SERVICE DOGS
This is Havoc and his owner posing as he is working....
ADA Business BRIEF: Service Animals
Service animals are animals that are individually trained to
perform tasks for people with disabilities - such as guiding people who are blind, alerting
people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a
seizure, or performing other special tasks. Service animals are working animals, NOT PETS..
Under the Americans with disabilities act (ADA), businesses and organizations that serve
the public must allow people with disabilities to bring their animals into all areas of the
facility where customers are normally allowed to go. This federal law applies to all
businesses open to the public, including restaurants, hotels, taxis, and shuttles, grocery
and department stores, hospitals and medical offices, theaters, health clubs, parks, and zoos.
* Businesses may ask if an animal is a service animal or ask what tasks the animal has been
trained to perform, but cannot require special ID cards for the animal or ask about the person's
disability.
* People with disabilities who use service animals cannot be charged extra fees, isolated from
other patrons, or treated less favorably than other patrons. However, if a business such as a
hotel normally charges guests for damage that they cause, a customer with a disability may be
charged for damage caused by his or her service animal.
* A person with a disability cannot be asked to remove his service animal from the premises
unless: (1) the animal is out of control and the animal's owner does not take effective action
to control it (for example, a dog that barks repeatedly during a movie) or (2) the animal
poses a direct threat to the health or safety of others.
* In these cases, the business should give the person with the disability the option to obtain
goods and services without having the animal on the premises.
* Businesses that sell or prepere food must allow service animals in public areas even if state
and local health codes prohibit animals on the premises.
* A business is not required to provide care or food for a service animal or provide a special
location for it to relieve itself.
* Allergies and fear of animals are generally not valid reasons for denying access or
refusing service to people with service animals.
* Violators of the ADA can be required to pay money damages and penalties.
The Fair Housing Act, as amended in 1988, prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. Its coverage includes private housing, housing the receives Federal financial assistance, and State and local government housing. It is unlawful to discriminate in any aspect of selling or renting housing or to deny a dwelling to a buyer or renter because of the disability of that individual, an individual associated with the buyer or renter, or an individual who intends to live in the residence. Other covered activities include, for example, financing, zoning practices, new construction design, and advertising.
The fair Housing Act requiresowners of housing facilities to make reasonable exceptions in their policies and operations to afford people with disabilities equal housing opportunities For example, a landlord with a "no pet" policy may be required to grant an execption to this rule and allow an individual who is blind to keep a guide dog in the residence. The Fair Housing Act also requires landlords to allow tenants with disabilities to make reasonable access-related modifications to their private living space, as well as to common use spaces. (The landlord is not required to pay for the changes.) The Act further requires that new multifamily housing with four or more units be designed and built to allow access for persons with disabilities. This includes accessible common use areas doors that are wide enough for wheelchairs, kitchens and bathrooms that allow a person using a wheelchair to maneuver, and other adaptable features within the units.
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There are cards availabe for a person with a disability (PWD) to carry with them for any questions about the disability.
If you are an employee or owner of any business open to the public including, but not limited to restaurants, hotels, taxis, shuttles, stores, medical facilites, theaters, parks, health clubs or zoos and you are being given this card, you have probably violated the federal Americans with Disabilities Act (ADA) and the civil rights of the card-holder. Violators of the ADA can be required to pay money damages and penalties.
For more information about the rights of persons with disabilities with service animals, please contact:
1-800 514-0301
Side 2: What is a service animal?
A service animal ia any animal individually trained to perform tasks for a person with a disability (PWD) such as to guide a personwho is blind, alert a person who is deaf, pull a wheelchair or pick up dropped items, alert or pretect a person with seizures or provide balance and mobility assistance, among other tasks. A service animal is not a pet.
* A PWD may be asked what tasks the service animal performs but may not be asked for special certification or ID cards for the animal and may not be asked about his disability.
* A PWD may not be charged additional fees to be accompanied by a service animal.
* A PWD accompained by a service animal must be admitted and may not be isolated, segregated or treated less favorably than other patrons.
These cards can be gotten through
Custom leather equipment for working service, show and companion dogs
(877)434-9869.
If you have further questions about service animals or other requirements of the ADA, you may call the U.S. Department of Justice's toll-free ADA Information Line at 1-800-514-0301 (voice) or 1-800-514-0383 (TDD).
Click here for more information.
Service (or assistance) dogs are dogs used to help a person with a disability. Guide dogs for the blind are one kind of service dog as are hearing dogs and mobility dogs. Service dogs can be used for many disabilities both visible and hidden, physical or pychiatric. Service dogs enable their disabled partners to live a more fullfilling and normal life. Service dogs may be aquired from an agency that trains them for such a purpose or the disabled individual may select and train their own (or pay someone to train them). There is no special breed that must be used though Labradors,German Shepherds and Golden Retrievers are many agencies favorites- but as long as they are of suitable temperment and physical/mental ability and can do the job, they may be a service dog. Lets look at what the law says concerning service dogs. To use a service dog the very first test is that the person must be disabled. This is what the law says-
"(2) Disability.--The term "disability" means, with respect to an individual-- (A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment. "Here is some further guidence on this-
"Physical or mental impairment. Under the first test, an individual must have a physical or mental impairment. As explained in paragraph (1)(i) of the definition, "impairment" means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs (which would include speech organs that are not respiratory such as vocal cords, soft palate, tongue, etc.); respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine. It also means any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. This list closely tracks the one used in the regulations for section 504 of the Rehabilitation Act of 1973 (see, e.g., 45 CFR 84.3(j)(2)(i)).
"Test 1- Substantial limitation of a major life activity. Under Test A, the impairment must be one that "substantially limits a major life activity." Major life activities include such things as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. A person is considered an individual with a disability for purposes of Test A, the first prong of the definition, when the individual's important life activities are restricted as to the conditions, manner, or duration under which they can be performed in comparison to most people. A person with a minor, trivial impairment, such as a simple infected finger, is not impaired in a major life activity. A person who can walk for 10 miles continuously is not substantially limited in walking merely because, on the eleventh mile, he or she begins to experience pain, because most people would not be able to walk eleven miles without experiencing some discomfort The question of whether a temporary impairment is a disability must be resolved on a case-by-case basis, taking into consideration both the duration (or expected duration) of the impairment and the extent to which it actually limits a major life activity of the affected individual. The question of whether a person has a disability should be assessed without regard to the availability of mitigating measures, such as reasonable modifications or auxiliary aids and services. For example, a person with hearing loss is substantially limited in the major life activity of hearing, even though the loss may be improved through the use of a hearing aid. Likewise, persons with impairments, such as epilepsy or diabetes, that substantially limit a major life activity, are covered under the first prong of the definition of disability, even if the effects of the impairment are controlled by medication.
Test 2 -- A record of such an impairment This test is intended to cover those who have a record of an impairment. As explained in paragraph (3) of the rule's definition of disability, this includes a person who has a history of an impairment that substantially limited a major life activity, such as someone who has recovered from an impairment. It also includes persons who have been misclassified as having an impairment. This provision is included in the definition in part to protect individuals who have recovered from a physical or mental impairment that previously substantially limited them in a major life activity. Discrimination on the basis of such a past impairment is prohibited. Frequently occurring examples of the first group (those who have a history of an impairment) are persons with histories of mental or emotional illness, heart disease, or cancer; examples of the second group (those who have been misclassified as having an impairment) are persons who have been misclassified as having mental retardation or mental illness.
Test 3 -- Being regarded as having such an impairment This test, as contained in paragraph (4) of the definition, is intended to cover persons who are treated by a public entity as having a physical or mental impairment that substantially limits a major life activity. It applies when a person is treated as if he or she has an impairment that substantially limits a major life activity, regardless of whether that person has an impairment.
So we see who is allowed to use a service dog in the first place- regardless of age or any other factors other then those stated, but this is not enough, now we must look to the dog. This is what the law says about the dog itself-
Sec.36.104 Definitions Service animal means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.
As we see, an animal must be individually trained to do work or perform tasks for the benefit of an individual with a disability. Individually trained, all agree, must include obediance training so that the dog behaves appropriately in public settings. This is a test that many agencies use to test the readiness of a dog for public access situations- I recommend that a person training their own dog, train it to these standards. Also some use the CGC (Canine Good Citizen)to test their dogs and It is also recommend this test as a guide. As for specific tasks to help a person with their disability, that is up to the agency and/or the disabled individual but the animal MUST be "trained to do work or perform tasks for the benefit of an individual with a disability" so there must be some kind of work or tasks beyond the obediance in my opinion, obediance is an important part but in my opinion not enough. Certification by any person, state, government or agency is NOT required for access, but may be for special privilages over and beyond what the ADA allows.
There are several federal laws which protect the right of a disabled individual to be accompanied by a service dog (see the list to the left)), as for service dogs in training, there is no federal protection. Whether or not a state allows for a service dog in training is up to the state itself. Other animals beyond dogs MAY be used as long as they are individually trained to assist their disabled owner. It is similarly a federal crime to fraudulantly represent yourself as a disabled individual (or working on a disabled individuals behalf)to gain access with an animal trained or not.
There are several states which have penal regulations which prescribe it illegal and a penalty for interferring with or harming a service animal which can include fines and/or jail time. It is also a felony under the existing rules to steal a service dog as a basically trained service dog that is fully ready for public access is worth far over the misdemeanor level as far as monetary worth goes- akin to stealing a car.
Any advice to those who wish to train their own dogs- It is advisable to first document that you are disabled by whatever means possible (dr, social security, therapists) the more, the better. Identify what your symptoms are and how your dog helps with those...or make a strategic plan on what tasks you plan to train your dog. Know the laws concerning service dogs and make sure you are following them. A letter from a dr (or other healthcare professional) stating your need for a service dog is most helpful...
If you have further questions about service animals or other requirements of the ADA, you may call the U.S. Department of Justice's toll-free ADA Information Line at 1-800-514-0301 (voice) or 1-800-514-0383 (TDD).
Click here for more information.
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