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Questions & Answers about Service Animals and the Law:
Which Animals do the ADA & State Law Recognize
Outstanding Or Unanswered Questions
Submitted During The Service Animal Web Cast Held Wednesday, April
14, 2004
These are the questions which will be answered during the follow-up
Web cast on Thursday, April 29, 2004
Categories of Questions:
The Definition of a Service Animal
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Please define “short interaction” in guidance
of time? Is 6 hours, for example, short interaction?
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Can you talk a little about the term "minimal protection"
in the definition?
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Under the definition of a Service dog, can you describe what
is meant by “providing minimal protection?”
Comfort/support/companion/therapy animals
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Are therapy=comfort=emotional support animals covered under
the ADA as service animals?
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What is the difference under the ADA of a service animal and
a companion animal?
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Are companion animals not covered under the ADA?
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are these animals (dogs, cats, other) under ADA...comfort=psychiatric=therapy=emotional
support animals (dogs, cats, others)...service animals?
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Does a person with a note from a therapist/physician that
an animal gives comfort meet the DOJ definition...in this case
no special training...just that that animal provides comfort.
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What relationship is there between the mental diagnosis, comfort,
stress symptom relief and coverage under the law?
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Please clarify.... If I can't ask where/how animal was trained...how
can one deal with a consumer with mental illness that says this
is a "service animal/companion/emotional support animal?"
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Is there any case law on emotional support animals being equivalent
to services animals?
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Could you give us more examples of service animals used for
mental health disorders - or a web site to get more info on
this subject?
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One of these days one of these untrained dogs will do something
horrible and will cause the laws to be changed to the detriment
of those of us who validly use a trained fog to assist us. Their
needs to be an absolute distinction made between psychiatric
service dogs and emotional support companion dogs. I would like
to know what you think given this information.
Enforcement & Implementation of
the ADA Pertaining To Service Animals
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How does the service animal owner prove to the business owner
that the animal is in fact a "service animal"?
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Is a business owner required to allow someone to bring 2 service
animals with them into the business? Additionally, if the person
does not appear physically or mentally disabled, may the business
owner request documentation of the person’s disability?
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What does one do, on site, when local law enforcement agrees
with business management and refuses to enforce ADA Service
Animal law?
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I understand the potential of filing a complaint, which eventually
will be addressed (maybe weeks later) – I am speaking
about the “moment” that a person with a service
animal wants to enter a facility with family and friends and
the service animal – and police are not well informed
about ADA rights, or subscribe to the idea that a “local
business owner/manager has the right to refuse service to anyone.”
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What can I do if hotels deny access to guide dogs?
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How would you recommend addressing someone who is denying
a service dog? Especially, after you show them your dogs ID
or a copy of the ADA regulations. Would you advise for or against
calling the police?
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A friend of mine who uses a service dog often runs into a
problem with Chinese restaurants. The strategy that he uses
has been very effective.
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Each time he is told he cannot take the dog into the Chinese
restaurant, restaurant representatives threaten to call the
police. He always agrees with them and says yes we will let
them resolve this. They always back off and let him in with
no more problems.
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I would like to know the proper chain of command for getting
an entity to change its policies regarding an access issue .
. . do I complain locally first and to whom?
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What can we do as service animal users to help Educate the
public?
Admission or Exclusion of Service Animals
to Particular Places
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Please comment on whether people can be denied use of their
service animals in rehab programs for people with disabilities.
For example, the Stephanie Dohmen case.
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A customer with a disability has a small service dog and is
concerned that other customers’ carts will hurt the dog.
The customer wants to have the service dog ride in a grocery
cart. The grocery store is concerned about food contamination.
Does a grocery store have to allow a service animal to ride
in a grocery cart?
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Disney World has published in their disability guide on what
attractions they will not allow service animals. They do not
perform any individual evaluations of whether the service animal
will represent a direct threat. It is simply a blanket prohibition
on specific attractions. Is this policy lawful?
Prison
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Are there any examples or cases where we know a prison has
admitted a service animal with a prisoner? I can’t believe
that they would actually allow that, as the animal is trained
and could certainly be considered a weapon or the like.
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If one was incarcerated, could the prison use the excuse that
you cannot take the dog outside as a reason to prevent you from
having the service dog with you? Or, do they have to provide
an accommodation or a modification in policy to provide a guard
to take you and dog to let the dog eliminate?
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What if you are in a holding cell for a day or 2, do the authorities
have to allow a service animal? If so, must they accompany you
to a place to relieve your dog and allow family or friends to
bring supplies to care for the dog?
Allergies
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Are people with severe allergies considered disabled?
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Peanuts were outlawed on airlines due to the dust from them
creating severe allergic reactions to the population. How is
that different from people with allergies to dog dander? Do
you think in time that dogs may be outlawed on airplanes because
of that? The air is re-circulated on an airplane and thus is
contaminated.
Training
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How do you determine who is qualified to provide training?
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The Costco policy is that any person with a service animal
that is not wearing a service animal cape, harness, or other
identifying materials, is asked what task the service animal
performs that cannot be performed by the person. This is asked
of every person and this policy has been affirmed by the U.S.
District Court. This seems in contradiction to what you have
said. Will you please comment?
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Many people with "owner trained" service dogs claim
that as soon as the dog can do "one thing that is of help"
the dog is no longer a service dog in training but is a service
dog meeting the definition of the ADA. Do you agree?
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Can you discuss breeds of service dogs…I use a Rottweiler
service dog, which is not always well received by the public,
and I have been told Rottweilers or pit bulls or other breeds
cannot be service dogs.
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Do owners of service animals carry any ID for the animal to
prove they were trained? Guide dog owners sometimes carry manuals
with the regulations re guide dogs.
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What is a trainer under the ADA?
State Law
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Many states have laws stating that a person using a service
animal needs to have proof of certification for the animal.
Does the ADA or state laws take precedent here?
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One problem in our area is that of dogs trained by a trainer
versus dogs trained by their owner. Some trained by the owner
are better behaved in the public than those trained by a trainer
or a school. Pennsylvania is pushing for certification of service
animals. If that passes, the well-trained animal may not be
able to be in public and the owner may not be able to afford
a trainer to certify their animal. What is your opinion of this
debate?
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A number of states have passed laws that address service dogs
or service animals. In many of these state laws, some of which
give protections beyond that provided by the ADA, there are
requirements for service dog certification. Some state laws
require that a service dog be identifiable as being from a recognized
school that trains service dogs. Some state laws require that
service dogs be dressed in identifying capes or that they have
leashes of specific colors.
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Is lawful for a state to require that a service dog be certified?
Is it lawful for a state to require that a service dog be trained
by a recognized school or program? Is it lawful for a state
to require that a service dog be identified by a cape, I.D.
card. or a leash of a specific color?
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The State of Tennessee has a service dog law that dramatically
limits the rights of people with disabilities with service animals.
This state law requires that service animals be certified. This
state law requires that people with disabilities with service
animals present certification documentation as a condition of
access. The Attorney General of the State of Tennessee has published
a formal opinion that the Tennessee law is fully compliant and
compatible with the ADA. This state law is being used to deny
equal access to people with disabilities with service animals
across the State of Tennessee. The State Department of Health
has, based on this A.G. opinion, told all restaurants that if
they allow a dog in the restaurant without first seeing certifying
documentation the restaurant can be fined for violating the
requirements of the Department of Health that prohibits dogs
from restaurants.
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What is the U.S. Department of Justice doing to correct this
problem that is keeping people with disabilities with service
animals from having equal access to places of public accommodation,
especially food service establishments, in the State of Tennessee?
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When a state law provides protections beyond that provided
by the ADA, such as making it a crime to deny access to a person
with a disability with a service dog, can that additional protection
be limited to only those people with disabilities whose service
dogs meet the requirements of the state law? When a state law
provides for damages when a person's pet dog harms a service
dog can the provision of such damages be limited to only those
people with disabilities whose service dogs meet the standards
of the state law? When a state law provides for a criminal penalty
for denying access to a person with a disability with a service
dog that law allows for local police to enforce the access rights
of such people with disabilities. Can that police enforcement
of these access rights be limited to only those people with
disabilities whose service dogs meet the standards in the state
statute?
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Are there are any plans to have a similar Web cast on the
subject of Texas law and service dogs? Texas law provides for
FAR greater protection for service dogs than even the ADA does.
Texas law not only offers greater protection for issues of denial
of access but also for protection of the dog against abuse or
attack. Additionally, and more importantly, Texas law has also
raised the level of denial of access from a civil infraction
to a criminal infraction. This means instead of having to file
a civil lawsuit, which ultimately becomes a he-said/she-said
argument, someone can simply call the police and they are required
to enforce criminal law whereas they're not required to take
any action on a civil law. Additionally, if this subject is
of interest to you, Texas requires that a service dog be trained
at a recognized service dog school. This subject will most certainly
open up a whole new can of worms so to say.
Other
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Can you talk about how requesting the use of a service animal
in the workplace under Title I may differ from using a service
animal in a place of public accommodation under Title III?
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Has a service animal ever been considered "assistive
technology” under the Tech Act or other acts?
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The "Legal E-Bulletin" on the website mentions snakes
among animals that are trained to assist people with disabilities.
Just curious about the type of assistive task(s) they can be
trained to perform.
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I know someone with a seizure disorder who claims to be raising
and training a puppy, supposedly with guidance from some organization,
to be an assistance animal to detect approaching seizures. It
was my understanding that some dogs have this ability and some
do not, so I am wondering if it is really possible to train
a puppy in this special ability?
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