New rules on pet quarantine may court lawsuit

The Governor’s Developmental Disabilities Council has warned the Department of Lands and Natural Resources against possible violation of the Americans with Disabilities Act after it reinstated the 120/60-day quarantine requirement for dogs and cats originating from rabies-infected areas.

In a letter sent to acting DLNR Secretary Richard B. Seman, Disabilities Council Executive Director Thomas J. Camacho said the quarantine policy violates Title II of the Americans with Disabilities Act of 1990 because it does not provide specific conditions to persons with disabilities who use guide dogs.

Camacho asked the department to immediately amend its recently issued regulation to prevent potential lawsuit. “It’s imperative that the policy be amended or exempt “Service animals” such as guide dogs used by persons with disabilities or travelers with visual impairments,” he said.

DLNR has reinstated the mandatory 120-day quarantine requirement at the As Perdido Animal Quarantine Facility for dogs and cats originating from rabies-infected areas in a policy announcement issued by then acting DLNR Secretary Eugene A. Santos. However, if the owner of such pet can meet the requirements, conditions, rules and restrictions as stipulated in the “Home Quarantine Agreement, then the animal may undergo only 60 days of the 120-day mandatory quarantine at the facility. The remaining 60 days can be met through a home quarantine.

Title II of the ADA provides that State/local governments must make reasonable accommodations to its systems of rabies prevention to avoid discrimination against individuals with disabilities.

The Northern Marianas may adopt a similar program in Hawaii, where a highly recommendable vaccine-based program for guide dogs was made as an alternative quarantine while at the same time following the island’s objective of maintaining a rabies-free status to protect the animals and the CNMI people’s health.

Persons with disabilities or with visual impairments who rely on guide dogs are to be exempted from the 120-day, 60-day home agreement quarantine and the pre-entry deadlines, if there’s any.

Failure to provide specific exemption will infringe on the constitutional rights of a traveler with disabilities to travel and eventually prevent them from enjoying the benefits, services programs or activities of the Northern Marianas, said Camacho.