There are tons of misconceptions about service dogs and what the laws actually are that pertain to them. Some of these misconceptions include, service dogs must be registered, service dogs must be professionally trained, service dogs must wear gear or identifying markers, and much more! In this article I will be addressing these common misconceptions and helping you learn how the Americans with Disabilities Act pertains to them.
Many people believe that service dogs must be registered. This is easy to believe because when you google “service dog” the first thing to pop up is websites that say things like “Official Service Dog Registry'', “ADA Service Dog Registry”, and “United States Service Dog Registry”. These all sound really legitimate, right? Well unfortunately they are not. There are tons of people out there that take advantage of disabled people by making websites like this. Most of them claim to make a service dog real, all you have to do is register it. Let's check out what the ADA has to say about that. On July 20, 2015, the ADA released a statement saying “There are individuals and organizations that sell service animal certification or registration documents online. These documents do not convey any rights under the ADA and the Department of Justice does not recognize them as proof that the dog is a service animal.”
There is also a common misconception that a service dog must be professionally trained and certified. The ADA says “People with disabilities have the right to train the dog themselves and are not required to use a professional service dog training program.” If they don’t need to be certified then how can you prove a dog is infact a service dog you may ask? You can do this by asking 2 questions. The ADA says, “In situations where it is not obvious that the dog is a service animal, staff may ask only two specific 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 are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person's disability.”
You may also believe that a service dog is required to wear a vest or identifying markers such as a collar, leash wrap, or specific leash to gain public access. This too, is false. The ADA states “The ADA does not require service animals to wear a vest, ID tag, or specific harness.” The reason for this is even if they are not professionally trained, service dogs are expensive. A gear set for a service dog can cost over $100. You may ask, why don’t they just get a vest off of amazon that is only $20 then? There are a few reasons for this. One of which is, some builds of dogs do not properly fit into a cheap harness. If the harness fits improperly it can rub the dog causing sores. Then the handler must take the dog to the vet which costs even more money. Not to mention no one wants their dog harmed. Some people also don’t have access to amazon or other online services to buy a vest for their dog as their disability prevents it. E.g. blind people.
Another thing many people believe is a service dog, under all circumstances, must always be on a leash. While in most cases this is true, there are some situations in which a service dog may be off leash. One of those situations as described by the ADA is, “a returning veteran who has PTSD and has great difficulty entering unfamiliar spaces may have a dog that is trained to enter a space, check to see that no threats are there, and come back and signal that it is safe to enter” The ADA states “The service animal must be harnessed, leashed, or tethered while in public places unless these devices interfere with the service animal's work or the person's disability prevents use of these devices. In that case, the person must use voice, signal, or other effective means to maintain control of the animal.” Due to the fact the service animal in the above situation cannot perform the task it is permissible under the ADA for the handler to remove the leash. Another example is someone who has seizures may have their service dog off leash at all times. The reason for this is having a leash on a service dog when you have a seizure can cause injury to both the dog and handler. There have been cases of the handler breaking a limb due to the leash getting tangled around them and restricting their movement when they convulse, the dog getting pinned and repeatedly hit, and even the dog getting their head slammed onto the ground causing a tooth to pierce their lip. In this situation, a leash interferes with both the handler's disability and the dog's ability to carry out tasks like moving objects so the handler does not hit them during the seizure.
You may be wondering when you can remove a service dog from your establishment & how the ADA protects you. The ADA states, “The ADA requires that service animals be under the control of the handler at all times. In most instances, the handler will be the individual with a disability or a third party who accompanies the individual with a disability. In the school (K-12) context and in similar settings, the school or similar entity may need to provide some assistance to enable a particular student to handle his or her service animal. The service animal must be harnessed, leashed, or tethered while in public places unless these devices interfere with the service animal's work or the person's disability prevents use of these devices. In that case, the person must use voice, signal, or other effective means to maintain control of the animal. For example, a person who uses a wheelchair may use a long, retractable leash to allow her service animal to pick up or retrieve items. She may not allow the dog to wander away from her and must maintain control of the dog, even if it is retrieving an item at a distance from her. Or, a returning veteran who has PTSD and has great difficulty entering unfamiliar spaces may have a dog that is trained to enter a space, check to see that no threats are there, and come back and signal that it is safe to enter. The dog must be off leash to do its job, but may be leashed at other times. Under control also means that a service animal should not be allowed to bark repeatedly in a lecture hall, theater, library, or other quiet place. However, if a dog barks just once, or barks because someone has provoked it, this would not mean that the dog is out of control.” in the event that a dog is being disruptive or is out of control, the ADA says “ What can my staff do when a service animal is being disruptive? If a service animal is out of control and the handler does not take effective action to control it, staff may request that the animal be removed from the premises.” however, “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.”
What does the ADA have to say about establishments that sell or prepare food? What is having a pet in the establishment is a violation of health codes? The ADA states “Service animals are working animals, not pets.” it also states,“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.” You may ask, does this mean i must allow a service dog to ride in a shopping cart through my store, or sit at the table in my restaurant? No. The ADA also states, “ Are stores required to allow service animals to be placed in a shopping cart?Generally, the dog must stay on the floor, or the person must carry the dog. For example, if a person with diabetes has a glucose alert dog, he may carry the dog in a chest pack so it can be close to his face to allow the dog to smell his breath to alert him of a change in glucose levels.” and “Are restaurants, bars, and other places that serve food or drink required to allow service animals to be seated on chairs or allow the animal to be fed at the table?No. Seating, food, and drink are provided for customer use only. The ADA gives a person with a disability the right to be accompanied by his or her service animal, but covered entities are not required to allow an animal to sit or be fed at the table.”
What if you do not allow specific breeds like bully breeds, german shepherds, and rottweilers into your establishment? The ADA states, “Can individuals with disabilities be refused access to a facility based solely on the breed of their service animal? No. A service animal may not be excluded based on assumptions or stereotypes about the animal's breed or how the animal might behave. However, if a particular service animal behaves in a way that poses a direct threat to the health or safety of others, has a history of such behavior, or is not under the control of the handler, that animal may be excluded. If an animal is excluded for such reasons, staff must still offer their goods or services to the person without the animal present.If a municipality has an ordinance that bans certain dog breeds, does the ban apply to service animals?No. Municipalities that prohibit specific breeds of dogs must make an exception for a service animal of a prohibited breed, unless the dog poses a direct threat to the health or safety of others. Under the “direct threat” provisions of the ADA, local jurisdictions need to determine, on a case-by-case basis, whether a particular service animal can be excluded based on that particular animal’s actual behavior or history, but they may not exclude a service animal because of fears or generalizations about how an animal or breed might behave. It is important to note that breed restrictions differ significantly from jurisdiction to jurisdiction. In fact, some jurisdictions have no breed restrictions.``
So when exactly can a service dog be excluded? The ADA states, “The ADA does not require covered entities to modify policies, practices, or procedures if it would “fundamentally alter” the nature of the goods, services, programs, or activities provided to the public. Nor does it overrule legitimate safety requirements. If admitting service animals would fundamentally alter the nature of a service or program, service animals may be prohibited. In addition, if a particular service animal is out of control and the handler does not take effective action to control it, or if it is not housebroken, that animal may be excluded.”
So when does a service dog's presence fundamentally alter the nature of your business? “In most settings, the presence of a service animal will not result in a fundamental alteration. However, there are some exceptions. For example, at a boarding school, service animals could be restricted from a specific area of a dormitory reserved specifically for students with allergies to dog dander. At a zoo, service animals can be restricted from areas where the animals on display are the natural prey or natural predators of dogs, where the presence of a dog would be disruptive, causing the displayed animals to behave aggressively or become agitated. They cannot be restricted from other areas of the zoo.”
Many people believe emotional support and therapy animals are the same as service animals. However the ADA states, " Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA? No. These terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA. However, some State or local governments have laws that allow people to take emotional support animals into public places. You may check with your State and local government agencies to find out about these laws."
Sources:
ADA FAQ
ADA revised requirements
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