Service Dog Laws of California

Trained and qualified service dogs are allowed to accompany their disabled handler to all publically accessible places. Selfish and inconsiderate pet owners are using this privilege to take more and more pets to places where they do not belong as I have explained in my previous article

What exactly are service dogs?

Today we will examine how a dog actually becomes a service dog.

A trained working dog can become a service dog in one of two ways:

• 1. Under the provisions of the Americans with Disabilities Act (ADA), a federal law, that defines and regulates service dogs, their use, and duty. These working dogs must be trained to perform a specific task or tasks that directly assist their disabled owner in his or her daily functions.

• 2. By qualifying the trained working dog as a service dog under state laws and regulations. Each state has a set of state laws and regulations pertaining to service dogs, their duties and privileges, and their protection.

Federal laws generally supersede state laws. But that is not always the case. With respect to service dog laws, a state law can indeed take precedence over federal law provided certain conditions are met. Federal provisions state that service dog laws under ADA supersede state law. The exception is when state law is stricter or more restrictive than federal ADA based legal requirements.

California is a good example for such a case. California service dog law provisions parallel closely those of ADA. 
However, ADA has no rules at all on how a purported service dog is qualified to function as one. ADA does not even require proof that the handler of an alleged service dog is actually disabled.

This lack of innate controls is what makes ADA so vulnerable to service dog fraud. It spawned an ever growing number of shameless websites that peddle phony service dog patches and ‘official’ harnesses, ID cards and even certificates of successful training as a service dog. 

The owner of a Chihuahua can enroll his dog in a ‘certified’ service dog training academy, pay several hundred dollars and harvest such a certification for successful completion of a training course for service dogs after a short online course or, worse yet, after receiving training instructions for the dog in the mail.

This “service” Chihuahua never ever had to leave his couch or the shoulder bag he is riding in for one second to qualify as a service animal. Nor did it have to interrupt snarling or barking for even a few minutes.

On the other hand, a dog with a California issued service dog license and his handler has to meet and prove a few requirements.

• Contrary to ADA, proof of disability is required before a California service dog license is issued.

• Furthermore, service dog license applications in California demand information on the services the service dog is performing for his handler.

• Individual animal services of counties and/or municipalities may ask that the dog demonstrate the skills he is specifically trained for.

Some animal control agencies do, other do not. My first non-ADA service dog had to demonstrate his training and ability to perform a specific task before the City of Santa Monica issued a service dog license for him.

• California service dogs must wear at all times a distinctive, easily recognizable service dog tag that will only be issued after all other requirements are successfully completed.

• Most importantly, the California owner of a service dog (or service dog in training) must sign an affidavit declaring under penalty of perjury that he/she is disabled.
  Fraudulent misrepresentations in this affidavit can make you “guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $1,000, or by both fine and imprisonment.”

It is obvious that California law and regulations regarding service dogs are far stricter than those of the Americans with Disabilities Act. Thus, California law pertaining to service dogs should supersede federal ADA provisions.

Of course, that does not mean that everything service dog in California goes by California statutes. ADA is more frequently used because it is more commonly known. And very easy to comply with. With its use, comes the service dog fraud.

Since there is widespread lack of knowledge of service dog laws, federal or state, among businesses, government agencies, landlords and other business owners, owners of service dogs are constantly exposed to denial of access or service, foolish arguments against access by a service dog and outlandish brain-dead arguments to justify an arbitrary refusal of service or access.

The dumbest argument I got into was when my California licensed service dog was on a municipal golf course in Los Angeles. The manager of the course explained to me that ‘they” have a policy of excluding canines from their course.

Dogs, the smart Aleck assured me, are canines. Therefore, he said, service dogs are precluded from being in the public areas of the golf course.

He stalked away when I explained to him that federal and California state law expressly grants service dogs access to all public places that I can go to. Since dogs are canines, I told him, other canids are also allowed access to the gold course. Thus, service wolves, service jackals, service foxes, and service coyotes are also entitled to visit his golf course.

I am recounting this foolish denial of access to illustrate that even government agencies and their employees are traipsing very much in the dark when it comes to service dog laws.

When business managers deny you and your service dog access to a facility because someone has “allergies”, don’t count on the police or other law enforcement officers to know much about the actual laws regarding assistance animals.

Not even their supervisors or watch commanders know much about the law. They will most likely have to ask the city or district attorney for guidance. Good luck with that.

For example, the City of Los Angeles does not even issue special service dog licenses. They give you a special price for a regular dog tag and note on the receipt that the license is for a service dog.

That piece of paper is worthless when it comes to convincing a recalcitrant manager that your dog is entitled to accompany you.

Can you really blame him the manager?

I would love to say yes. However, considering the overwhelming number of fraudulent service dogs that rampage through all kinds of public places, take up space on airplanes, ride around in shoulder bags in grocery stores and theaters , lift a leg on food aisles, and bark up a storm in restaurants, I have to say no.

I cannot blame them for their skepticism.

Now, the situation is easier to handle and a dispute can be avoided in almost any case when a California licensed service dog carries a service dog tag with a number and a telephone number on it.

The number identifies the dog (as a state licensed service dog) and the phone number is the number for the issuing animal control agency.

Any police officer, as ignorant as they may be of service dog laws, can simply call the number and get the information required to solve a dicey situation.

Most of the time, it is enough to point at the special, easily recognizable California service dog tag to squash an argument.

Except when a Los Angeles public golf course manager is involved, of course.

Trained service dogs of all sizes and breeds are a blessing to their handlers. Their services make life just a little bit easier for those who have to cope with physical and mental challenges.

People should welcome them and thank them for the assistance they give to their disabled handlers instead of subjecting them to arguments and discrimination.

Nevertheless, the ever present impostors give service dogs a bad name. As so often in life, a few selfish, inconsiderate, reckless individuals act as the proverbial few rotten apples that spoil a whole barrel.

We owe respect and assistance to those among us who have to cope every day with physical, mental and emotional challenges. And we should respect their working dogs that make life just a little easier for them.

But shouldn’t we also despise and shame those who commit fraud in order to sport a dog in the bag as a fashion accessory? Or defraud air carriers and many other businesses with their phony service animals?

Service dog laws must become stricter. At least, anyone claiming a service animal should have to prove a disability. That’s the minimum.

And there have to be minimum fines for fraudulently claiming a fashion accessory or a showpiece as a service animal.

Your precious Chihuahua has no right to ride around in a shoulder bag in 'my' grocery store nor does he have the privilege to be a constant noise nuisance on my flight.

PJJ

For your information and use, I have attached to this article a compilation of California laws and regulations regarding service dogs.

The excerpt is part of an all-encompassing, excellent compilation of State Assistance Animal Laws compiled by the Michigan State University, Animal Legal and Historical Center, authored and published by Rebecca F. Wish in 2016.

This compilation covers all 50 states. It is the most complete and useful overview of service dog laws by state. Topics include not only the actual assistance animal laws by state, but also “assistance animal accommodation laws, criminal interference laws, licensing laws, disabled pedestrian laws, and service animal misrepresentation laws.”

Each section has convenient links to the referenced provisions of the law for further information and study.

No need to walk in the dark any longer, rely on hearsay, and the gobbledygook of golf managers, business managers, police and other poorly informed wannabe authorities.

Here is the complete set of assistance animal related laws and regulations of California as set forth in the Table of State Assistance Animal Laws referenced above.

The section on California service dog laws follows below.

Definitions

Under public accommodation law:

"guide dog" means any guide dog that was trained by a licensed person.

"signal dog" means any dog trained to alert an individual who is deaf or hearing impaired to intruders or sounds.

"service dog" means any dog individually trained to the requirements of the individual with a disability, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair, or fetching dropped items.

West's Ann. Cal. Civ. Code § 54.1

Accommodation Law

Every individual with a disability has the right to be accompanied by a guide dog, signal dog, or service dog in any public place without being required to pay an extra charge.

A violation of the right under the Americans with Disabilities Act of 1990 also constitutes a violation of this section, and nothing in this section shall be construed to limit the access of any person in violation of that act.

West's Ann. Cal. Civ. Code § 54.2

Anyone who denies or interferes with admittance to or enjoyment of the public facilities or otherwise interferes with the rights of an individual with a disability is liable for each offense for the actual damages up to a maximum of 3 times the amount of actual damages, but in no case less than $1,000, and attorney's fees.

"Interfere," for purposes of this section, includes, but is not limited to, preventing or causing the prevention of a guide dog, signal dog, or service dog from carrying out its functions in assisting a disabled person.

West's Ann. Cal. Civ. Code § 54.3

It is a denial of equal access to housing accommodations to refuse to lease housing to an individual who uses an assistance dog.

West's Ann. Cal. Civ. Code § 54.1

Trained guide dogs, signal dogs, and service dogs trained may be transported in a schoolbus when accompanied by disabled pupils enrolled in a public or private school or by disabled teachers employed in a public or private school or community college or by persons training the dogs.

West's Ann.Cal.Educ.Code § 39839

Harassment of/Interference with Service Dogs

Interference/Harassment:

Any person who intentionally interferes with the use of a guide, signal, or service dog or mobility aid by harassing or obstructing is guilty of a misdemeanor, punishable by imprisonment in a county jail up to 6 months, or fine of not less than $1,500 nor more than $2,500, or both.

West's Ann. Cal. Penal Code § 365.6

Harassment of/Interference with Service Dogs

Interference/Harassment:

Any person who intentionally interferes with the use of a guide, signal, or service dog or mobility aid by harassing or obstructing is guilty of a misdemeanor, punishable by imprisonment in a county jail up to 6 months, or fine of not less than $1,500 nor more than $2,500, or both.

West's Ann. Cal. Penal Code § 365.6

Injury or Causing Death to Service Dog:

Unlawful to permit any dog to injure or kill any service dog while the service dog is in discharge of its duties. Violation is  infraction punishable by a fine if the injury is caused by the person's failure to exercise ordinary care. 

Violation is a misdemeanor if the injury is caused by reckless disregard in the exercise of control over his or her dog punishable by fine of not less $2,500 nor more than $5,000, or both. Upon conviction, the defendant shall make restitution, including veterinary bills and replacement costs.

West's Ann. Cal. Penal Code § 600.2

Any person who intentionally causes injury to or the death of any service dog, while the dog is in discharge of its duties, is guilty of a misdemeanor is guilty, punishable by imprisonment up to 1year, or by fine up to $10,000, or by both. Upon conviction, a defendant must make restitution to the person with a disability who has custody or ownership of the dog for any veterinary bills and replacement costs of the dog if it is disabled or killed.

West's Ann. Cal. Penal Code § 600.5

Driving Law

A totally or partially blind pedestrian who is using a guide dog, shall have the right-of-way.

Driver must yield the right-of-way and take all reasonably necessary precautions to avoid injury to this blind pedestrian

Failure to do so is a misdemeanor, punishable by imprisonment in the county jail not exceeding 6 months, or a fine of not less than $500 nor more than $1,000, or both.

West's Ann. Cal. Vehicle Code § 21963

Licensing Law

For a license, person must sign affidavit stating dog is trained assistance dog. Person who makes false affidavit faces 6 months in jail and/or $1,000 fine.

Upon the death or retirement of an assistance dog, the owner or person in possession of the assistance dog identification tag shall immediately return the tag to the animal control department that issued the tag.

West's Ann. Cal. Food & Agric. Code § 30850.

Fraudulent Representation 

Any person who knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed/qualified/identified as a guide, signal, or service dog shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $1,000, or by both fine and imprisonment.

West's Ann. Cal. Penal Code § 365.7

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.

The story of Leila and how she repossessed her bed

This is the story of Leila, a rescued American Bulldog, and how she repossessed her own bed that had been usurped by the resident dog.

For many years, I evaluated shelter dogs for animal rescue groups. On occasion, I did foster rescued dogs waiting for a permanent home. Most of them were large American Bulldogs, Staffordshire Terriers or other big bully breeds. None ever gave me a hard time despite the bad experiences and the abuse they had experienced.

In my work, I had a skilled and loyal assistant. His name was Windsor. He was a purebred Boxer. In fact, he spent his life as a stud animal. His owners turned him over to a shelter when he was no longer useful.

Windsor knew life in a prison-like pound and how it feels to spend a couple of years in a rescue shelter. As my service dog, he accompanied me during my trips to shelters where he assisted in evaluating dogs that candidates for rescue. He knew a good dog when he saw one. And no bad dog ever escaped his attention.

Then, Leila, an American Bulldog girl, entered our life. Her celebrity owner, a rap artist, had abused her. Animal control officers intervened and impounded her.

Since Leila was a big girl, she had a hard time finding a home for her. Windsor and I let her live with us.

She arrived at our home, complete with her own donated bed, warm blankets, toys, treats and real food. While I carried her supplies into the house, Windsor, the King, confiscated her bed. I found him proudly sitting in the middle of her new bed, eyes shining like bright stars and with a happy smile on his face. His body language told me: “Look, I have a new bed.”

Leila moved onto the floor.

See, here she sits at the threshold to the living room wistfully looking at her bed with Windsor lounging on it.

While Windsor tolerated her in his home, he jealously guarded her bed. He did not want her anywhere near it. Leila had to sleep on the floor for days on end.

Apparently, Windsor had never encountered a Bulldog in his life. Bulldogs can be quite determined and stubborn. Leila certainly was. She did not fight with Windsor. However, she was determined to repossess her bed or, at least, to be given equal use of it.

Persistence paid off. After days of creeping closer and closer to the coveted bed, Leila finally managed to come close, oh so close, to resting on it.

Today, she’s got her nose on the edge of the bed! Can you imagine what will happen next?

The rest of her body will follow soon, I guess. It is a little like giving the devil the tip of your small finger. He will soon take the whole hand.

Dogs are no devils, but they still know how to sneak up on you. Leila knew just how to do so with Windsor. See for yourself.

This is the situation a day or so later. Now Leila has her head and one shoulder on the bed. And Windsor is beginning to relinquish possession of part of the bed. Doesn’t it look like he is pretending not to see and not to notice her? But both of them are relaxed and comfortable.

End of story? No, of course not. Leila still has ways to go. And she does exactly that. A few more days pass, Leila and Windsor live together, go for walks together and have breakfast and dinner together. They share everything, except her bed.

Returning from a short grocery run, I find an entirely new situation. Something happened while I was gone. No, they did not fight. Of course not. Nevertheless, this is what I found.

I expected her to succeed in getting back on her bed eventually. But not so completely and so quickly. Doesn’t she look relaxed, comfortable and happy? I think so.

Behold the powers of a determined Bulldog girl!

But wait, there is more. We have not reached the end of the story just yet. The two are still crowded onto one side of the bed. And Windsor still owns most of the dog bed. But not for much longer.

Does this look like sharing or what? It does to me. Equal owners and partners.

Leila is bigger and younger than Windsor. She could have at least attempted to expel him from the bed by force. Yet, she chose not to pay back generosity with aggression, though she is clearly bigger and stronger than old man Windsor. Don’t you wish some people would have as much common sense as these two dogs? I do.

And now, drum roll for the grand finale.

Watch how Leila rewards Windsor for letting her sleep on her bed.

The embrace.

Leila made it. After weeks of hard work getting back on her bed, she rewards my Windsor with an embrace.

Honit soy qui mal y pense.

PJJ