Real service dog:
Fake service dogs:
There has been a lot of discussion about fake service animals. That issue is a real problem. Businesses are not as powerless to distinguish real from fake service animals, however.
A short primer on the law: the Americans with Disabilities Act (ADA) is the pertinent statute (along with state law). The ADA permits dogs and miniature horses as services animals, but since dogs are so much more common, this post will address the canine community. Businesses can, under the ADA, ask only two questions of a service dog's handler (the person with a disability): 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? http://www.ada.gov/service_animals_2010.htm
The biggest complaint of the business community is that they believe their hands are tied because they cannot ask for certification (there is no requirement for certification), they can't identify a service dog by a vest, or tags, or identifying garb (also not required by law). What, then, can a business do?
First: ask the questions above. A handler of a true service dog will be prepared to answer, and will likely gladly answer because you are showing that you know the law. If you ask either of the questions above and receive no answer, a blank stare, or garbled nonsense, then be on alert for the following described below.
Second: watch behavior. Service dogs are highly trained. Their training costs about $15,000+. If you are suspicious, watch the dog's behavior. It will be working, paying attention almost exclusively to its handler. It will be at the handler's side, waiting for the handler's commands. It will sit next to the handler, lie down on the floor if the handler is seated. What won't the dog be doing, and should alert you that it's not a service dog? It will look around at everyone, seek attention from others, sniff others, engage with or play with other dogs when it should be working, it will bark or whine, walk away from the handler, accept food and attention from others, circle around the handler, act hyper or playful when working. Chances are, this is not a service dog.
Third: even if the dog is a true service animal, if it relieves itself in the establishment, or acts disruptive (incessant barking), it can be asked to be removed.
Two incidents illustrate my points. While at the O'Hana restaurant at Disneyworld, I saw a man bring in a yellow lab decked out in a vest and leash covered with patches and garb. It was "overly" decked out which sent up red flags for me. Sure enough when the staff took the man and his family to their table, the dog was sniffing all over and proceeded to jump up with its front paws at a table of other diners. Unless the man could show that this was a service dog in training, the restaurant would have been justified in having the dog leave due to its disruptive behavior.
Another incident occurred when a man took his dog, that actually was a service dog but evidently not trained well, to a beach area that prohibited pets. The dog was running around to everyone, running up and down the beach, relieving itself in the sand, and rarely with its owner. The man was asked to remove his service dog, he later sued, and a court found for the municipality because the dog was not acting as a trained service dog. Behavior matters!
A couple of things to keep in mind. Some service animals will act out of the norms above if necessary due to the disability of its handler. For example, children with autism can "bolt" away from their families, and a service dog for a child with autism if often trained to, for lack of better wording, "go crazy" in getting someone's attention to let that person know that the child has separated from the dog. Similarly with epilepsy and diabetes, service animals are trained to alert others, which a business might interpret erroneously as being hyper. In asking the two questions above, the business should then know that this behavior is what the dog is trained to do.
Common sense prevails. Is the dog focusing on its handler, staying with him or her, acting like it's working? Or is the handler tugging on the leash as the dog drags the handler, is it jumping up on people, is the dog oblivious to its owner and sniffing all around? Or worse, jumping up on other diners' tables?
Questions? Email me at [email protected].
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