Why Can’t My Kangaroo Fly with Me? Sorting through the Confusion about Support Animals

By Chas Barrie & Peter Welch

Support Animals: (Part I of III)

Most of us are probably familiar with Seeing Eye dogs, but support animals are not limited to dogs and only used by the visually impaired. Their uses vary almost as much as types of disabilities do and the variety of creatures used for support has expanded as well.

The value in dogs as aids is well documented, but now other animals, such as miniature horses, ferrets, potbelly pigs, Capuchin monkeys, parrots and boa constrictors are all being used in some way as support animals. If you would like more information about the wide range of animals that have been trained as support pets you may want to visit the following web site:

https://disabilityguide.com/6-different-types-of-service-animals.html

https://www.disabled-world.com/disability/serviceanimals/

As of March 2011, the ADA only recognizes dogs as service animals (service, not support animals) under titles II and III. The U.S. Department of Justice defines a service dog as follows: “A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability.” The Justice Department goes on to state: “Generally, title II and title III entitles must allow service animals to accompany people with disabilities in all areas where members of the public are allowed.”

Many states take a much broader view on what constitutes a service animal and it is recommended that you check with your state or local government guide lines.

Based on the ADA guidelines, below are some basic rules which have been applied to service animals:

· State, local governments, any business or non-profit organization providing services to general public is required to allow a service animal that is accompanied by a person with disabilities in all areas used by the general public.

· Service animals must be harnessed, leashed or tethered. Exception is unless use of these restraints interferes with the animal’s task, or the person’s disability prevents using such devices (in such a case the individual must remain in control of the service animal through voice, signal or other method at all times).

· If there is doubt what service an animal provides, as per the ADA “only limited inquiries are allowed.” The staff is not permitted to ask about a person’s disability, ask for medical documentation, require special identification card, or documentation of a dog’s training or demonstration of service animal’s ability to perform task. The staff may ask the following two questions:

1. Is this animal required because of a disability?

2. What work or task has this dog been trained to perform?

· Allergies and fear of dogs are not valid reasons for refusing a person with a disability use of a service dog. If the animal is to spend time in the same room with people with allergies or fears, such as a school setting or perhaps a homeless shelter, they can both be accommodated by assigning different locations in the room or if possible a different room within the facility.

· A person with a disability can only be asked to remove their service animal from a facility for either of two reasons:

1. If the animal is out of control, and the handler does not take effective action to gain control of the animal.

2. If the dog is not housebroken.

¾ Should a person with a disability be asked to remove the service dog, the staff is required to offer that person the opportunity to obtain goods or services without the animal’s presence.

· Businesses which sell or prepare food must allow the service animal in public areas even if state and local regulations forbid animals on the premises.

· The ADA also requires: “People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals.”

· If a business charges guests for damages which may be caused by a service animal, the consumer with the animal may be charged for damages caused by the owner.

· The staff of a business is not required to provide food or care for a service animal.

In the second part of this blog post series, we will explore the three major classes of support animals and what they mean. Part three will begin to explore misrepresentation of service animals (Dog Fraud), service dog etiquette, and some tips for business owners for spotting animal frauds.

Sources:

U.S. Department of Justice, Civil Rights Division. (2011). Service Animals. Retrieved From: http://www.da.gov/service_animals_2010.htm