federal commissions due to their experience, skills, and/or leadership), or the Federal Oath of Enlistment (for everyone else). More paperwork, more briefings, making sure they know that they were now no longer officers and employees of their State, but on Federal active duty and as such were now subject to the Federal UCMJ and command and control for nation-wide service.Probably a few more will try to desert, but this time, they get treated like any other Federal deserter, and a nationwide arrest warrant goes out for them.The rest get put to work doing whatever it was that required the President to call them out…In reality, for a small number of people that were required, this could be done rather quickly. If more were needed, it would quickly become a complete goat rope/cluster…This is why the US has a very robust National Guard and Federal reserve component…about 1,000,000 already on the books as trained and ready military personnel. And another 2 million military retirees (and sure perhaps only 50% of the retirees are qualified to do anything…but that’s still 1,000,000 more or less already trained and qualified for something manpower)……The totality of all States’ enrolled “State Defense Forces” (SDF) today, in the 25 or so States that have them, whether Army, Air, or Naval components, is only something like 25,000.[25]BOTTOM LINE: Between the 1,300,000 active duty military, the 1,000,000 reservists and National Guardsmen, the 2,000,000 military retirees, and the various cats and dogs like the SDF’s, other public safety members (well 1,000,000 police, fire, EMS, medical providers, hazmat, emergency management, etc.), and the several million Govt civil servants (from Federal down to local) that are capable of being directed into public safety work (like in California, where every single State and local civil servant is sworn in as a disaster service worker, meaning they can be ordered to perform duties outside their normal duties if required in an emergency),[26] there should never be a need to “call forth the militia” — meaning the unorganized militia, because the National Guard (and the SDF’s, for that matter) are part of the “organized militia.”[27] Not when any Governor can call upon their entire State’s own organized militia, and if that isn’t enough, call upon neighboring State’s organized militias under Emergency Management Assistance Compacts[28] for mutual cooperation, as well as their entire State’s public safety and civil service as needed and within their capabilities…And a final note: any time a State has an emergency that meets certain criteria, they are eligible to request reimbursement of funds expended to handle that emergency, which is why we hear so much about “The Governor has declared the Counties of XXX and YYY as disaster areas.”[29] Because, that gives then leverage to get Federal disaster assistance and reimbursement for all State money spent, even on things like overtime, salaries, transportation, goods and services, contracts, etc., under the Stafford Act.[30]Footnotes[1] Guide to the Constitution[2] Guide to the Constitution[3] http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=2548&context=ylj[4] Army Publishing Directorate[5] Naval Militia | Encyclopedia.com[6] 10 U.S. Code § 246 - Militia: composition and classes[7] U.S.C. Title 10 - ARMED FORCES[8] NGB Publications[9] Revolutionary War Drill Manual[10] http://* https://www.ngbpdc.ngb.army.mil/Portals/27/Publications/ngr/ngr%20350-1.pdf?ver=2018-09-07-082540-017 (https://www.ngbpdc.ngb.army.mil/Portals/27/Publications/ngr/ngr%20350-1.pdf?ver=2018-09-07-082540-017)[11] New York Naval Militia Forms, Instructions and Notices[12] https://dmna.ny.gov/forms/naval/dmna_reg_10-1.pdf[13] Militia (United States) - Wikipedia[14] http://sgaus.org/wp-content/uploads/2016/11/Legal-Status-of-the-Militia_20161117_075840.pdf[15] State Association Directory - State[16] In the US, what exactly is an unorganized militia? A body of civilians are not under federal control.[17] Commanders[18] State Guard - Texas Military Department[19] https://sgaus.org/wp-content/uploads/2015/10/State-Defense-Force-and-Homeland-Security.pdf[20] You Might Be A Member Of The California Militia And Not Even Know It[21] Law section[22] 2013 Louisiana Laws :: Revised Statutes :: TITLE 29 - Military, Naval, and Veteran's Affairs :: RS 29:7 - Calling militia for active service by governor; homeland security and emergency preparedness; public emergency[23] http://Revised Statutes TITLE 29 - Military, Naval, and Veteran's Affairs RS 29:25 - Manner of calling for duty Universal Citation: LA Rev Stat § 29:25 §25. Manner of calling for duty A. Officers and enlisted men may be called for duty in any of the following ways: (1) By stating the substance of the order or by reading it to him in person or over the telephone. (2) By radio or television communication. (3) By leaving a copy of the order with a person of suitable age and discretion at his last known place of residence or business. (4) By sending a copy of the order or a notice containing the substance thereof by mail, telegraph, or facsimile transmission directed to him at his last known place of residence or business or to the post office nearest thereto. B. The call may be given by an officer or noncommissioned officer. Acts 1974, No. 622, §1; Acts 1992, No. 530, §1, eff. July 1, 1992.[24] 2013 Louisiana Laws :: Revised Statutes :: TITLE 29 - Military, Naval, and Veteran's Affairs[25] These states have their own armies not under the control of the Commander In Chief[26] https://www.csac-eia.org/services/risk-control/toolbox/best-practices-library/miscellaneous/public-entity-disaster-service-worker-best-practice/[27] Organized Militia[28] Emergency Management Assistance Compact[29] The Disaster Declaration Process[30] Robert T. Stafford Disaster Relief and Emergency Assistance Act
What is the best U.S. Civil War battle site to visit?
I’ve visited a lot of the battlefield parks and found all of them rewarding in different ways. All have excellent museums [with enlightening video programs about the battles] and bookstores.it is true that some are over-developed and over-decorated. In my opinion, both Gettysburg and Vicksburg have far too many monuments. There’s nothing wrong with the monuments per se, but their sheer number and grandiosity overwhelms the sense of what I call “feeling the ghosts.” [That’s not to be taken literally…I just mean a momentary flash of imagination that permits you to feel as though you were there and marched with real people making real history.]Fredericksburg does have more houses on the fields of action than would be ideal. But it was a city even when the battle was fought, so the scenery has not changed too much for the well-instructed imagination to recreate.The sunken road and its stone wall are fragments of what they were, but they are still the most evocative Civil War scene I’ve ever seen. A house pocked with bullets still stands, and there is a well where Confederate Sgt. Richard Kirkland — the “Angel of Marye’s Heights” — reportedly filled his canteens before risking his life to cross the wall and succor wounded enemy soldiers.[There has been some debunking of details surrounding the Kirkland legend, including whether the right man was credited, but the story seems to be rooted in an actual event. There is enough support in officer testimony and eyewitness accounts to corroborate the underlying theme that some Confederate went over the stone wall into the field filled with Union casualties to bring water to suffering enemy soldiers.]If you visit Vicksburg, I very STRONGLY recommend that you be sure to visit the U.S.S. Cairo museum. This Union armored gunboat was sunk in the Yazoo River by an electrically detonated mine set off by two Confederate soldiers, but all hands survived. The detritus of their daily lives is now observable in the museum, as is the ship itself — raised in the 20th century, preserved where possible and cleverly outfitted with supplementary display parts to give visitors a real feel for the boat as they walk through it.Antietam and Shiloh are scattered because they were very large battles. But there is easy access by foot and/or car to critical areas that figure prominently in any books you might read about the battle. You can look at Burnside’s Bridge and the heights from which Georgia infantry stymied his flank attack at Antietam, and you can visit the Hornet’s Nest at Shiloh as if it were your own garden.I disagree with the criticism of the Chancellorsville park. Indeed it is not a battle site that you can take in with one glance, because the battle was also farflung. However, the most critical parts, the ones that make it a classic of military operational art and tactics are untouched by development and accessible to visitors.I am thinking particularly of the path where Lee and Jackson met, and Lee, sitting on a tree stump, drew a sketch showing Jackson where to lead his corps to execute a turning movement against the Army of the Potomac’s rear. Lee’s bold gamble did what generations of commanders said never to do — namely, further subdivided the already divided Army of Northern Virginia in the face of a larger enemy army — and sent Jackson’s corps off, out of contact with Lee and his main force. And you can see the path that Jackson followed to execute Lee’s concept. And you can see where Jackson’s corps emerged from the woods in the Union rear and routed the enemy, leading to Union withdrawal north and cementing Chancellorsville in many minds as the greatest masterpiece of Lee’s career.Nearby are other important battlefields, including the Wilderness [perhaps the hardest to really grasp, just as it was perhaps the hardest terrain the main Civil War armies ever encountered to fight in] and Spottsylvania Courthouse.Numerous other battlefields are within a day’s drive, including the battles of the Seven Days Campaign, Cold Harbor, Petersburg and Five Forks.Tennessee and Georgia offer some important and educational sites, including Stone’s River, Franklin, Murfreesboro, Chattanooga and neighboring mountains [Lookout Mountain and Missionary Ridge], Chickamauga, and the Atlanta campaign [especially Kennesaw Mountain].I found Stone’s River and Chickamauga especially good parks to visit, because [1] the battles were important and militarily interesting but fairly compact and [2] the parks seemed to me to include most of the really important terrain [though I could be wrong: The American Battlefield Trust is the go-to expert source on which battlefields most desperately need to add additional acreage containing critical ground…see About the American Battlefield Trust: Our Mission & Guiding Principles]Finally, I recommend that you never overlook the smaller parks. Some of the smaller battles had historical impact out of proportion to the size of the armies engaged and the number of casualties inflicted and some are of great military interest, too. [NOTE: a few excellent battle sites are state or locally run rather than being part of the National Park Service system.]Examples of smaller but valuable sites well worth visiting would be Pea Ridge in Arkansas; Perryville in Kentucky; Parker’s Crossroads in Tennessee; Brice’s Crossroads, Corinth and Tupelo in Mississippi [the latter allowing a side trip to the Elvis Presley birthplace and museum if you’re so inclined].You have likely noticed that there are some very important battlefields not mentioned here, e.g., Mansfield in Louisiana; Monocacy in Maryland; Champions Hill, Iuka and several other Mississippi battlefields from Grant’s sweeping turning movement against Vicksburg. I have omitted them because I have not personally seen them [yet].However, you can find abundant information about them on a number of websites. I have full expectations that when I do get to see them, I will find them as informative, as moving, and as well-managed as the other parks I have visited already.
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