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
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:
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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.
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.
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.
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Contrary to ADA, proof of disability is required before a California service dog license is issued.
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Furthermore, service dog license applications in California demand information on the services the service dog is performing for his handler.
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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.
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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.
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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.
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.
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.
It is a denial of equal access to housing accommodations to refuse to lease housing to an individual who uses an assistance dog.
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.
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.
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.
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.
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.
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.
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.
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.
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