Page 24 - Winter 2018 Journal

or unloading a chair or congregating around the loading or For tips on resort animal policies, see “Pet Peeves”
sidebar on pg. 24. For ADA requirements on how to
unloading area. (There have been several instances of even
accommodate persons who are hearing-impaired,
highly trained avalanche rescue dogs who have become stuck see “Sign Language Interpreters” on pg. 26.
on the chair when unloading, causing them to be swung
around the lift’s bull wheel, or out onto the unloading area
where guests congregate.) credentialing organizations, including Wasatch Backcountry
During a lift evacuation, an animal could injure a Rescue (WBR) in Utah; Colorado Rapid Avalanche
patroller attempting to evacuate a person with a disability, or Deployment (C-RAD); and the Canadian Avalanche Rescue
injure other guests. A service dog unfamiliar with the evac- Dog Association (CARDA).
uation process could misinterpret a ski patroller’s attempt to Given the enormous safety risks, avalanche dogs start
evacuate or harness a person with a disability off of a lift as their training as early as eight weeks old, almost always as
something aggressive, potentially injuring the patroller, the puppies, as part of a chairlift socialization process. They start
dog’s handler, or even other guests on the chairlift or on the on stationary chairs, and as their training progresses, they
trails beneath the lift. Imagine how an untrained dog would move to open lifts. Dog obedience is critical, and even their
react on a long wind-hold on a chairlift, in blowing snow or breed factors into whether they are likely to have a suitable
freezing rain, trapped 100 feet above the ground in an unfa- temperament for the role.
miliar environment—the animal’s anxiety could cause it With all manner of wildlife tempting dogs, they are spe-
take any number of unpredictable actions. cifically trained and certified to ignore other animals on the
Moreover, there are serious and demonstrable risks to ground (rabbits, squirrels, marmots, ermine, etc.). These
dogs from getting cut or sliced by skis, whether loading or dogs also typically train with only one or two specific patrol-
unloading, or on or near trails with other skiers. lers to achieve the highest levels of obedience and bond with
In fact, patrollers who handle avalanche dogs repeatedly their handler. Generally, it takes a minimum of one entire
mention that it is not at all uncommon for a patroller or ski season before SAR dogs are truly capable of safely riding
another skier to seriously cut an avalanche dog’s legs or paws lifts. Special harnesses for each avalanche dog are fitted spe-
(as well as sever a tendon) during the loading or unloading cifically to the animal’s size and weight, with special belay
process on a lift, or when skiing with the rescue dog. A cut connections designed for lift evacuations, and can cost more
to a dog’s tendons would likely end the animal’s career as an than $1,000.
avalanche and rescue dog. Even with all of this intensive training, NSAA has
Many people question why someone with so much found that as part of a survey of ski resorts, SAR and ava-
invested in a service animal would put that level of invest- lanche dogs still have challenges and incidents riding lifts—
ment—both financial and emotional—at such unnecessary jumping, falling, and misloads when getting on and off lifts.
jeopardy (especially when the ski area is willing to pro- Given the risks to the SAR dogs and to prevent incidents
vide alternative transport in lieu of the chairlift). However, with guests, many ski areas also transport avalanche dogs via
DOJ regulations do not appear to allow businesses to take snowmobile or toboggan to further mitigate risks particu-
into account the risks to service animal itself when restrict- larly before or after the trails are open to the public.
ing access to service animals. While these concerns may not
be a legal basis for restricting the service animal, they could SERVICE - PET - COMFORT - SAR -
be used to educate if not discourage a guest with a disability
about these risks, and encourage the individual to consider Broad Consensus
other options of transport for accessing parts of the resort.
Nor are these risks speculative or remotely based on
stereotypes of persons with disabilities, which the DOJ’s Even outside American ski resorts, there appears to be broad
regulation prohibits for purposes of restricting service consensus about how US ski areas approach service animals
animals. While some ski areas allow certified search-and- on chairlifts.
rescue (SAR) dogs and avalanche dogs to ride chairlifts, For example, the US Forest Service (with 122 ski areas
those dogs are intensively trained and certified for chairlift operating under special use permits) does not require ski
riding, socialization, and obedience. (Winter Park, areas to allow service animals on chairlifts. This is import-
notably, does not allow its two avalanche dogs to ride lifts ant, because courts typically give deference to federal agen-
when they are open to the public, absent an emergency.) cies when interpreting federal regulations. The Forest Service
Moreover, these avalanche dogs are certified after training by has specifically approved resort operating plans with policies
(cont. on pg. 28)

22 | NSAA JOURNAL | WINTER 2018