Pet dogs are all equal. But some are more equal.
The top spot in the hierarchy of more equal dogs is occupied by police and rescue dogs.
Next are guide dogs, signal dogs and service dogs. All of them are service dogs with equal standing under the law.
California law (CALIFORNIA CIVIL CODE DIVISION 1) defines this group as dogs that were “trained by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or as defined in the regulations implementing Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336).”
Since guide dogs for the blind (Seeing Eye Dogs) are the oldest, most prominent and most recognized group among service dogs, they are commonly also considered as the most equal among service dogs. In fact, they are the quintessential service dog in people's mind. However, before the law they do not have rights and privileges that exceed those of other guide, signal or service dog.
California Penal Code Section 365.5 defines the terms 'guide, signal and service' dog. 'Service dog' means any dog “individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair, or fetching dropped items.”
It is not necessary that the service dog has been trained by a professional trainer as long as “. . . definitional criteria under federal regulations adopted to implement Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336)” are met.
The U.S. Department of Justice, Civil Rights Division, further explains in a 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.”
“Businesses that serve the public must allow people with disabilities to enter with their service animal.”
Other Federal laws granting access rights for service dogs include: “The Rehabilitation Act of 1973, Sections 501 . . ., 503 . . . and 504 . . . and the Americans with Disabilities Act . . .”.
Summing up: “The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.” (Phyllis DeGioia)
The operative word in the definition of a service dog is “trained”. Trained to do something the disabled person cannot do or can do only with great difficulty. Dogs that are not trained to perform a specific task for a specific individual are not service dogs as defined by ADA.
That puts a damper on the canine members on the next group in the hierarchy of more equal dogs: Therapy dogs.
Canine members of this group have friendly, outgoing, people oriented personalities. They enjoy being petted and to indulge humans with careful affection, tender contact and patient interaction. Therapy dogs make the lives of those confined to hospitals and nursing facilities more tolerable. They can bring great joy and anticipation into the loneliness of recluses.
Therapy dogs are admitted on special occasions into hospitals, nursing facilities, retirement homes, care facilities for children and convalescence homes to name a few places where therapy dogs get to go.
Therapy Dogs meet the needs of others, such as visiting nursing homes, hospitals, reading groups, not the needs of a specific individual and his or her disability.
Therapy dogs do not need special training other than the basic training any good canine citizen should have. Any good natured and nurturing dog can become a successful therapy dog without much further ado. They have no specialized training to perform a specific task for an individual with a disability, physical or mental, required for a service dog.
Consequently, they are not allowed in stores, restaurants, air planes and other public and private places that normally exclude dogs. Sorry, no therapy dogs in air planes either.
As a federal law, The Americans with Disability Act (ADA) supersedes State and local law except for provisions in State or local laws that provide a stronger protection for the disabled than those in ADA.
Therefore it is wise to check all State and local laws before you take your service dog to public and private areas that are normally not accessible to dogs. Many States require for example special ID tags that identify a service dog. For example, in California the Food and Agricultural Code, Section 30850 through 30854, deals with special 'assistance dog identification tags.
“30850. (a) The animal control department shall endorse upon the application for an assistance dog identification tag the number of the identification tag issued. As used in this chapter, "assistance dogs" are dogs specially trained as guide dogs, signal dogs, or service dogs.”
The code also requires that a person applying for an assistance dog identification tag sign an affidavit affirming that he understands Section 365.5 of the California Penal Code and its provisions regarding assistance dogs and the penalties for false statements.
The assistance dog identification tag stays with the dog for life. It has to be surrendered to Animal Control upon the death of the service dog.
The Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) are the predominant laws governing service dogs, their handlers, private and public establishments.
They are amended, further defined, and complemented by State and local laws.
In California you are looking at Civil Code Division 1, Sections 54-1, 54-2, 54-7, the California Food and Agricultural Code, sections 30850 – 30854 (special identification tags for service dogs) and last but not least California Penal Code 365.5 which affirms the right of a disabled person to have his service dog with him where otherwise prohibited, defines again 'service dog' (any dog individually trained to do work or perform tasks for the benefit of an individual with a disability) and guarantees “equal accessibility for all owners or trainers of animals that are trained as guide dogs, signal dogs, or service dogs in a manner that is no less than that
provided by the Americans with Disabilities Act of 1990 (Public Law 101-336) and the Air Carrier Access Act of 1986 (Public Law 99-435)”.
The local laws I checked for the purpose of this article did all somehow incorporate the provision of Federal law even on the city level.
Note the emphasis placed on “individually trained . . . for the benefit of an individual”. This requirement was of course quickly used by savvy dog trainers to establish training courses to the tune of up to several thousand dollars during which a dog is taught basic good dog manners, control commands and, maybe, a few general tasks such as fetch and alert. Much of the specialized work is however still left up to the handler who owns the dog. A situation that is also found in the training of guide dogs for the blind. You can purchase a fully trained Seeing Eye dog for thousands of dollars or get one that has some basic training and then complete the guide dog training yourself.
The Americans with Disabilities Act does not require that your service dog was trained by a professional trainer. It allows the handler to train her dog herself.
What do you need in California to make your dog a service dog:
1. A physical or mental condition as defined by law. "Disability" means any mental or physical disability as defined in Section 12926 of the Government Code. A disability not only in your mind, but documented in hospital or doctor's files and findings. A DMV handicapped placard would do nicely.
. . . "Medical condition" has the same meaning as defined in subdivision (h) of Section 12926 of the Government Code. (CALIFORNIA CIVIL CODE DIVISION 1. PERSON, 54 (b))
2. A dog, the service dog, individually trained to do work or perform tasks for the benefit of an individual with a disability as defined by ADA. The disability can be a medical or mental disability or condition.
3. A special assistance dog identification tag to be issued by local Animal Control in accordance with California Food & Agricultural Code, Sections 30850 – 30854. Animal Control “shall endorse upon the application for an assistance dog identification tag the number of the identification tag issued”.
4. These requirements, rules and privileges are applicable to fully trained service dogs but also to disabled handlers and their dogs in training.
5. A vest or clearly visible tag that identifies the dog as a service dog makes life easier on all parties involved, though it is not a legal requirement.
Sorry, barky toy dogs in bags are neither service nor therapy dogs, even if you claim that you will become depressed when your dog is not with you.
Service dogs of all types perform most valuable services for their owners and handlers. These dogs have to work hard every day to protect their owners or ease their physical burden. We should thank them by applying strict standards to the institution of service dog. We should not endanger their privileges by frivolous use of these protective laws in order to satisfy a selfish desire to carry a barky toy thing around at all times.
PJJ
