Service Dog Rights
As we have placed more and more dogs with clients, questions involving a service dog's rights are constantly popping in our email, social media, texting, and voice messages. That's great! It means people are wanting to know the right way to do things, and are trying to stay informed. So, we decided a post with FAQs and answers would be a fantastic idea! There will also be links to more information at the end.
Q1 What is a service animal?
A: Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person’s disability.
Q2 What does “do work or perform tasks” mean?
A: The dog must be trained to take a specific action when needed to assist the person with a disability. For example, a person with diabetes may have a dog that is trained to alert him when his blood sugar reaches high or low levels. A person with depression may have a dog that is trained to remind her to take her medication. Or, a person who has epilepsy may have a dog that is trained to detect the onset of a seizure and then help the person remain safe during the seizure.
Q3 Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?
A: 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.
Q4 Are service-animals-in-training considered service animals under the ADA?
A: No.Under the ADA, the dog must already be trained before it can be taken into public places. However, some State or local laws cover animals that are still in training. (Be sure and check with your state on these laws!)
Q5 Does the ADA require that service animals be certified as service animals?
A: No. Covered entities may not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, as a condition for entry.
Q6 My city requires me to register my dog as a service animal. Is this legal under the ADA?
A: No. Mandatory registration of service animals is not permissible under the ADA. However, as stated above, service animals are subject to the same licensing and vaccination rules that are applied to all dogs.
Q7 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?
A: 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.
Q8 Do apartments, mobile home parks, and other residential properties have to comply with the ADA?
A: The Fair Housing Act is the Federal law that protects the rights of people with disabilities in residential facilities. For information or to file a complaint, contact the U.S. Department of Housing and Urban Development at 1-800-669-9777.
Well, that hopefully answers some questions you may have had, if you have more questions you can go to the ADA website www.ada.gov or call toll free at 800-514-0301.
