In March 2011 the Department of Justice published a revised definition of “service dog” and the requirements such animals must meet. This move was long overdue because the requirements for a service dog according to ADA (American With Disabilities Act) were too wide and not clearly enough defined. That resulted in well meaning but ill conceived attempts of dog lovers to declare their pet a service dog when the animal in fact is only a pet.
Consequently, the owners of true service dogs had to cope with resistance from business owners and administrators whenever they were accompanied by their service dog. This reluctance to allow service dogs extended even to the State licensed dogs that had to pass a test in order to become a licensed service animal and are issued a state identification tag with a unique license number.
The following new definition of a service dog should make things a little easier, though it will not solve the problem created by pseudo service dogs and their petulant owners. The Justice Department issued this definition:
“Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.”
An owner of s service dog must no longer have a sensory disability in order to qualify his dog as a true service dog. However, the dog still must be individually trained to perform a task uniquely designed to assist his owner in ameliorating or offsetting a specific disability.
As I pointed out in my previous articles on service dogs the emphasis is on specifically “trained”. The dog must perform a task when required and asked to do so at all times and not just occasionally.
Qualifying psychiatric disabilities and tasks of service dogs are found at the IAADP’s Service Dog Tasks for Psychiatric Disabilities.
General information, rules, regulations and definitions are covered in ADA Americans with Disabilities Act, section 36.302 ff. The modifications to this act went into effect in March of 2011. You can find it at www.ada.gov. Please read it before engaging in any arguments over the admissibility of your service animal.
Federal housing and air travel rules are explained at http://www.animallaw.info/articles/ovuspetsandhousinglaws.htm while air travel is addressed in
(I) the animal is out of control and the animal's handler does not take effective action to control it; or
(II) The animal is not housebroken. (ADA 36.302; c Service Animals; (c 2 Exceptions).
The service dog must also be under the handlers control at all times (leash or harness requirement, obedience).
Contrary to previous provisions the management of an establishment is now allowed to ask two questions in order to determine the status of the dog as a service animal. These questions can ask what specific task the animal is performing for its owner. Questions regarding the nature and extent of the disability are not permitted.
Finally, a “service animal shall be under the control of its handler. A service animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal's safe, effective performance of work or tasks . . .”.
Sorry, no small noisemakers running free and loose all over the place.
The above covers updated laws and regulations of service dogs/animals under the ADA provisions. Many states and municipalities have their own regulations. Local policy is more likely to be familiar with these than with the ADA body of law. Though federal law supersedes local laws (except when local laws have stricter requirements) it is wise to opt for a state service dog license because of the mandatory test and the greater familiarity of law enforcement with local statutes.
Many local regulations require that the dog take and pass a test in order to qualify as a service dog.
The animal must demonstrate his ability to perform his tasks on command and to be under control of the handler. Dogs that successfully pass the test receive a license (similar to a dog license) that must be worn when on duty. It is a unique number that stays with the dog for life. In most jurisdictions it also has the added benefit that the service dog is exempt from dog license fees.
You can find further details on California state law regarding service dogs at cbears.wildboarbook.com/index.html.
I strongly support any efforts to broaden the requirements for an ADA service dog to include a
mandatory qualifying test. Many contentious arguments and difficulties owners of qualified service dogs are confronted with on an almost daily basis are caused by irresponsible dog owners who insist on taking their pet to places from which dogs are excluded.
This will only change when all service dogs will have to pass a test.
Which leads me to a final word on therapy dogs and emotional support dogs. They have never been covered under ADA as service dogs. Yet declaring a dog a therapy dog is the most frequent attempt to let a common pets enjoy the privileges of a service dog. Toy dogs in someones shoulder bag barking up a storm in grocery stores also do not qualify as therapy dogs but rather as a fashion accessory.
They serve no purpose other than the ego of the owner and must not be allowed near groceries under any circumstances. Many of these toys are neither trained nor housebroken.
Long, nasty battles over the rights of a therapy dog to access a public accommodation closed to pets are very frequent consequences of such misguided attempts. True service dogs and their owners suffer undeserved inconveniences because of irresponsible acts of inconsiderate pet owners.
In my humble opinion, federal and state laws and regulations on service dogs should be further tightened and strengthened in order to guarantee that the privileged status of service dogs remains protected and undisputed access of these working animals together with their handlers is guaranteed.
PJJ
