Gavin Howe
Service dogs are trained to perform specific tasks to assist people with disabilities. These tasks include providing stability for those with walking difficulties, retrieving objects, and alerting people with hearing loss to approaching individuals. Under the Americans with Disabilities Act (ADA), service dogs are allowed to accompany their owners in most public spaces, including restaurants and hospitals. However, the public has raised concerns about the potential danger posed by service dogs that are also trained for protection or as emotional support animals. In one case, a service dog that attacked and injured a person was ordered to be euthanized, sparking a debate about the legal status of protection-trained service dogs. This paragraph introduces the topic of whether service dogs can be protection-trained and explores the associated legal implications and public concerns.
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| Characteristics | Values |
|---|---|
| Definition of a service animal | Any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability |
| Service animal vs emotional support animal | Emotional support animals provide comfort and are not trained to perform a specific job or task, therefore they do not qualify as service animals under the ADA |
| Service animal vs therapy animal | Therapy dogs are not defined as service dogs under the ADA, do not receive access to public facilities, are not eligible for special housing accommodations, and do not receive special cabin access on commercial flights |
| Service animal vs courthouse animal | Courthouse dogs are not service dogs and the rules and requirements for their use vary from state to state |
| Requirements for a service animal | The dog must be trained to take a specific action when needed to assist a person with a disability |
| Service animal documentation | The ADA does not require service animals to wear a vest, ID tag, or specific harness |
| Service animal in training | Service animals must be trained before they can be taken into public places, however, some state or local laws cover animals that are still in training |
| Service animal access | Service animals are allowed to accompany their person, even in places that don't allow pets, such as restaurants, hospitals, and concert halls |
| Service animal restrictions | A business or state/local government does not need to allow a service animal if the dog's presence would fundamentally alter the nature of the goods, services, programs, or activities provided to the public |
| Service animal misrepresentation | Misrepresenting a service animal is considered an offense under the laws of many state and local governments |
| Protection dog as a service dog | There are differing opinions on whether a protection dog can be certified as a service dog. Some argue that the public is entitled to know that a service dog won't bite or protect, while others believe that service dogs and protection dogs can be two different things |
What You'll Learn
Service dogs vs emotional support animals
Service dogs are individually trained to perform tasks to assist people with disabilities. Under the Americans with Disabilities Act (ADA), service dogs are allowed to accompany people with disabilities in public places where pet dogs are not usually allowed. Service dogs can be taken to restaurants, certain types of housing, and air travel.
Emotional support animals, on the other hand, are not considered service animals under the ADA because they have not been trained to perform specific tasks to assist people with disabilities. Instead, emotional support animals provide comfort and companionship, helping with issues like depression, anxiety, and loneliness. While emotional support animals do not have the same public access rights as service dogs under the ADA, some state or local governments have laws that allow people to take emotional support animals into public places.
The distinction between service dogs and emotional support animals is important because it determines the rights of the animal's handler to access public places with their dog. Service dogs are allowed in public places due to the specific tasks they have been trained to perform for people with disabilities, whereas emotional support animals are not granted the same public access rights because they have not been trained in specific tasks.
It is worth noting that service dogs are not required to wear vests or identification, and businesses or government agencies are not allowed to request documentation or proof that a dog is a service animal. However, staff may ask two specific questions: "Is the dog a service animal required because of a disability?" and "What work or task has the dog been trained to perform?".
In summary, service dogs and emotional support animals serve different purposes. Service dogs are individually trained to perform specific tasks for people with disabilities, granting them the right to accompany their handlers in public places. Emotional support animals, while providing comfort and support, are not trained in specific tasks and therefore do not have the same public access rights as service dogs under the ADA.
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Service dog access to public spaces
Service dogs are generally allowed to accompany their handlers into public spaces, even in places that do not typically allow pets. This is to ensure that people with disabilities can fully participate in everyday life. In the United States, service animals are protected under the Americans with Disabilities Act (ADA).
However, there are some exceptions to this rule. Service dogs may be denied access to businesses, government buildings, and certain areas of hospitals if their presence would fundamentally alter the nature of the goods, services, or programs offered, or compromise a sterile environment. For example, a zoo may restrict service animals from areas where the animals on display are the natural prey or natural predators of dogs, or where their presence would be a distraction.
In most settings, a service animal will not fundamentally alter the situation, but there may be instances where a service dog could change the nature of the service or program. For example, a restaurant with indoor and outdoor seating cannot require a woman with a service dog to dine outside because of her dog. However, they may be asked to leave if the dog is not well-behaved, barks, causes damage, or poses a direct threat to the safety and health of others.
When it comes to air travel, the Air Carrier Access Act (ACAA) and its implementing regulations govern the transport of service animals. Airlines are required to recognize dogs as service animals and accept them for transport on flights within the United States. However, airlines may deny transport to a service dog if the required DOT service animal forms are not provided.
It is important to note that emotional support, therapy, comfort, or companion animals are not considered service animals under the ADA, as they have not been trained to perform specific tasks related to a person's disability. Only dogs that have been trained to take specific actions to assist a person with a disability are considered service animals and allowed in public spaces.
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Service dog training standards
While the ADA does not require professional training, service dogs must be trained to take specific actions when needed to assist their handlers. This training must be directly related to the handler's disability. For example, a person with diabetes may have a dog trained to alert them when their blood sugar is high or low. A person with PTSD may have a dog trained to lick their hand to alert them to an oncoming panic attack.
There are no federally mandated training standards or minimum requirements for service dogs in the US. However, some private standards suggest approximately 120 hours of training over six months, with at least 30 hours spent in public to prepare the dog for distractions. The Public Access Certification Test (PACT) is a tool used to evaluate a dog's readiness to graduate from training, but it does not result in an official certification.
The ADA allows handlers to train their dogs themselves, and there are no mandatory regulations for dog trainers. However, it is illegal to misrepresent an animal as a service dog, and service dogs must be under their handler's control at all times. When it is not obvious that a dog is a service animal, staff may ask two specific questions: "Is the dog a service animal required because of a disability?" and "What work or task has the dog been trained to perform?"
In the context of air travel, the Air Carrier Access Act (ACAA) protects the rights of individuals with disabilities and defines a service animal as a dog of any breed or type that has been trained to perform tasks for a qualified individual with a disability. Airlines can ask similar questions to determine if an animal is a service animal and may deny transport if the required forms are not provided.
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Service dog misrepresentation
Service animals are trained to help people with disabilities with their everyday lives. They are allowed to be with their owners, even in places that do not allow pets. Service animals are not required to wear vests, IDs, or specific harnesses, and there is no requirement for them to be professionally trained. However, the animal must be trained to perform a specific task to assist the person with a disability. For example, a person with diabetes may have a dog that is trained to alert them when their blood sugar is high or low.
Despite the importance of service animals, some people try to take advantage of the protections afforded to them by falsely claiming that their pets are service animals. This is a growing issue, and a number of states have passed laws making it illegal to misrepresent a pet as a service animal. These laws can carry penalties ranging from fines to prison time. For example, in California, pretending to be the owner of a service animal is a criminal misdemeanor punishable by a fine of up to $1,000 and/or up to six months in jail. In Texas, outfitting your dog as a service animal when it is not is a misdemeanor, punishable by a fine of up to $300 and 30 hours of community service. Other states with similar laws include New Jersey, Arizona, Colorado, Florida, Idaho, Kansas, Maine, Michigan, Missouri, and Nevada.
To determine if a dog is a legitimate service animal, staff in businesses or state/local government facilities are allowed to ask two specific questions: (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? It is important to note that staff are not allowed to request documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person's disability.
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Service dog owner rights
Service dog owners have rights under both federal and state laws. The Americans with Disabilities Act (ADA) is the primary federal law protecting service dog owners in all 50 states. Under the ADA, service dog owners have the right to enter places where pets are not normally allowed, such as stores, restaurants, schools, arenas, and movie theaters. Service dogs are also allowed to board flights for free under the Air Carrier Access Act (ACAA) and the U.S. Department of Transportation guidelines.
The ADA requires state and local government agencies, businesses, and non-profit organizations that serve the public to make "reasonable modifications" to their policies to accommodate service dogs. This means that service dogs must be allowed to accompany their handlers in all areas where the public is generally permitted, unless the dog's presence would fundamentally alter the nature of the goods or services provided. For example, a service dog may be restricted from an operating room or burn unit in a hospital to maintain a sterile environment, but it cannot be restricted from other areas of the hospital that are open to the public.
Service dog owners are not required to provide any special documentation to prove that they are a service dog owner, except when boarding a flight. In that case, they must complete and submit the DOT's Service Animal Air Transportation Form to the airline before the flight. However, if a service dog is not wearing a vest or other identifying accessory, staff may ask two questions to verify that the dog is a service animal: (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? Staff are not allowed to request documentation of the dog's training or certification, require the dog to demonstrate its task, or inquire about the nature of the person's disability.
Service dog owners should be aware that their dog's behavior in public spaces is important. A service dog that is not under the handler's control or is acting aggressively can be asked to leave the premises. Additionally, service dog owners may be asked to leave if their dog creates an unhealthy or unsafe environment for others.
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Frequently asked questions
A service dog is a dog that has been trained to perform a specific task to assist a person with a disability.
A disability can be physical, sensory, psychiatric, intellectual, or another type of mental disability.
There is no clear answer to this question. Some sources suggest that service dogs and protection dogs are two different things. However, others argue that a service dog can be protection-trained as long as it is trained to take specific actions when needed to assist a person with a disability.
Service dogs can provide stability for people who have difficulty walking, pick up items for people who use wheelchairs, prevent children with autism from wandering away, alert people with hearing loss of approaching individuals, and more. Service dogs are also allowed in most places that do not usually permit pets, such as restaurants and hospitals.
Emotional support animals provide comfort just by being with a person, whereas service dogs are trained to perform specific tasks to assist people with disabilities. Emotional support animals are not considered service animals under the Americans with Disabilities Act (ADA).
