According to the Americans with Disabilities Act (ADA), service animals are animals that are individually trained to perform tasks for people with disabilities--such as guiding people who are blind, alerting people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a seizure, or performing other special tasks. Service animals are working animals, not pets.
According to this definition, many different types of dogs, as well as other animals, as long as they are trained to perform tasks needed by a disabled individual, can be a service animal. Most people think of guide dogs for the blind, which are typically German shepherds or Labrador retrievers, to be the only legally allowable service animals. This assumption is false. Many other breeds of dog (including mixed breeds), and other animals, can work as service animals for the disabled. They can be smaller in size than the larger dogs too.
You may find that your own state law differs in certain instances from the ADA, which is a federal law. If there is a conflict, the ADA and federal law has authority over a state's law.
What Else can Service Animals Do?
Service animals can also help, for example, to steady people who are unstable on their feet, retrieve dropped items or bring items to people, wake people up to answer the door or telephone, or help alleviate certain symptoms of psychiatric illnesses.
Are Therapy Dogs Service Animals?
No! This is one of the most confusing parts of the definition, especially for business owners and owners of other spaces where service animals are allowed access by law. People often equate therapy dogs with service animals. They are definitely not the same thing, and don't qualify for the same levels of accessibility. A good way to remember the difference between service animals and therapy animals is to think of who each does the work FOR--a service dog works for its owner, while a therapy dog typically goes out to work for someone else. Can there be exceptions? Sometimes, but not often, so it's best to keep it simple in the beginning.
In terms of accessibility, service animals have the greater level of protection. They must be allowed to live anywhere, even in accommodations where other pets are not allowed. Service dogs can accompany their owners anywhere, even into restaurants and food stores. Therapy dogs don't have these same privileges. They are limited to travel back and forth to where they are working, and into the buildings in which they have a specific job, such as a hospital with an animal therapy program, or a senior citizens' residence with a program. If a service dog is denied access, the owner is entitled to file a discrimination complaint. Not so with a therapy dog. The only two exceptions to the accessibility law for service animals are 1) if the animal is out of control and cannot be effectively controlled by its owner, and 2) if the animal is posing a direct threat to the health or safety of others. According to the ADA, allergies and fear of animals are generally not valid reasons for denying access or refusing service to people with service animals.
What About Emotional Support Dogs?
Emotional support animals are not service animals, however they are recognized as necessary to the well-being of the owner, and are protected under housing law. Even if there is a no-pet clause in a lease, an emotional support dog must be allowed to occupy any living quarters with its owner. It's always good to check the laws of your state and keep a copy available in case any question arises so you are prepared to offer proof. A note from a licensed health professional is helpful in this regard as well.
The final category of animal is the companion animal or pet.. Dogs in the category of companion or pet do not qualify for any special access or treatment in relation to their owners. All animal regulations and prohibitions must be observed for companion pets.
What Kind of Identification or Certification do I Have to Show as Proof for my Service aAnimal?
None! You have to be taken at your word if someone asks you. Legally you can be asked what tasks the animal performs for you, but not what your health condition or diagnosis is. Some people do carry certain materials to avoid hassles from the public, however legally this is not necessary. Dealing with the public when you have a service animal is a large topic and deserves its own discussion. Look for our articles on this and on dog training for additional help and support.
Sources:
U.S. Department of Justice Americans with Disabilities Act ADA Home Page. http://www.ada.gov/ (accessed June 28, 2009)
"Commonly Asked Questions About Service Animals in Places of Business". U.S.Department of Justice Civil Rights Division Disability Rights Section, July 1996 Last updatedJanuary 14, 2008. http://www.ada.gov/qasrvc.htm (accessed June 28th)
"Service Animals". Americans with Disabilities Act ADA Business Brief. U.S. Department ofJustice Civil Rights Division Disability Rights Section, June 2002. http://www.ada.gov/svcabrs3.pdf (accessed June 28, 2009)
Additional Articles:
http://disability-advocacy.suite101.com/article.cfm/meeting_the_public_with_your_service_animal
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