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The LAW - Entry Laws & Accommodation Laws
This is not the specific provisions regarding SUPPORT ANIMALS. Also, this document (from 1996) does not concern provisions concerning living accommodations, including rent-subsidized housing. Those will soon be posted on this same thread.
http://www.qhfoundation.org/assets/headers/h-law.gif The Civil Rights Division of the U.S. Department of Justice and the National Association of Attorneys General have formed a Disability Rights Task Force to promote and protect the rights of individuals with disabilities. There are still businesses across the country that prohibit individuals with disabilities who use service or support animals from entering their premises, in many instances because of ignorance or confusion about the animal's appropriate use. This document provides specific information about the legal requirements regarding individuals with disabilities who use service animals. It was prepared by the Task Force to assist businesses in complying voluntarily with the Americans with Disabilities Act and applicable state laws. State attorneys general should have, by now, distributed a similar document (including state specific requirements) to associations representing restaurants, hotels and motels, and retailers for dissemination to their members. You are encouraged to share this document with businesses and people with disabilities and their families in your community. Issued July 26, 1996 Deval L. Patrick, former Assistant Attorney General for Civil Rights Scott Harshbarger, former Attorney General, State of Massachusetts COMMONLY ASKED QUESTIONS ABOUT SERVICE ANIMALS IN PLACES OF BUSINESS Q: What are the laws that apply to my business? A: Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed. Q: What is a service animal? A: The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government. Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. "Seeing eye dogs" are one type of service animal, used by some individuals who are blind. This is the type of service animal with which most people are familiar. But there are service animals that assist persons with other kinds of disabilities in their day-to-day activities. Some examples include: _____Alerting persons with hearing impairments to sounds. _____ Pulling wheelchairs or carrying and picking up things for persons with mobility impairments. _____Assisting persons with mobility impairments with balance. _____Providing emotional support to aid a person to leave their home and interact with others. Q: How can I tell if an animal is really a service animal and not just a pet? A: Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability. However, an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability. Therefore, such documentation generally may not be required as a condition for providing service to an individual accompanied by a service animal. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability. Q: What must I do when an individual with a service animal comes to my business? A: The service animal must be permitted to accompany the individual with a disability to all areas of the facility where customers are normally allowed to go. An individual with a service animal may not be segregated from other customers. Q: I have always had a clearly posted "no pets" policy at my establishment. Do I still have to allow service animals in? A: Yes. A service animal is not a pet. The ADA requires you to modify your "no pets" policy to allow the use of a service animal by a person with a disability. This does not mean you must abandon your "no pets" policy altogether but simply that you must make an exception to your general rule for service animals. Q: My county health department has told me that only a seeing eye or guide dog has to be admitted. If I follow those regulations, am I violating the ADA? A: Yes, if you refuse to admit any other type of service animal on the basis of local health department regulations or other state or local laws. The ADA provides greater protection for individuals with disabilities and so it takes priority over the local or state laws or regulations. Q: Can I charge a maintenance or cleaning fee for customers who bring service animals into my business? A: No. Neither a deposit nor a surcharge may be imposed on an individual with a disability as a condition to allowing a service animal to accompany the individual with a disability, even if deposits are routinely required for pets. However, a public accommodation may charge its customers with disabilities if a service animal causes damage so long as it is the regular practice of the entity to charge non-disabled customers for the same types of damages. For example, a hotel can charge a guest with a disability for the cost of repairing or cleaning furniture damaged by a service animal if it is the hotel's policy to charge when non-disabled guests cause such damage. Q: I operate a private taxicab and I don't want animals in my taxi; they smell, shed hair and sometimes have "accidents." Am I violating the ADA if I refuse to pick up someone with a service animal? A: Yes. Taxicab companies may not refuse to provide services to individuals with disabilities. Private taxicab companies are also prohibited from charging higher fares or fees for transporting individuals with disabilities and their service animals than they charge to other persons for the same or equivalent service. Q: Am I responsible for the animal while the person with a disability is in my business? A: No. The care or supervision of a service animal is solely the responsibility of his or her owner. You are not required to provide care or food or a special location for the animal. Q: What if a service animal barks or growls at other people, or otherwise acts out of control? A: You may exclude any animal, including a service animal, from your facility when that animal's behavior poses a direct threat to the health or safety of others. For example, any service animal that displays vicious behavior towards other guests or customers may be excluded. You may not make assumptions, however, about how a particular animal is likely to behave based on your past experience with other animals. Each situation must be considered individually. Although a public accommodation may exclude any service animal that is out of control, it should give the individual with a disability who uses the service animal the option of continuing to enjoy its goods and services without having the service animal on the premises. Q: Can I exclude an animal that doesn't really seem dangerous but is disruptive to my business? A: There may be a few circumstances when a public accommodation is not required to accommodate a service animal -- that is, when doing so would result in a fundamental alteration to the nature of the business. Generally, this is not likely to occur in restaurants, hotels, retail stores, theaters, concert halls, and sports facilities. But when it does, for example, when a dog barks during a movie, the animal can be excluded. If you have further questions about service animals or other requirements of the ADA, you may call the U.S. Department of Justice's toll-free ADA Information Line at 800-514-0301 (voice) or 800-514-0383 (TDD). DUPLICATION OF THIS DOCUMENT IS ENCOURAGED. A copy can be presented to businesses unfamiliar with the provisions and protections of Federal Law. 7/96 |
SPECIAL! Service Dog ID Tags
You will find identifying vests, collars and leashes identifying your support or service dog as being a legally protected working dog. But the vests may overheat your dog, and the collars and leashes are scarcely strongly identifying.
Additionally, many state regulations now require that you have a service dog id that has your pet's photo and information on it. Especially when you travel by public conveyance or try to access government buildings, but also in all situations, an ID like this can smooth things along. By becoming one of your dog's regular collar tags or by being attached to the business end of his leash, this tag will take care of these problems. Below is the front and back of the two tags you can order from this company upon your submission of a good identifying photo of your dog along with his name (where the word "Buddy" is displayed below). http://www.doggydmv.com/images/Service-Dog-Front.gifhttp://www.doggydmv.com/images/Service-Dog-back.gif Depicts Approximate Actual SizeOn the back side of the solid plastic tag is the federal access law. The inked in print on either side is inside the plastic. This is not an inexpensive laminated tag. The second tag can come with a punched hole if you request it. It is normally shipped without a hole and is intended to be carried in your wallet. But some people would prefer to place it on their key chain. They can be ordered here - http://www.doggydmv.com/index.htm In addition, I recently saw a vending machine at WalMart where you could immediately create and walk out with a personalized ID Tag for your pet. The cost is most reasonable, the variety of shapes, colors and sizes very helpful. I would advise you use a city & zip code, but perhaps not a street address. Think about it. But I would recommend you include a cellphone number so you can get calls away from home. Be sure to change tags as often as you change locations or phone numbers. Teri |
Thank you!
That is very good information, I was told service dogs are good when you have Parkinson's Disease...
AMAZING! Thank You! |
Service Dogs Used for Stable Mobility
Quote:
The first service dogs I was ever aware of were the Seeing Eye Dogs. Now they are trained to be Hearing Dogs and Seizure Alert Dogs, too. But the latest I have been aware of are the large strong dogs being used to aid a person who may be occasionally wobbly ... or unsteady at times. Not so much that they need to tote an awkward heavy walker around for every last step, but perhaps that security as you step off a curb onto the street. I think it is an excellent idea. I think that, depending on the height of a dog, a harness with either a close grip or the type of harness used by the blind - either can give that bit of steadiness. The dog would have to be strong enough to take some weight. Teri |
Psychiatric SERVICE Dogs
Seems the last time I posted here was way more than a year ago. Time flies. I am sorry for the gentleman who had difficulty with one leg of his trip on Southwest Airlines. I am also concerned that this information (above) about the LEGAL DEFINITION OF A PSYCHIATRIC SERVICE DOG - per THE FEDERAL GOVERNMENT concerning protected access.
Tho it is not necessary for your doctor's letter to describe your emotional problems or name your specific mental illnesses, my doctor specified just WHAT my Psychiatric Service Dog does for me. The law states --- Q: What is a service animal? A: The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.
I have a current health certificate for my dog, her rabies certificate, the letter from the doctor and a xerox of the above law. At each airport, I would immediately go to the check-in booth and tell them that I was there to show them my documentation to clear my dog for boarding. She is small (less than 15 pounds) and I carry her about the airport in her carrier. Some of the people were startled as they had not dealt with psych service dogs, just seeing eye dogs and such, but the doctor's letter carried the heaviest weight -- plus a print out of the above government document, i.e., Statement from the Civil Rights Division of the U.S. Department of Justice and the National Association of Attorneys General's Disability Rights Task Force statement to promote and protect the rights of individuals with disabilities. (see above again) As I traveled cross country, then back two months later (ALL via Southwest), I learned from more experienced employees to get in the line for boarding with unattended children and to request a bulkhead seat so her carrier could be placed in front of my feet rather than crammed under the seat in front of me. The minute we left the ground, she would fall asleep. At each stop, I would lift her carrier to my lap and open up the zipper so she could stand up in the small carrier and stretch her legs a bit since there was not time to take her for a walk. I carried all her documents in a zipperd 3-hole binder case with each document in one of those transparent protective covers. This made it easy to present her documents and made it look very professional. The doctor's letter was on top, the document above was second - and the letter was all it took for all but one SW employee to give me the nod and go ahead. Only twice did an employee call for a supervisor to double-check. General policies - Never get upset or angry. Smile and be polite. Don't freak at any delays, but be patient. If you are denied, just explain that the law allows her aboard, and that all the other SW flight connections have been aware of the status of service animal access rights or were able to get in touch with a supervisor who could explain that the dog is legally protected. Now, I can see that a LARGE dog (too large to be pulled along in a carrier) would cause some employees to freak out some... So have a VEST and a large TAG. So if you are a psych patient and wish to acquire a dog, put aside your love of big dogs and determine what breed is best for you. A Peke has a miniature voice, a quiet sedate nature, and are bonded to the owner rather than wanting to visit with everyone around. I do not suggest terrier breeds or Pomeranians or Chihuahuas, unless you are secure that the particular dog is particularly quiet. This again is why I STRONGLY advise that no one start with a cute little puppy. Look for an adult dog, purebred or not. With an adult (we are talking OVER TWO YEARS OLD), what you see is what you get. Any puppy is a crap shoot. Do be aware that Breed specific rescue organizations often have the VERY WORST dogs who, from temperment or maltreatment have severe emotional and/or behavioral problems. Look for someone having to find a home for a house-broken dog with good behavior, being sold or adopted out because of the owner no longer being able to keep it. Arrange for a 2-week trial period and use a written agreement that covers all about the money paid and about the refund and why the dog may have to be returned. REMEMBER - When a dog can cause a psychiatric disability to be alleviated so a person can handle going out in public, THEN THE DOG DOES QUALIFY AS A SERVICE ANIMAL, despite not being trained to do some special "job". It is the alleviation of the disability allowing the person to function that qualifies the animal as a SERVICE dog. Disability is needed and the dog must directly alleviate symptoms of the disability to let the disabled person have normal access to life outside their home. Tuesday morning, I walked the half block to the store, leaving my dog behind, thinking I could handle it --- I thought I was doing okay, but by the time I got home, I was in a panic attack, that grew steadily and I was tanked up on Valium all day long. Learn the law, learn your rights, take the steps to organize your documentation in a formal professional manner to present when requested, and keep your calm, don't get angry at delays and if you are told you can't board at an airport WHEN YOU HAVE THE DOCUMENTATION OF DISABILITY and how the dog is effective treatment for the disability, then you hae the law on your side, so smile and be patient, and ask them to please get in touch with the senior employee on duty. It may take a while, but if you stay calm and cool, it will work out if the doctor has provided that vital letter. Airline employees are just concerned about getting in trouble and losing their job - try to see it from their point of view. And give yourself a lot of time between flights and let their be at least 20-30 minutes allotted to do this check thru so the staff doesn't feel pressured to make rapid decisions that might get them in serious trouble. My dog and I love Southwest Airlines and I am sorry you ran into problems at that particular check in counter with the particular person(s) on duty. Teri |
My service dog and I love SouthWest Airlines also. Just this last flight though, they didn't allot a seat for him (to use the floor to lie down on) and I had to share my foot space with him. I always sit at bulkhead, so this would normally not be an issue, but the lady next to me (I was at the window) was heavy and took up quite a bit of room to begin with. My dog is a labradoodle. He spent some of the time standing on his hind legs with the rest in my lap LOL Good thing it was a very short trip!
I travel with a power chair, so the extra time has to be built in for them to stow the chair in the cargo area. I offer to transfer into a regular chair for them to push so the flight isn't delayed just for my chair, and then there's also no chance of it being left behind! I board and watch it be loaded. ;) I don't like the dog vests, personally. I don't mind hanging an ID tag on his leash, but prefer to carry it with my other ID. It's important in a way, to me, to help prevent being mugged. If disability is in any way suggested, there will still be those who will circumvent the dog. I always carry health certificates though. They aren't required when flying in state, but if we are ever diverted, it will be handy. Thanks for the update, it came just before I returned to read too! :hug: JD |
rule number one.
the federal law for service animals supercedes any local and state laws. this is why it is a civil rights violation if folks do not abide by its rules. i did a bit a research before i got jake. hes a queensland heeler, and will help me on days i get a bit wobbly. hes not meant o carry my wiehgt just to take the edge off for a bit of counterbalance. or days when i have extreme muscle fatigues. jakes is registered in a national databse he is licensed for the remainder of his life with no extras fees. ive read where some folks want money to trian them, money to register them and so on and it can build up. some places even say its a yerly fee to keep thwm registered. dont be fooled. do your homework. you can im me for the information of the service i used if you like. jake is very well behaved. and never causes a problem i got him at six weeks and just taught him to be a good animal and be there for me. he doesnt need to do a special task but be himself and provide me with support. i keep the id tag with his name and credentials on him and myself in my wallet. he has a collar and dog tags and a vest but doesnt need to wer them all the time. if you take your animal with you all they can ask you is. " excuse me is your animal a service animal. and once you reply yes they should accept it but some will ask for hthier cards as well such is the case in a fedearl building or airline. good luck. roger. |
ADA rules have changed somewhat
Those who "need to know" are now allowed to ask
IF the animal is a service animal and they may ask what task(s) the service animal does specifically for you. Before this, they could only ask if it was a service animal and take someone's total word for it. I guess they figure (rightly so imo) that someone with just a pet can't come up with 3 tasks they have done for them by their pet, on the spur of the moment. (There will always be those who sneak past the law.) |
Traveling with SD
My husband and I traveled from Phoenix AZ to Seattle WA and back again a month later....toting two hearing assist dogs, both small and were carried, the airport people on both ends were wonderful, and the airlnes fantastic, we flew Alaska Airlines. Going to Seattle neither dog made a sound, Bearbear pawed my arm a couple times to let me know of a buzzer or alarm going off, aside from that they slept the whole trip. Going back to Phoenix, midway through the flight, I'm guess that Bearbear had fallen asleep and someone kicked the seat back startling him, he let out one short, sharp bark, and he crawled out of his tote into my arms and went back to sleep, the tote was too warm for him. The flight attendants came by my seat to say hello to him
and they wanted to offer the dogs a warm cookie, but they don't get people food. Bearbear has always slept with me, alerting to sounds I might miss, and he put his head on my shoulder and stayed that way the remainer of the trip....we usually wait till last to get off, and as people passed our seat they saw that there indeed WAS a dog on board that had barked just one time. To alert me, Bearbear either noses me, or presses up against me and grumbles, letting me feel the vibration....sometimes he'll lay a paw on my arm. Our Dr's office even welcomes the dogs....we live in washington now, we drove back so we could have our truck with us. |
I know this thread is old, but there is some gross misinformation in here.
First, a dog who is NOT task trained to do something to mitigate the disability is NOT a service animal and does NOT have public access rights, period! If a person has a psychological disability, then an untrained dog may be a ESA and can be on planes and in no pet housing, but that is IT! If you take a dog that is not task trained into public, no pet places, you are breaking federal law! As to requiring identification.... Federal Law trumps! The ADA states that no vest, ID, etc... is required, therefore states can not require it and can not deny you access if you don't have it. BUT....should you have an access challenge and decide to take it to court, you may have to prove both that you are disabled and that your dog is properly trained. |
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