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Dogs pages Index | Laws
pertaining to Service Animals
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Service Dogs |
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Teamwork
with a trained assistance dog empowers disabled individuals to function with greater self sufficiency, to prevent injuries, and to overcome or mitigate the difficulties imposed by many disabling physical
and psychiatric conditions. |
Dogs with Jobs
(unfinished)
A Service Dog
can mean the difference between being housebound and having independence to a
person with a disability. Society as a whole benefits. Service dogs have proved
to be cost-effective trustworthy helpers. They offer empowerment, mobility, and
independence, to individuals who otherwise might have required the services of a
full time human attendant. The psychological, physical, emotional, and social
benefits they offer greatly improve a disabled person's quality of life. This in
turn decreases demand on health care and social service systems.
There are several types of
service dogs in addition to the Guide Dogs for the blind that we are all familiar with.
Service dogs can also be: Hearing Dogs, Mobility
Assistance Dogs, Seizure
Alert Dogs, and
Psychological Service Dogs. Many service dogs are cross-trained to perform more
than one category of work and several different types of tasks.
According to the Americans with Disabilities Act (ADA), a dog is considered a service
dog if it has been "individually trained to do work or perform tasks for the
benefit of a person with a disability." The animal must be trained to
perform tasks directly related to the individual's disability which must meet
the legal requirements of a disability. They do not limit the type of disability
for which a service animal can be used, or the species of animal that can
qualify as a service animal. Companion animals (regular pets), Social or Therapy
dogs, and animals that simply offer emotional support and comfort, are not
considered Service Animals. The ADA does not apply to them or to "service dogs
in training". Service Animals are trained to do specific tasks. Service dogs may
be acquired from specialized agencies that train them or a disabled individual
can select and train their own. They may also contract a professional to train
their dog for them. Note: Sometimes service dogs are referred to as "assistance
dogs.
Under
the ADA, businesses and organizations
that serve the public must allow people with disabilities to bring
their service animals into all areas of the facility where customers
are normally allowed to go. This federal law applies to all businesses
open to the public, including restaurants, hotels, taxis and shuttles,
grocery and department stores, hospitals and medical offices, theaters,
health clubs, parks, and zoos. The ADA prohibits these places from requiring
proof or certification of the service animal’s training or the disabled person's
disability. Many disabilities, such as deafness or psychiatric illnesses, are not visually obvious.
It would be highly inappropriate to demand a full disclosure of a disabled
person's illness or make a judgment about it or their resulting need for a
service animal. Not only would it be rude and most unkind, most of us are not
licensed to make medical decisions like that for people. The ADA is a
federal civil rights law under the Department of Justice. It supersedes
state law.
A public
business or place of public accommodation may exclude a service dog only when it
can be demonstrated that the presence or behavior of the animal creates a safety
hazard (direct threat) or a fundamental alteration to the facility. The decision
that the presence of a service animal poses a direct threat to others has to be
based on current objective information, the probability that harm will occur,
not the mere possibility, and it can't be based on stereotypes or speculation. A service dog that growls or
bites someone would be a clear safety hazard and a direct threat. A service dog that barks
disruptively in a library or a theater where quiet is necessary for normal
operations would be an example of fundamentally altering the
nature of the public accommodation. A bystander who is allergic to or afraid of
dogs would not be an alteration or bee seen as being directly threatened. They can move away from the service animal.
Service
Dog Resources & Links
The Delta Society -
Improving human health through service and therapy animals. Delta Society is an
international, non-profit organization that unites people who have mental and
physical disabilities and patients in healthcare facilities with professionally
trained animals to help improve their health.
The Psychiatric Service Dog
Society - Nonprofit organization dedicated to responsible Psychiatric
Service Dog (PSD) education, advocacy, research and training facilitation.
Right To Emotional Support Animals In "No Pet" Housing - Fair Housing
Information Sheet # 6, Bazelon
Center for Mental Health Law - leading legal advocate for people with mental
disabilities.
Saint Francis Of
Assisi Service Dog Foundation - nonprofit organization that helps people
with disabilities become more independent, productive and happy through
partnership with service dogs.
International Association of
Assistance Dog Partners - A non-profit, cross-disability organization
representing people partnered with guide, hearing and service dogs.
Americans
with Disabilities Act Home Page - Department of Justice Information
and Technical Assistance for the Americans with Disabilities Act (ADA). If you
have further questions about service animals or other requirements of the ADA,
you may call the U.S. Department of Justice's toll-free ADA Information Line at
1-800-514-0301 (voice) or 1-800-514-0383 (TDD).
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