What is a Service Animal?

As specified under US Federal Law, 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 service 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, shuttles, grocery stores, department stores, hospitals, medical offices, theaters, health clubs, parks, and zoos.

The concept of a service animal is one which potentially offers significant and life enhancing benefits to millions of Americans, but the concept is little understood and largely unknown by individuals who could benefit most from this service. The Americans with Disabilities Act of 1990 (ADA) mandates the extension of equal treatment and civil rights to individuals with disabilities as are extended to all Americans. Under the ADA, individuals with disabilities are entitled to the assistance of a service animal. Landlords cannot refuse to rent to a person because of his service animal, nor can they require an additional security deposit. Privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxis, theaters, and sports facilities, are required to allow persons with disabilities to bring their service animals onto business areas in whatever areas customers are generally allowed.

How can I identify if a dog is a service dog and not just a pet?

Quite simply, you can ask the handler. "Is this a service dog?" You may also ask what tasks the dog has been trained to do for the handler. A service dog can be of any breed or size.

How do local health and safety laws apply to service dogs?

Service animals are NOT pets. Therefore, local laws that restrict pets from restaurants, housing, and theaters, for example, are not applicable to service animals. The Americans with Disabilities Act requires that access to public places and businesses is guaranteed as a civil right for persons with disabilities. This same civil right applies to people with service animals. Service animal owners must obey local leash and vaccine laws, and must have their dog under control at all times.

What if business owners or employees do not like animals or are afraid of them?

Any business that is open to the public must provide access to people with service animals. Plan ahead so that employees who are not fearful of dogs handle interactions with customers and clients with service animals.

What if the service dog barks or growls?

Find out what happened before taking action. Maybe someone stepped on the dogs tail or paw, causing it to yelp. Also, the dog may have barked in response to their handler's medical condition. If the service dog's behavior is disruptive or destructive you may ask the handler to remove it from the premises. The handler is responsible for any damage done by his or her service dog.

What if other customers complain about a service dog being present?

Explain to your customers that the service dog is medically necessary and that Federal Law permits people with service dogs to have access to public places.

Service Dog Etiquette

When you meet a person with a service dog, please remember that the service dog is working, You should not do anything to distract or interrupt the dog when it is working Some basic rules for interacting with service dogs include: -Speak to the person first and do not make distracting or rude noises or gestures at the dog. Do not touch or pet the service dog without first receiving permission to do so. Do not offer food to the service dog. Do not ask personal questions about the handler's disability or medical condition. Respect their privacy. Do not take offense if the service dog declines to discuss the service animal.

How do I get my dog certified as an assistance dog?

Currently there is no national certification available for assistance dogs. www.usdoj.gov.crt/ada/qasrvc.htm

What are the benefits of certification?

Since there is no standard certification process, this would vary with the organization you chose. Some programs offer a thorough certification process that can take two or more years and could include training classes, field trips and in-home instruction. In addition to being able to take pride in what you and your dog have accomplished, as a "certified" graduate, you might receive the program's identification card and dog equipment; you may also personally train your dog to accomplish your own specific needs.

How Does this Impact a Business?

• Businesses may ask if an animal is a service animal or ask what tasks the animal has been trained to perform, but cannot 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.
• 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 prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises.
• 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

How do I find out if I qualify for a service animal?

To qualify for a service animal license, you must be legally disabled under the criteria of the Americans with Disabilities Act of 1990. At present, there are no national certification standards required for service animals. There are numerous certification programs for service animals, some of which can include more than two years of training classes, field-trips, and in-home instruction. Alternatively, you may personally train your dog to undertake your own specific service requirements. We suggest the following Qualification Standards

What is a disability?

It is defined by the ADA as any physical or mental condition that substantially limits a major life activity. Activities such as walking, bathing, caring for oneself (mentally and physically), and hearing are some examples of major life disabilities. Some disabilities may not be visible such as deafness, epilepsy, or psychological conditions. Under the Health Insurance Portability and Accountability Act (HIPPA) of 1996, an individual is not required to disclose any information about their health status or medical history. A business that makes an inquiry is in violation of federal statute and could be subject to criminal and civil liability. An individual who believes that their medical privacy is not being upheld can file a complaint with the Department of Health and Human Services Office for Civil Rights (OCR).