What exactly are service dogs?

The Americans with Disabilities Act (ADA) governs and regulates assistance animals, more commonly referred to as service dogs, for the disabled.

Since March 2011, only dogs are recognized as service animals under the titles II and III of ADA.

Title II refers to state and local government services. Title III regulates access of service dogs to public accommodations and commercial facilities.

Title II and III facilities must allow service dogs access to all areas where people are allowed to go.

Service dogs are dogs that are trained to do work or perform tasks for people with disabilities. The task or work performed by the service dog must be specific, or directly related, to the disability of the disabled handler.

Service dogs are working dogs. They are not pets.

A service dog that rides around in someone’s shoulder bag is a pet, not a service dog. It has no business in a store, a hospital or an airplane. Even it is wearing a colorful harness with “service dog” plastered all over it.

Iguanas, ducks, and snakes are not assistance animals under ADA rules.

Regardless of what their owner tells the air stewardess.

There are two notable exemptions to this general rule:

• Miniature horses do qualify as assistance animals,
• The Fair Housing Act and the Air Carrier Access Act

use broader definitions for assistance animals.

ADA definitions do not supersede these more general definitions.

State and local governments, businesses and non-profit organizations must allow service dogs access to all areas where the general public is allowed to go.

Service dogs must be leashed, harnessed or tethered at all times except when this requirement would interfere with the service animal’s work or when the disability of the handler would prevent the use of these control devices. Under these circumstances, the service dog must be under voice, signal or any other effective control available to the disabled person.

It follows that service dogs require specialized training above and beyond the basic training any dog should have. “Good canine citizen training”, as it is sometimes referred to, is not sufficient for a service dog.

An assistance dog needs to be trained to perform work or a service that is directly beneficial to the disabled person or significantly improves his or her ability to function.

Of course, there are times when it is not obvious what work or service the service dog is performing. In such a case, the staff of an establishment may only ask two questions:

• 1. Is the dog a service dog because of a disability,
• 2. What work or service has the dog been trained to perform.

However, the staff cannot ask for medical documentation, medical identification card or proof a specialized training. And neither can the staff nor anyone else demand that the dog demonstrates its skills or the ability to perform the service or work.

Allergies or a fear of dogs are not valid reasons to exclude a service dog from a facility.

A service dog can only be removed from a location if the animal is out of control and the handler does not take control of the dog or if the dog is not housebroken.

A person with a service dog also cannot be separated or isolated from other patrons of the establishment. They also cannot be charged fees regular customers are not asked to pay.

There are a few other provisions relating to service dogs. To get an authoritative overview on service dogs and miniature horses go to the ADA website. This site also has links and information on other service dog related questions as well as access to confidential consultations with an ADA specialist.

Owners of a legitimate service dog who have encountered or are encountering difficulties in accessing public facilities can file an ADA complaint by mail, fax or online.

Decades after ADA went into effect, one would expect complaints about service dog related discrimination to be relatively rare. The opposite is the case.

Why you ask?

Because the number of irresponsible dog owners who fraudulently declare their per a service dog continues to rise. Some feel they cannot be without their pooch for a few hours, others try to save money on airfare by fraudulently declaring their pet a service dog. And yet others, just test how far they can push the envelope.

Hundreds of Internet site cater to these fraudsters by offering ‘service dog harnesses’, patches and fake service dog certifications or identifications.

None of them are valid in the eyes of the law.

There is no legal requirement for a service dog to wear an identifying harness or patch. Nor do valid official service dog identifications exist.

If you are foolish enough to spend a few hundred dollars on a fake service dog harness and patch or a phony service dog ID Card that is just as worthless as the ‘service dog certification’ from a self-appointed service dog certification organization, go ahead. You deserve to be fooled and made the butt of jokes.

However, there is one tragic consequence of this rampant fraud:

True service dogs that work every day to make the life of a disabled person a little easier get discriminated against because of the out-of-control fraud associated with ADA service dog rules.

So, how do you recognize someone’s fake service dog?

Actually, it is easier than you might expect.

If you see a dog, most frequently a small dog of the lapdog category, wearing a huge, multi-colored, impressive looking harness with ‘service dog’ plastered all over it, you are more likely than not looking at a service dog impostor. Does he also have a few patches inscribed with ‘service dog’ somewhere on the harness? It is a fake for sure.

Only ignorant business managers, facility staff and easily intimidated other personnel will also fall for the impressive service dog ID cards, these reckless pet owners are likely to flash at you.

The ID cards are not worth the paper they are printed on.

Their owner just got taken to the tune of about $ 250.00 and more.

But that is their problem. Mine is and yours should be that these con artists and their willing victims are causing big problems for true service dogs.

Because of it, legislators will eventually have to address this rampant abuse of well-intentioned provisions in the Americans with Disability Act.

PJJ

Next up:

Status of service dog laws and statutes in California.