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Service Animal Awareness

What Makes An Animal

More Than Just A Pet?

Service Animals Assist People with Many Types of Disabilities

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Have you ever heard of a Service Animal? Most people are familiar with Service Dogs such as Guide Dogs for those who are blind and Hearing Dogs for those who are deaf. Yet, we often do not realize that, “Service animals are not limited to animals that assist people with hearing or sight impairments, but also include those that otherwise assist individuals with disabilities” (Dunne).

In many cases, a service animal is used by those utilizing wheelchairs and walkers. However, a service animal can be trained to “assist persons with other kinds of disabilities in their day-to-day activities” (USDOJ). According to the Americans with Disabilities Act (ADA, 1990), "As defined in section 36.104 of the title III regulation, a service animal includes any animal individually trained to do work or perform tasks for the benefit of an individual with a disability" (Dunne).

Despite the notion that all people living with disabilities are either blind, hearing impaired or those using wheelchairs, there are people with all kinds of disabilities. As a result, the ADA defines a disability as, “a physical or mental impairment that substantially limits one or more of the major life activities of such individual” (USEEOC).

Although a service animal is most often a dog, it can also be another kind of animal such as a cat, bird, monkey, pig or even a miniature horse! However, a service animal is not just a pet or companion. “Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself” (USDOJ). Therefore, a service animal should be trained to execute disability related tasks such as retrieve, pick up, drop, lead, pull, alert, nudge, etc. They should also be able to follow basic obedience commands such as sit, stay, here, down, follow, etc., as well as learn good behavior in public places.

A trained service animal is allowed access to public places. "Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed." In addition, “An individual with a service animal may not be segregated from other customers” (USDOJ).

How does a proprietor know the handler’s animal is a service animal? "The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government" (USDOJ).

Also, "Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability…. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability" (USDOJ).

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align=centerMany business owners have a "no pets" policy on their premises. Nonetheless, "A service animal is not a pet. The ADA requires you to modify your 'no pets' policy to allow the use of a service animal by a person with a disability. This does not mean you must abandon your 'no pets' policy altogether but simply that you must make an exception to your general rule for service animals" (USDOJ).

Often a business will state that their local county health department has told them that only a seeing eye or guide dog has to be admitted. However, "...[you are in violation of the ADA] if you refuse to admit any other type of service animal on the basis of local health department regulations or other state or local laws. The ADA provides greater protection for individuals with disabilities and so it takes priority over the local or state laws or regulations" (USDOJ).

Many transportation companies often fear that admitting an animal into their taxis, buses and trains would be detrimental to their other customers. In spite of this,  "…under the ADA regulation issued by the Department of Transportation (49 C.F.R. Part 37) for the provision of transportation services to individuals with disabilities by public and private entities, section 37.167(d) requires those entities to permit service animals to accompany individuals with disabilities in vehicles and facilities. The regulation defines the term 'service animal' in the same manner as the Department's ADA regulation" (Dunne).

Not all animals are deemed service animals, because they are not limited to working with people who have disabilities, by performing tasks to their benefit. For example: Therapy, social and facility animals are often utilized for visitations or are placed in homes or facilities "...to provide therapeutic benefits" (ADI). In addition, “Federal laws have no provisions for people to be accompanied by therapy animals in places of public accommodation that have 'no pets' policies. Therapy animals usually are not service animals” (Delta). This may include emotional support animals who are not trained as service animals.

Nonetheless, regarding matters of housing, "The Fair Housing Act (42 U.S.C.  3604(f)(3)(B)) prohibits discrimination against a renter or buyer on the basis of disability. Discrimination includes a refusal to make reasonable accommodations in rules, policies, practices, or services, when those accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a place of residence. While the Fair Housing Act and the regulations issued by the Department of Housing and Urban Development do not specifically address service animals, it is likely that the Act would at times require that service animals be allowed in a housing facility in order to afford a disabled individual fair use and enjoyment of the facility" (Dunne).

Thus, in the light of housing issues with people with verifiable disabilities, “... [The Fair Housing Amendment Act and the ADA] protect the right of people with disabilities to keep emotional support animals, even when a landlord's policy explicitly prohibits pets…. In most housing complexes, so long as the tenant has a letter or prescription from an appropriate professional, such as a therapist or physician, and meets the definition of a person with a disability, he or she is entitled to a reasonable accommodation that would allow an emotional support animal in the apartment" (BCMHL).

There can be some confusion on whether an animal that assists those living with invisible disabilities such as chronic illness, injury, pain and mental disorders is a service animal or more like an emotional support or therapy animal. Some argue that these animals are not performing a physical task for someone with a physical disability (such as those who use a wheelchair, walker or cane). However, "The current CFR [Code of Federal Regulations] definition of Service Animal states that a Service Animal is, '…individually trained to do work or perform tasks for the benefit of an individual with a disability…." (PSDS, FAQ). Furthermore, physical or mental impairments that are substantially limiting are included in the ADA's definition of a disability.

For those living with disabling illness and injury, a service animal can make a vast difference in their quality of life. Such symptoms as extreme pain, fatigue, dizziness, blurred vision and cognitive impairments can be quite debilitating and limiting on one’s mobility, memory and other cognitive functions. These service animals can perform helpful physical tasks such as retrieving items, picking things up off the floor, reminding a person to take their medicine, helping with balance and more.

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In addition, there are many people whose lives are changed by service animals that are trained to alert a person of a physiological response. Case in point: Service animals that alert the owner they are about to have a seizure or for diabetics that their blood sugar is dropping. You may have even read about Belle the beagle. She dialed 9-1-1 after her diabetic owner, Kevin Weaver, had a seizure and collapsed. He believes if he would not be alive today if it were not for Belle (AP).

In similar ways, a Psychiatric Service Dog (PSD) can assist a person with their physiological responses, as well as their physical needs. For example: For someone with a mental disorder, a PSD can alert  the handler to an incipient manic episode, anxiety or panic attack, as well as alert the owner to aggressive driving and insomnia. He can also assist the owner with confidence in leaving the home or exiting a situation that is causing a rise in anxiety, panic, distress and/or fear. What's more, he may help the handler with physical tasks such as reminding the person to take their medication, assisting them with finding their keys or the telephone, turning on lights to safety check a room and nudging them to wake them up (PSDS, Tasks).

The Psychiatric Service Dog Society advises anyone obtaining a PSD should get a letter from their doctor. Their advice probably holds true for all service animal owners, especially those living with other types invisible disabilities. "This letter should be kept on file, in case you end up in court regarding your service dog, need to request ‘reasonable accommodation’ in the workplace, or a waiver of the ‘no pets’ rule at your apartment complex, etc." (PSDS, FAQ). However, they advise against using this letter to gain access to public places, because business owners should not be mislead into believing such proof is required.

The bottom line is that the dog owner must have a legitimate disability and "To be considered a service dog, the dog must be trained to perform tasks directly related to the person's disability" (Delta). All the same, we are not attempting to interpret the law regarding who qualifies and who does not. That must be done by a legal authority and would be based on each individual case. Moreover, as the PSDS states, "Interpretation of this regulation by the courts will derive from service animal case law, not service dog websites" (PSDS, FAQ).

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RESOURCES:

Guide Horse Photos: Courtesy of The Guide Horse Foundation www.GuideHorse.org

Labrador Service Dog Photo: Courtesy of the Psychiatric Service Dog Society www.PsychDog.org

(ADI). “Minimum Standards for Training Social and Facility Dogs.” Assistance Dogs International, Inc: www.adionline.org/Standards/SocialFacilityStand.html (Accessed October 26, 2006).

(AP). "Belle the Beagle Honored for Saving the Day." The Associated Press: www.wjla.com/news/stories/0606/337357.html

(BCMHL). “Fair Housing Information Sheet # 6. Right to Emotional Support Animals in ‘No Pet’ Housing.” Bazelon Center for Mental Health Law: www.bazelon.org/issues/housing/infosheets/fhinfosheet6.html

(Delta). “Basic Information About Service Dogs.” Delta Society: www.deltasociety.org/ServiceInformationBasic.htm (Accessed October 26, 2006).

Dunne, John R. "Letter to Senator Cohen." United Stated Department of Justice: www.usdoj.gov/crt/foia/tal151.txt

(PSDS). "Frequently Asked Questions." Psychiatric Service Dog Society: www.psychdog.org/faq.html (Accessed 10/26/06).

(PSDS). "Psychiatric Service Dog Tasks." Psychiatric Service Dog Society: www.psychdog.org/tasks.html (Accessed 10/26/06).

(USDOJ). "Commonly Asked Questions About Service Animals In Places of Business." United States Department of Justice: www.usdoj.gov/crt/ada/animal.htm (Accessed 10/26/2006).

(USEEOC) "The Americans with Disabilities Act of 1990, Titles I and V." U.S. Equal Employment Opportunity Commission: www.eeoc.gov/policy/ada.html (Accessed 10/26/06).

Disclaimer: IDA is not a legal or medical authority, nor expert. Information contained in this website should NOT be construed as legal advice, interpretation of rights or medical advice! Please contact a legal authority for professional advice, interpretation of law and information on legal rights. Please contact a doctor for medical advice. IDA, nor any of its affiliates can be held responsible for information given on their site, in their articles or content of websites linked.

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A Guide to Understanding and Encouraging People Living With Chronic Illness and Pain

 

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