For the past two days, we have been really focusing on the
Americans with Disabilities Act (ADA) and the rights of people who use service
dogs. Kristin Hartness, the executive director of Canines for Disabled Kids,
has been visiting us and sharing her expertise to help us learn more effective
ways to work with schools, children with service dogs, and their families.
During our discussions with Kristin, one point that kept
cropping up is the need to clearly differentiate a service dog from an
emotional support dog. One can accompany their human partner anywhere the
public is allowed to go. The other cannot. In this blog post, we’ll talk about
what a service dog is.
So what is a service
animal?
There has been a lot of media about fake service dogs and
businesses denying access to people with service dogs. Let’s take a look at
what the ADA says about service animals.
According to the ADA’s 2010 revised requirements,
service animals are “dogs that are individually trained to do work or perform
tasks for people with disabilities.” (Miniature horses are also covered under
the ADA, although they need to meet slightly different requirements than
service dogs do.)
The tasks that the dog performs must be directly related to
the person’s disability. For example, a service dog could provide deep pressure
to calm someone with post traumatic stress disorder (PTSD) or retrieve items
for someone in a wheelchair or with mobility issues. Both of these examples are
tasks that are directly related to a person’s disability.
However, retrieving items for someone with full mobility
would not be considered a task under the ADA because it doesn’t directly relate
to that person’s disability.
Note that the definition of service animals just says “dogs.”
It doesn’t specify breed. Although we use Labrador retrievers and some golden
retrievers in our program, other breeds can certainly be trained to be service
dogs.
What other
requirements are there?
Service dogs must always be under the control of their
partner. Typically, service dogs are connected to their partner with a leash,
although some dogs may be tethered to their partner. On the rare occasions when
the dog must work off leash, the dog must still be controlled through voice or
hand signals.
Where can a service
dog go?
A person with a service dog has public access, which means
the dog can accompany that person anywhere where the public is normally allowed
to go. So can they go into restaurants, even though health codes exclude
animals from the premises? Absolutely. Can service dogs go into grocery stores?
Yes, they can. Movie theaters? Of course. An examination room at the hospital?
Definitely.
The important thing, though, is that when service dogs are
in these public places, they are working. So if they accompany their partner to
a beach that normally doesn’t allow dogs, they must be working, just as if they
were accompanying their partner to the bank or grocery store.
There are a few places where service dogs are not allowed to
go without an invitation. For example, service dogs could be excluded from
hospital operating rooms, churches, and some government buildings. Now, some of
our service dogs in training do accompany their puppy raisers to church, but
the raisers needed to get permission from that church first.
Can businesses ask
questions about a service dog?
Not all public places understand the ADA as it pertains to
service dogs, and people with service dogs are often questioned when they
enter.
There are only two questions that staff at businesses or
other establishments can ask:
Is the dog a service animal required because of a
disability?
What work or task was the dog trained to do?
They can’t ask questions about the person’s disability, nor
can they ask for a demonstration of the task. They also can’t require someone
to produce documentation to certify that the dog is a service animal.
Can a service dog be
asked to leave?
A person with a service dog must be allowed access, but the
person can be asked to remove their service dog if the dog is out of control
and the person doesn’t do anything to control their dog and/or if the dog is
not housebroken. For example, if a person is in a restaurant with their service
dog and the dog continuously barks or growls, the person can be asked to remove
their dog. Of course, the person must be allowed back in without their service
dog.
Allergies and fear of dogs are not valid reasons to exclude
a person with a service dog. In a restaurant, for example, a service dog team
cannot be seated way in the back, far away from the other diners, because one
of the patrons has a fear of dogs or is allergic.
Can businesses charge
fees for service dogs?
No, a person with a service dog cannot be charged an extra
fee just because they use a service dog. If a fee, such as an admission fee for
a zoo, is required, the person with a service dog must be charged the same
amount as other patrons without service animals.
Since service dogs are not pets, businesses such as hotels
and taxi services also cannot charge any pet fees or deny service because the
dog will shed. Basically, the person cannot be charged extra fees because their
service dog exists.
A person with a service dog may choose to carry a lint
roller or bring a blanket to cover the bed (if the dog sleeps in bed with them)
or the seat of a taxi or rental car. But they are not required to do this.
However, if the service dog causes any damage, the person
can be charged for it. The dog is the person’s responsibility.
Who is responsible
for a service dog?
Like we just said, a service dog is the responsibility of
their human partner. The staff at a business are not required to provide any
sort of care for a service dog. Even if staff offer to bring your dog a bowl of
water, they’re not required to and it may be best for the person to take care
of getting their own dog’s water. And of course, no one but the service dog’s human
partner should feed the dog.
Where can you find
the service dog laws?
We highly recommend reading the Department of Justice’s
document about the ADA’s revised requirements for service animals. If
you have a service dog, you may want to even print it and carry it with you.
Although you’re not required to do this by law, it can make things much easier
if someone questions your right to enter a business with your service dog.
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