Know About Service Dogs and Emotional Support Animals

Increasingly, dog owners are claiming that their pet is an assistance animal, even if it is not. Unlike in the U.K., assistance dogs in the U.S. do not have to be certified, but they do have to meet certain criteria under the Americans with Disabilities Act (ADA), and in a growing number of states it is illegal to pass your pet off as an assistance animal.

According to the ADA, assistance dogs are defined as “dogs individually trained to perform work or tasks for people with disabilities.” This means that the person must have a physical or mental impairment that substantially limits one or more major life activities, and the dog must be specially trained to help the person overcome this impairment. The most obvious example is that of a guide dog guiding a blind person. However, post-traumatic stress disorder (PTSD) also falls within the scope of the ADA, and sufferers can be given an assistance dog to help them calm down during an attack.

There is a wide range of tasks that assistance dogs can perform. For example, they can fetch medication during a seizure, dial 911 on the K9 emergency phone, help with balance, call for help, turn lights on or off, respond to smoke detector alarms, or provide tactile stimulation to calm a panic attack. In short, the task should mitigate disability. Merely providing shelter, emotional support or companionship is not considered a skilled task under the ADA.

Some people believe that if they can obtain an assistance dog certificate or certification from one of the dozens of websites, then their dog is an assistance dog and businesses must allow the animal on their premises. None of these sites or organizations are federally recognized by the ADA. They are just a way to make money for the site.

Many business owners and employees mistakenly believe they cannot ask questions about the companion animal and fear they may be sued for discrimination under the ADA. Although business owners and employees cannot discriminate against people with disabilities by refusing to provide an assistance animal, they can ask two questions, “Is this dog an assistance dog?” and “What type of work or tasks does the dog perform?” The employee is not entitled to demand proof that the dog is an assistance dog. However, if a discrimination claim is filed, the person filing the claim must provide the court with proof that the animal is an assistance dog. The same is true if a person is arrested for trespassing. They must provide evidence to the court if their affirmative defense is that the animal in question is an assistance dog.

 Businesses must make provisions for assistance dogs, but there are rules related to public health and safety. If the dog gets out of control, it is permissible to ask the owner and the dog to leave. It is simply a matter of public safety. Similarly, if the assistance dog is not house-trained, it is permissible to ask the dog to leave for public health reasons. In that case, the company must allow the owner to receive goods or services without their animal.

Assistance dogs must also be leashed, restrained or otherwise tethered, as long as it does not interfere with a specific task. In that case, the person shall maintain control over the animal by voice command or other means.

Business and facility owners shall not allow assistance dogs in areas inaccessible to the general public. For example, the public is not allowed in the kitchen of a restaurant, nor is an assistance dog. In hospitals, assistance dogs are allowed in waiting rooms or patient rooms, but not in sterile areas.

Business owners and their employees should be aware of the ADA regulations regarding assistance dogs so as not to infringe on the rights of people with disabilities and risk the consequences of discrimination, but there are limitations they should be aware of.

If you are a business or person with a disability and want to know more about your rights, responsibilities, or obligations, please visit here Service Dog vs Emotional Support Dog.