Quote:
Originally Posted by Wolfster
After posting yesterday, I looked up what I could find on this topic. It would appear that there IS legal precedent for dogs referred to as "emotional support" animals being recognized as service dogs, as referenced in a 2006 article in the New York Times. Since I have fewer than 10 posts, it won't let me post the link, but it's easily googled or searched through the NYTimes website. Keywords "emotional support animal NY Times" will put it at the top of the list.
I also slogged through ADA law (as opposed to the summarized guidelines) and could not find anything against the designation of emotional support animals as service animals. I also don't find anything saying calling an emotional support animal a service dog is against the law, or that Social Security benefits would be affected in any case. Of course, I do not want to get into a whole thing about who is worthy and who is faking, please. But where are people here getting the legal precedent that it is NOT an appropriate designation?
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You are right it is quite a gray area as it is not spelled out in simple terms. But then what law is!
From my understanding of the interpetation of the ADA is this:
What is a Service Animal? A service animal under the ADA is any animal that are
Individually Trained to
Perform Tasks to benefit an individual with a disability. (TitleIII 4.2300)
The term Trained and The Term Perform Tasks is what makes an animal a service animal.
The ADA does not cover the Service animal in training they must be trained to perform tasks in order for them to be covered under the ADA. Though Service animals do not have legal right People with disabilities do.
Under the ACAA and FHA Emotional Support Animals do not have to perform tasks to be called ESA. However under those two laws they are considered a Service Animal.
If you are teaching your dog or ESD various tasks that would benefit you by say teaching him/her to lay head on lap or to lick or even tug on pants leg then that is consider not an Emotional Support Animal but a Service Animal (ie Medical Respond/alert catagory). But if an ESD is just there for comfort as all Service dogs are as well then that under the interpetation of the ADA is Not consider as being a Service Animal for they are not specifically Trained!
That is the difference of ESA vs SD/SA! At least that's how my understanding of the law is. Also that's basically how the Dept. of Justice has worded their business brief in examples. Various Service animals performing tasks that were taught. (not quoted there).
However being you said your in the training stage with your dog then your dog would be in terms "service animal in training" henceforth by the ADA is not cover. So you would have to check with your local and state laws to see if they have additional benefits for dogs in training. Many states do! Again this is my understanding of the laws as I am not a lawyer. Another thing too I can say from my friends that were in court each judge has their own interpertation of the law as well making it even more confusing.
