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Started By
Message
re: Service dogs?
Posted on 4/15/19 at 1:53 pm to Mr Clean
Posted on 4/15/19 at 1:53 pm to Mr Clean
quote:
That’s correct.
And you don’t have to produce the paperwork, anyway.
That is messed up in my opinion. A real service dog obviously has went through some pretty intensive training to be able to perform the specific tasks for that persons disability. It would only make common sense that at the end of the training that the dog be certified as such and have documents saying so. I would imagine a real trained service isn't cheap. I know if I needed one and had to buy it I would want some proof.
1
Posted on 4/15/19 at 1:53 pm to Ponchy Tiger
Common sense has been legislated away.
Posted on 4/15/19 at 1:53 pm to HenryParsons
"They are also not allowed to require any type of identification or certification documents for the dog or medical documentation from the handler. They also may not ask that the dog demonstrate what it has been trained to do."
That's how our Corp Lawyer told us to deal with it at work.
That's how our Corp Lawyer told us to deal with it at work.
Posted on 4/15/19 at 2:07 pm to Ponchy Tiger
There is a difference between a "service dog" and an "emotional support dog".
One of them has thousands of dollars dumped into training it and the other one can be a shih tzu that craps on the floor in walmart.
One of them has thousands of dollars dumped into training it and the other one can be a shih tzu that craps on the floor in walmart.
Posted on 4/18/19 at 10:53 pm to Ponchy Tiger
There are multiple federal laws that apply to service animals and there are significant differences between the laws, so the first question always has to be which law applies?
A person in a public accommodation (such as a store) would be under Title III of the ADA. The best resource for these regulations is the US Department of Justice QandA sheet regarding service animals under Titles II and III of the ADA. https://www.ada.gov/regs2010/service_animal_qa.html
====
Q5. Does the ADA require service animals to be professionally trained?
A. No. People with disabilities have the right to train the dog themselves and are not required to use a professional service dog training program.
====
Q7. What questions can a covered entity's employees ask to determine if a dog is a service animal?
A. In situations where it is not obvious that the dog is a service animal, staff may ask only two specific questions: (1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform? Staff are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person's disability.
====
Q8. Do service animals have to wear a vest or patch or special harness identifying them as service animals?
A. No. The ADA does not require service animals to wear a vest, ID tag, or specific harness.
====
Q17. Does the ADA require that service animals be certified as service animals?
A. No. Covered entities may not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, as a condition for entry.
There are individuals and organizations that sell service animal certification or registration documents online. These documents do not convey any rights under the ADA and the Department of Justice does not recognize them as proof that the dog is a service animal.
====
Q22. Can service animals be any breed of dog?
A. Yes. The ADA does not restrict the type of dog breeds that can be service animals.
====
Q28. What can my staff do when a service animal is being disruptive?
A. If a service animal is out of control and the handler does not take effective action to control it, staff may request that the animal be removed from the premises.
A person in a public accommodation (such as a store) would be under Title III of the ADA. The best resource for these regulations is the US Department of Justice QandA sheet regarding service animals under Titles II and III of the ADA. https://www.ada.gov/regs2010/service_animal_qa.html
====
Q5. Does the ADA require service animals to be professionally trained?
A. No. People with disabilities have the right to train the dog themselves and are not required to use a professional service dog training program.
====
Q7. What questions can a covered entity's employees ask to determine if a dog is a service animal?
A. In situations where it is not obvious that the dog is a service animal, staff may ask only two specific questions: (1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform? Staff are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person's disability.
====
Q8. Do service animals have to wear a vest or patch or special harness identifying them as service animals?
A. No. The ADA does not require service animals to wear a vest, ID tag, or specific harness.
====
Q17. Does the ADA require that service animals be certified as service animals?
A. No. Covered entities may not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, as a condition for entry.
There are individuals and organizations that sell service animal certification or registration documents online. These documents do not convey any rights under the ADA and the Department of Justice does not recognize them as proof that the dog is a service animal.
====
Q22. Can service animals be any breed of dog?
A. Yes. The ADA does not restrict the type of dog breeds that can be service animals.
====
Q28. What can my staff do when a service animal is being disruptive?
A. If a service animal is out of control and the handler does not take effective action to control it, staff may request that the animal be removed from the premises.
Posted on 4/18/19 at 11:03 pm to HenryParsons
quote:
Aren't there 2 types? Service Animal and Emotional Support Animal
My understanding (and im probably wrong - correct me if so) is that a Service animal is protected by the ADA and can go anywhere but an emotional support animal is not.
As I said in the post above the most important question is which law applies. Using the ADA definition of service animal, the difference between a service animal and an ESA is the service animal is trained to perform a task to mitigate the person's disability. An ESA mitigates a person's disability by being there and is not trained to perform a task.
Under Titles II and III of the ADA which applies to state and local government activities, public transportation and public accommodations ESAs are not covered and not required to be allowed.
In housing under the Fair Housing Act and/or the Rehabilitation Act ESAs are treated exactly the same as service animals.
In commercial air travel under the Air Carrier Access Act ESAs are considered service animals.
In employment under Title I of the ADA ESAs can be a reasonable accommodation.
Under each of the federal laws that covers ESAs the person can be required to provide specific documentation from a treating licensed medical professional, the online certifications and registrations do not count.
This post was edited on 4/18/19 at 11:05 pm
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