Service dogs are highly trained animals that assist individuals with various needs. They can be identified by their distinctive vests and ID cards.
Their training is rigorous, often taking up to two years to complete. This extensive training equips them to respond to specific commands and situations.
In the United States alone, there are over 400,000 service dogs working today. These animals are truly a vital part of many people's lives.
Their roles can be incredibly varied, from guiding visually impaired individuals to detecting seizures in those with epilepsy.
What is a Service Dog
Service dogs are trained to assist people with disabilities in living more independently. They're incredibly skilled and can perform a variety of tasks.
One of the key benefits of service dogs is that they offer public access rights through the Americans with Disabilities Act, allowing consumers to take their dogs with them wherever the public is allowed. This means you can take your service dog on buses, trains, and even into some restaurants and stores.
Service dogs are trained to perform tasks such as opening doors, cupboards, refrigerators, dryers, etc., retrieving phones, activating access buttons and switches, and more. Here are just a few examples of the tasks they're trained for:
- Open doors, cupboards, refrigerators, dryers, etc.
- Retrieve phones
- Activate access buttons and switches
- Tug off clothing
- Carry items
- Pick up dropped items
- Provide counterbalance while walking
Service dogs can be a game-changer for people with disabilities, allowing them to live more independently and confidently.
Legal Rights and Protections
Service dogs are protected under the Americans with Disabilities Act (ADA), which means they have certain rights and protections.
Businesses cannot deny service dogs entrance to their establishments, including food service places, state and local government facilities, and nonprofit organizations that serve the public.
The ADA requires service dogs to be under control at all times, which usually means they should be leashed or harnessed. However, if these get in the way of the dog's duties, the handler must still have control over the dog.
Staff can only ask two questions to the handler of a service dog: whether the dog is indeed a service animal and required to assist with a disability, and what specific task(s) has the dog been trained to do in service to the handler.
Handlers cannot be charged more money because of their dogs or denied rights and access granted to those without service animals. They can only be asked to leave the premises if the dog is out of control and it cannot be corrected by the handler, or if the dog is not house trained.
Here are the two questions staff can ask a service dog handler:
- Is the dog indeed a service animal and required to assist with a disability?
- What specific task(s) has the dog been trained to do in service to the handler?
Note that disabled persons cannot be asked questions about their disabilities.
Service Dog Tasks and Responsibilities
Service dogs are trained to perform a variety of tasks that assist their owners with disabilities. These tasks can range from retrieving objects for someone who uses a wheelchair to reminding them to take medication.
A service dog's training is tailored to meet the specific needs of its owner, which means each dog has a unique set of skills. For example, a person with PTSD may have a dog that is trained to lick their hand to alert them to an oncoming panic attack.
The handler is responsible for the care and supervision of their service animal. This includes ensuring the animal is housebroken and vaccinated in accordance with state and local laws.
To maintain control of their service animal, handlers can use a harness, leash, or other tether. However, if holding a tether would interfere with the dog's ability to perform its tasks, voice control can be used instead.
Here are some key responsibilities of service animal handlers:
- The handler must keep their service animal under control at all times.
- The animal must be housebroken.
- The ADA does not require covered entities to provide for the care or supervision of a service animal, including cleaning up after the animal.
- The animal should be vaccinated in accordance with state and local laws.
If a service dog behaves in an unacceptable way, such as barking repeatedly or running away from its handler, it may be asked to leave a business or facility. This is because uncontrolled behavior can disrupt the activities of others.
Public Access and Accommodations
Service animals are allowed in public facilities and accommodations, despite "no pets" policies. A service animal must be allowed to accompany its handler anywhere in a building or facility where members of the public are allowed.
Only two questions can be asked about a service animal: Is the animal required because of a disability? And what work or task has the animal been trained to perform? These questions should not be asked if the animal's tasks are obvious, such as guiding someone who is blind or pulling a wheelchair.
A public accommodation cannot ask for documentation or proof that the animal has been certified, trained, or licensed as a service animal. Local laws about specific breeds of dogs do not apply to service animals.
Public Facilities and Accommodations
In public facilities and accommodations, people with disabilities have certain rights that ensure equal access. The Americans with Disabilities Act (ADA) applies to many types of housing, including public and privately owned properties.
The Fair Housing Act requires landlords and homeowner's associations to provide reasonable accommodation for people with disabilities, which may include waiving pet rules or deposits for service animals or emotional support animals.
A person traveling with a service animal cannot be denied access to transportation, even if there is a "no pets" policy. This includes subways, buses, rail, light-rail, taxicabs, shuttles, and limousine services.
The Fair Housing Act prohibits landlords from asking about the existence, nature, or extent of a disability when an applicant requests reasonable accommodation for a service animal or emotional support animal.
However, in cases where documentation is required to review an accommodation request, landlords can ask for written certification that confirms the person has a disability and needs the animal to assist with it.
Employment Rules
In employment settings, the Equal Employment Opportunity Commission (EEOC) is responsible for administering the Americans with Disabilities Act (ADA). The EEOC enforces the employment provisions of the ADA, specifically Title I.
Employers are required to provide reasonable accommodation, which may include allowing an individual with a disability to have a service animal or emotional support animal accompany them to work. This can be considered an accommodation under the law.
If the disability is not obvious and/or the reason the animal is needed is not clear, an employer may request documentation to establish the existence of a disability and how the animal helps the individual perform their job. This documentation might include a detailed description of how the animal would help the employee in performing job tasks and how the animal is trained to behave in the workplace.
A person seeking such an accommodation may suggest that the employer permit the animal to accompany them to work on a trial basis. Both service and emotional support animals may be excluded from the workplace if they pose either an undue hardship or a direct threat in the workplace.
If you're unsure whether an animal is a service animal, you can ask two questions: Is the dog a service animal required because of a disability? What work or task has the dog been trained to perform?
Misconceptions and Impersonators
Service dog impostors are a real issue, and it's essential to understand why they're problematic. Putting a vest on your pet dog does not make them a service animal.
Business owners often have legitimate concerns about fake service dogs because they can behave poorly in public, causing damage to property or harassing other customers. This unruly behavior makes it harder for truly disabled persons to have the service dogs they need.
Some people think that if their dog is well-behaved, passing them off as a service animal won't cause any issues. However, this is just plain wrong and can make it more difficult for others who genuinely need service animals.
Here are some common misconceptions about service animals:
- A service animal must wear a vest.
- A service animal will never bark.
- Pit bulls and other “banned” breeds can never be service animals.
- Service animals do not have to follow local laws to license or maintain vaccination requirements.
- Service animals must complete training programs to be considered “real” service animals.
These misconceptions are false, and it's essential to understand the facts.
Common Misconceptions
A service animal must wear a vest, but this is not required by law.
Service animals are often better trained than pets, but they can still bark – some dogs are even trained to alert their owners with specific barks.
Pit bulls and other "banned" breeds can be service animals, as long as the decision to exclude them isn't based on breed stereotypes.
Service animals must follow local laws regarding licensing and vaccinations, just like any pet.
There's no one-size-fits-all training program for service animals – the ADA doesn't require a specific certification or course of study.
Businesses can ask two questions about a service animal: whether it's required because of a disability, and what task it's been trained to perform.
Problem with Impersonators
Putting a vest on your pet dog does not make them a service animal. Online registries will issue certificates for a fee, but that doesn't legitimize your dog as a true service animal.
Fake service dogs can behave poorly in public because they haven't undergone rigorous training programs. This unruly behavior can harm businesses and create mistrust among proprietors.
Phony service dogs may cause damage to property, harass other customers, or create chaos. Legitimate service dogs and their handlers get unfairly maligned by these impostors.
Passing off your dog as a service animal is wrong, even if they're well-behaved. It makes it harder for genuinely disabled people to have the service dogs they need.
General Information
A service dog is defined by the Americans with Disabilities Act (ADA) as a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability.
Service animals are limited to dogs and miniature horses in some situations.
The ADA provides helpful information about service animals through technical assistance documents, such as Frequently Asked Questions about Service Animals and the ADA and ADA Requirements: Service Animals.
You can check your state's law for different definitions of service animal, but it's best to follow the law that offers the most protection for service animals.
Service dogs are trained to help people with disabilities gain independence and participate in activities. They can be trained to retrieve or hold items, turn light switches on and off, aid with dressing, and much more.
Here are some examples of tasks a service dog can perform:
- Retrieve or hold items
- Turn light switches on and off
- Aid with dressing
- Open doors
- Pull a wheelchair
- Act as a balance or brace for transfers
Service dogs can also provide emotional support, companionship, unconditional love, and reduce loneliness.
Frequently Asked Questions
What disabilities qualify for a service dog in Texas?
In Texas, service dogs are available for individuals with mental health disorders, physical disabilities, mobility impairments, intellectual or developmental disabilities, and hearing loss. If you're interested in learning more about service dog qualifications and how to get a service dog, please see our detailed guide.
Can any dog be called a service dog?
No, not just any dog can be called a service dog. A service animal is specifically trained to assist individuals with disabilities
What are the three questions you can ask about a service animal?
To determine if a dog is a legitimate service animal, you can ask: "Is the dog a service animal required because of a disability?" and "What work or task has the dog been trained to perform?", with the third question being "How is the dog's behavior affecting its ability to perform its task?
Can someone ask me for papers on my service dog?
No, you cannot ask for papers or documentation on my service dog. Asking about a service animal's registration or certification is not allowed under law.
What is the difference between a support dog and a service dog?
A service dog is trained to perform specific tasks for a person with a disability, whereas an emotional support animal provides comfort and companionship without formal training. While both types of animals offer vital assistance, they have distinct roles and rights in public spaces.
Sources
- Equal Employment Opportunity Commission (eeoc.gov)
- Aviation Consumer Protection’s article about service animals (transportation.gov)
- summary of the changes (transportation.gov)
- http://www.hud.gov/fairhousing (hud.gov)
- http://www.fta.dot.gov/12874_3889.html (dot.gov)
- http://www.fta.dot.gov/civil_rights.html (dot.gov)
- http://www.southwestada.org (southwestada.org)
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