Service Dog Information
Service Dogs
A service dog or animal is one that helps guide people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person to take their medications, calming a person with anxiety or suffering from Post-Traumatic Stress Disorder (PTSD) or performing other duties.
WHERE IS MY SERVICE DOG ALLOWED?
Under the federal law ADA (Americans Disability Act) both state and local governments, businesses and non-profit organizations that serve the public must allow service dogs and service animals and their handlers full access to their premises where the public can go. This guideline certainly has some limits, for example a service animal will be allowed into a hospital waiting room but not in the O.R. Or the service animal will be allowed into a restaurant but not the kitchen area where food is being prepared. The Air Carrier Access Act (ACAA) allows that a service dog may travel with its owner on an airplane. Prior to flying check with your airline regarding service dog details.
YOUR SERVICE ANIMAL MUST BE CONTROLLED
It is important that your service dog is in control and well behaved when in public places. Under the ADA guidelines, all service animals must be harnessed, leashed, or tethered. In the event the harnesses or leashes interfere with the service animals work, like search and rescue or picking up items, then the animal can be unleashed but must be able to demonstrate control through signal, voice or other means of controlling animal.
WHAT QUESTIONS CAN A BUSINESS OWNER OR STAFF ASK?
Inquiries about your service animal can be limited to only two questions for access to a public area.
Staff cannot ask about the person’s disability. Allergies and the possible fear of dogs is not a valid reason for denying access. Any person with a service animal cannot be asked to leave the premises unless;
FOLLOWING CONDITIONS A SERVICE ANIMAL MAY HELP WITH
WHERE IS MY SERVICE DOG ALLOWED?
Under the federal law ADA (Americans Disability Act) both state and local governments, businesses and non-profit organizations that serve the public must allow service dogs and service animals and their handlers full access to their premises where the public can go. This guideline certainly has some limits, for example a service animal will be allowed into a hospital waiting room but not in the O.R. Or the service animal will be allowed into a restaurant but not the kitchen area where food is being prepared. The Air Carrier Access Act (ACAA) allows that a service dog may travel with its owner on an airplane. Prior to flying check with your airline regarding service dog details.
YOUR SERVICE ANIMAL MUST BE CONTROLLED
It is important that your service dog is in control and well behaved when in public places. Under the ADA guidelines, all service animals must be harnessed, leashed, or tethered. In the event the harnesses or leashes interfere with the service animals work, like search and rescue or picking up items, then the animal can be unleashed but must be able to demonstrate control through signal, voice or other means of controlling animal.
WHAT QUESTIONS CAN A BUSINESS OWNER OR STAFF ASK?
Inquiries about your service animal can be limited to only two questions for access to a public area.
- Is the dog a service animal required because of a disability?
- What work or task has the dog or service animal been trained to perform?
Staff cannot ask about the person’s disability. Allergies and the possible fear of dogs is not a valid reason for denying access. Any person with a service animal cannot be asked to leave the premises unless;
- the dog is out of control and the handler is unable to bring the dog under control.
- the animal is not house broken.
- if there is legitimate reasoning for having the animal leave the premises the person will still have the right to obtain goods or services without the animal being present.
- people with service animal cannot be isolated from other patrons because of the service animal. Also, if the business, like a hotel, normally charges damage deposits for pets they can’t charge this deposit for a service animal.
FOLLOWING CONDITIONS A SERVICE ANIMAL MAY HELP WITH
- Guide Dog
- Mobility Aid Dog
- Seizure Alert Dog
- PTSD Service Dog
- Hearing Alert Dog
- Diabetes Alert Dog
- Migraine Alert Dog
- Narcolepsy Alert Dog
- Seizure Response Dog
- Psychiatric Service Dog
- Narcolepsy Response Dog
Emotional Support Animals
An Emotional Support Animal (ESA) is an animal that can provide emotional and therapeutic benefit to those suffering with emotional issues, anxiety or psychiatric problems. Most often an emotional support animal is a cat or a dog but we have seen other animals like pigs also registered.
In order to benefit from the federal law protection under the United States a person must have a note from a licensed mental health counselor stating the person has a condition and the animal provides emotional support benefiting the person with the disability. The animal doesn’t need specific working abilities to become and emotional support animal.
WHAT IF MY LANDLORD DOESN’T ALLOW PETS?
The U.S. federal protection act protects against housing discrimination supports the access for emotional support animals under two federal statutes:
CAN I BRING MY EMOTIONAL SUPPORT ANIMAL ON FLIGHTS?
Absolutely the Air Carriers Access Act allows for mentally or emotionally disabled persons to be accompanied on flights by an emotional support animal.
CAN I BRING MY EMOTIONAL SUPPORT ANIMAL TO PUBLIC PLACES?
Thousands of our clients have had success utilizing our services allowing their emotional support animal in public places and housing. These laws create a rule that a landlord or public facility cannot discriminate against a person or persons with an emotional support animal. People with an emotional support animal may request a reasonable accommodation such as a waiver of no pets policy due to the animal being an emotional support animal under both the FHAA and Section 504.
HOUSING LANDLORDS AND MANAGERS CAN’T DO THE FOLLOWING:
In order to benefit from the federal law protection under the United States a person must have a note from a licensed mental health counselor stating the person has a condition and the animal provides emotional support benefiting the person with the disability. The animal doesn’t need specific working abilities to become and emotional support animal.
WHAT IF MY LANDLORD DOESN’T ALLOW PETS?
The U.S. federal protection act protects against housing discrimination supports the access for emotional support animals under two federal statutes:
- Section 504 of the Rehabilitation Act of 1973.
- Federal Fair Housing Amendments Act of 1988.
CAN I BRING MY EMOTIONAL SUPPORT ANIMAL ON FLIGHTS?
Absolutely the Air Carriers Access Act allows for mentally or emotionally disabled persons to be accompanied on flights by an emotional support animal.
CAN I BRING MY EMOTIONAL SUPPORT ANIMAL TO PUBLIC PLACES?
Thousands of our clients have had success utilizing our services allowing their emotional support animal in public places and housing. These laws create a rule that a landlord or public facility cannot discriminate against a person or persons with an emotional support animal. People with an emotional support animal may request a reasonable accommodation such as a waiver of no pets policy due to the animal being an emotional support animal under both the FHAA and Section 504.
HOUSING LANDLORDS AND MANAGERS CAN’T DO THE FOLLOWING:
- They can’t require that the ESA animal performs a certain task like a service animal
- They can’t require a pet deposit or fee for accommodating the emotional support animal, even when the landlord or manager requires other tenants to pay a pet deposit.
- Inquire about the extent of the person’s disability, or ask for detailed medical record.
- The landlord or manager cannot refuse to accommodate your animal because their insurance policy won’t allow a species, breed or weight limit of the ESA.