There have been so many misconceptions mentioned--and stated with certain conviction--lately that I intentionally left the title of this post as just "service animals." What this post addresses is service animals as defined under the ADA. This post does not pertain to therapy animals, or service animals as defined under other law such as the Fair Housing Act. The ADA Amendments in 2008, and Standards in 2010, have redefined some regulations, most notably that the only species permitted as service animals are dogs, and miniature horses.
Here is a list of commonly stated misconceptions regarding service animals:
- "Service animals must wear ID, such as a vest or tag, that identifies them as service animals." Service animals do not have to wear anything that identifies them as a service animal. A town in Florida has a sign posted on a pier stating "Service animals must wear ID." This is untrue and in violation of the ADA.
- "Service dogs can be prohibited if people have allergies to dogs, or are afraid of dogs." A service dog (or animal) cannot be prohibited from entering a covered entity (business, restaurant, emergency shelter, etc.) due to another person's allergies or phobias. The person with a disability and the service animal can be kept together in an area separate from another person who has allergies or a phobia of dogs, but not in a manner that discriminates against the disabled person.
- "Service animals must be trained by a specific organization (e.g., Canine Companions for Independence), or be certified, or registered." None of the factors listed are required. Proof cannot be required of training, certification or registration as a service animal either. Some circumstances can give rise to requesting proof of the animal's training for specific tasks related to the disability, but these cirumstances are rare and arise when a service animal gives clear doubt that is has been trained to perform specific tasks.
- "State laws such as breed specific legislation prohibit me from having a service animal that is a pit bull." The ADA is federal law, which supercedes state law. A service animal that is a pit bull is not bound by a state or local law that prohibits pit bulls. Similarly, state or local health codes prohibiting animals in food areas or certain situations will generally be superceded by the ADA.
- "A pet charge, deposit or surcharge can be imposed on someone with a service animal in my business." A person with a service animal cannot be charged a pet, animal or extra fee because of the animal. If the service animal causes damage, then the owner of the service animal can be charged for the damage.
- "A business has to clean up after a service animal." A business or other covered entity is not responsible for cleaning up after, or "dog sitting" for, a service animal.
- "I can never ask that a service animal be removed under these new guidelines." Businesses have a legitimate complaint that they will have very little discretion about prohibiting service animals, and they suspect that people bring in their pets and say they're service dogs. However, if a dog is not acting as a service dog and is disruptive, the dog can be prohibited. In one instance, a man in a wheelchair and clearly disabled was at a public beach with a dog that he claimed was a service dog, in a "No Pets" area. The dog was acting unruly, running around to everyone and never near its owner. Police asked that the dog be removed, the owner yelled that it was a service dog, and a court later ruled that the dog was clearly not working, if it was even trained, and there was no ADA violation by the police department.
The above list represents only a few of the misconceptions that abound. For more information, read about service animals and the ADA here.
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