IS THAT A REAL SERVICE DOG? OR IS IT SOMEONE'S PET
There has been a significant increase in the number of “Assistance Animals� turning up in public places, helping their handlers who suffer from a wide variety of disabilities and afflictions.
Unfortunately, there has also been an increase in confusion about these animals, which has sparked some controversy. This can be distressing to those who depend on them to help cope with everyday life.
Americans with Disabilities Act (ADA) | www.ADA.gov
Service Animals as Defined by Americans with Disabilities Act
SERVICE DOGS Any dog trained to perform tasks for an individual with a disability.
EMOTIONAL SUPPORT DOGS Medically prescribed animals providing therapeutic benefit through dedicated companionship.
K9 Partners for Patriots, Inc. | 16230 Aviation Loop Dr., Brooksville, FL 34604 | www.K9PartnersForPatriots.com
THERAPY DOGS Animal-assisted therapy involving animals as a form of treatment.
Is the Assistance Animal Legitimate - Can I Ask?
SERVICE DOGS
No - it’s against the law! Legally, the handler can only be asked 2 questions about their relationship with the dog: 1. Does your dog provide a service? 2. What is your dog trained to do?
EMOTIONAL SUPPORT DOGS
There is no law against asking. Only airline employees, landlords, and educational facility administrators have a legal right to ask for medical documentation from the handler to allow access.
K9 Partners for Patriots, Inc. | 16230 Aviation Loop Dr., Brooksville, FL 34604 | www.K9PartnersForPatriots.com
THERAPY DOGS
Yes. Although pet owners do not have a legal right to bring these animals into public places that aren’t pet friendly, certain institutions such as hospitals and libraries may provide access by prior agreement.
Are They Legally Allowed Here?
SERVICE DOGS
Yes, if it’s any place the public is allowed, at no added cost, as per the ADA Law. (Only religious institutions are exempt.)
EMOTIONAL SUPPORT DOGS
Only on airplanes, in housing and in educational institutions.
K9 Partners for Patriots, Inc. | 16230 Aviation Loop Dr., Brooksville, FL 34604 | www.K9PartnersForPatriots.com
THERAPY DOGS
They are only allowed in nonpet friendly venues by special permission.
Are They Even Allowed In Restaurants?
SERVICE DOGS
Yes, but that doesn’t mean they can eat at the table.
EMOTIONAL SUPPORT DOGS
No, unless by special permission.
K9 Partners for Patriots, Inc. | 16230 Aviation Loop Dr., Brooksville, FL 34604 | www.K9PartnersForPatriots.com
THERAPY DOGS
No, unless by special permission.
What If They Are Misbehaving?
SERVICE DOGS
EMOTIONAL SUPPORT DOGS
The Law stipulates that a service dog must not cause a disruption in public. The dog must be under the handler’s control at all times. Otherwise it can be legally removed from an establishment.
They can be excluded anywhere not regulated under the pertinent laws listed here.
K9 Partners for Patriots, Inc. | 16230 Aviation Loop Dr., Brooksville, FL 34604 | www.K9PartnersForPatriots.com
THERAPY DOGS
Not allowed anywhere there is a “no pets” rule, except through prior special agreement.
Can I Pet Them?
SERVICE DOGS
No. They are working and by distracting them you could put their handler in jeopardy.
EMOTIONAL SUPPORT DOGS
No. Similar to Service Dogs.
K9 Partners for Patriots, Inc. | 16230 Aviation Loop Dr., Brooksville, FL 34604 | www.K9PartnersForPatriots.com
THERAPY DOGS
It depends on the circumstances. Ask the handler/owner first.
What Kind of Animals Are Allowed?
SERVICE DOGS
EMOTIONAL SUPPORT DOGS
The ADA Law stipulates dogs only. They can be any breed or size. Municipalities cannot ban specific breeds.
Any type of animal. (Animals other than dogs will be considered on a case by case basis by airlines.)
K9 Partners for Patriots, Inc. | 16230 Aviation Loop Dr., Brooksville, FL 34604 | www.K9PartnersForPatriots.com
THERAPY DOGS
Any type of animal.
Certification or Identification Required?
SERVICE DOGS
No. They are not required to wear a special vest, badge, etc. There is no national registry and no certification is necessary.
EMOTIONAL SUPPORT DOGS
No.
K9 Partners for Patriots, Inc. | 16230 Aviation Loop Dr., Brooksville, FL 34604 | www.K9PartnersForPatriots.com
THERAPY DOGS
Generally, yes, depending on hosting entity’s requirements.
Have They Been Specially Trained?
SERVICE DOGS
Yes. They have been extensively trained to perform specific service(s) for their disabled owner/handler.
EMOTIONAL SUPPORT DOGS
No, not necessarily, though they should be well-behaved and obedient.
K9 Partners for Patriots, Inc. | 16230 Aviation Loop Dr., Brooksville, FL 34604 | www.K9PartnersForPatriots.com
THERAPY DOGS
They should have been screened for temperament and obedience trained.
Does The Animal Have to Be Leashed or Restrained?
SERVICE DOGS
Yes. Unless it interferes with the task the dog has been trained to perform.
EMOTIONAL SUPPORT DOGS
Yes.
K9 Partners for Patriots, Inc. | 16230 Aviation Loop Dr., Brooksville, FL 34604 | www.K9PartnersForPatriots.com
THERAPY DOGS
Yes.
Are They Pets?
SERVICE DOGS
No. They are not considered pets under the law.
EMOTIONAL SUPPORT DOGS
No. They are not considered pets under pertinent laws.
K9 Partners for Patriots, Inc. | 16230 Aviation Loop Dr., Brooksville, FL 34604 | www.K9PartnersForPatriots.com
THERAPY DOGS
Yes. They are someone’s pet.
Subject to Normal Licensing & Vaccination Rules?
SERVICE DOGS
Yes
EMOTIONAL SUPPORT DOGS
Yes.
K9 Partners for Patriots, Inc. | 16230 Aviation Loop Dr., Brooksville, FL 34604 | www.K9PartnersForPatriots.com
THERAPY DOGS
Yes.
Do Some People Lie About Their Assistance Animal’s Status?
SERVICE DOGS
EMOTIONAL SUPPORT DOGS
Yes, though misrepresentation is punishable by law.
Yes. Some people misrepresent their pets in order to get around landlords’ “no pet” rules or to avoid paying extra to fly with their pet. Misrepresentation may be punishable by local law.
K9 Partners for Patriots, Inc. | 16230 Aviation Loop Dr., Brooksville, FL 34604 | www.K9PartnersForPatriots.com
THERAPY DOGS
It’s possible, but there’s nothing to gain by doing so, since these animals enjoy no legal access protection.
Legal Standing
SERVICE DOGS
Universal access regulated under the ADA, FHA and IDEA/Section 504.
EMOTIONAL SUPPORT DOGS
The animal is viewed as “reasonable accommodation” through the Fair Housing Act (FHA), Air Carrier Access Act and IDEA/Section 504. State and Local laws may provide protection as well. Airlines can require 48 hours advance notice, but cannot charge an extra fee for the animal.
K9 Partners for Patriots, Inc. | 16230 Aviation Loop Dr., Brooksville, FL 34604 | www.K9PartnersForPatriots.com
THERAPY DOGS
No Legal Standing.
For More Information Visit K9PartnersForPatriots.com