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Service Animal
Awareness
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 What
Makes An Animal
More Than Just A Pet?
Service Animals Assist People with Many Types
of Disabilities
Copyright
© 2004-2006 The Invisible
Disabilities Advocate
www.InvisibleDisabilities.org
READ ONLY: DO
NOT
COPY OR PRINT THIS ARTICLE. ORDER
BELOW.
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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Many
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.
READ ONLY: DO
NOT
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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).
------------------------------------------------------------------------------------
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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"What
Makes An Animal More Than Just A Pet?" Copyright
© 2006 The
Invisible Disabilities Advocate:
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