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SERVICE ANIMALS

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Fiscal Year 2012
It’s all about DOGS!!!
 What questions can/can’t be asked & what
boundaries can be set?
пЃЅ What about miniature horses?
пЃЅ What about other animals?
пЃЅ Are housing or airplane laws
different?
пЃЅ
2
1.
Only dogs will be recognized as service animals.
2.
Service animals are required to be leashed or harnessed
except when performing work or tasks where such tethering
would interfere with the dog's ability to perform.
3.
Service animals are exempt from breed bans as well as size
and weight limitations.
4.
Businesses are generally required to accommodate the use
of miniature horses under specific conditions, though they
are not considered service animals.
пЃЅ
Effective March 15, 2011, “Service animal means
any dog that is individually trained to do work or
perform tasks for the benefit of an individual
with a disability, including a physical, sensory,
psychiatric, intellectual, or other mental
disability. Other species of animals, whether wild
or domestic, trained or untrained, are not service
animals for the purposes of this definition. The
work or tasks performed by a service animal
must be directly related to the handler’s
disability.
пЃЅ Tasks can be for people with physical, sensory,
psychiatric, intellectual, or mental disabilities.
пЃЅ Assist during seizure.
пЃЅ Retrieve medicine or other
items.
пЃЅ Help individual with
dissociative identity disorder
to remain grounded.
пЃЅ Prevent/interrupt impulsive
or destructive behavior.
пЃЅ Assist with balance, stability.
пЃЅ Provide non-violent protection
or rescue work.
5
пЃЅ
Only two permissible inquiries:
 Is this a service animal required because
of disability?
 What work or tasks is the animal trained
to perform?
6
пЃЅ
Can’t ask about
disability.
пЃЅ
Can’t request
documentation (no
formal training or
certification required).
пЃЅ
Can’t ask for additional
payment (no surcharges).
пЃЅ
Can’t exclude from most
healthcare settings
(except operating rooms
and burn units).
пЃЅ
Dogs whose sole function is “the provision of emotional
support, well-being, comfort, or companionship” are
not considered service dogs under the ADA.
пЃЅ
The use of service dogs for psychiatric and neurological
disabilities is explicitly protected under the ADA.
пЃЅ
“The crime deterrent effects of an animal's presence” do
not qualify that animal as a service animal and “an
animal individually trained to provide aggressive
protection, such as an attack dog, is not appropriately
considered a service animal.”
пЃЅ
Public accommodations/entities still required to allow
handler even if animal is excluded.
8
пЃЅ
Unless the animal is individually trained to do something that
qualifies as work or a task, the animal is a pet or support animal and
does not qualify for coverage as a service animal. A pet or support
animal may discern that the handler is in distress, but it is what the
animal is trained to do in response to this awareness that
distinguishes a service animal from an observant pet or support
animal.
пЃЅ
DOJ states “that an animal that is trained to �ground’ a person with a
psychiatric disorder does work or performs a task that would qualify
it as a service animal as compared to an untrained emotional
support animal whose presence affects a person’s disability. It is
the fact that the animal is trained to respond to the individual’s
needs that distinguishes an animal as a service animal. “
пЃЅ
According to the DOJ, “the process must have two steps: Recognition
and response. If a service animal senses that a person is about to
have a psychiatric episode and it is trained to respond, for example,
by nudging, barking, or removing the individual to a safe location
until the episode subsides, then the animal has indeed performed a
task or done work on behalf of the individual with the disability, as
opposed to merely sensing an event.”
пЃЅ
Tasks performed by psychiatric service animals may include
reminding the handler to take medicine, providing safety checks or
room searches for persons with PTSD, interrupting self-mutilation,
and removing disoriented individuals from dangerous situations.
пЃЅ
Remember the difference between an emotional support animal
and a psychiatric service animal is the work or tasks that the
animal performs.
пЃЅ
The animal is out of control and the animalВґs
handler does not take effective action to control
it, or
пЃЅ
The animal is not housebroken.
 Public accommodation/entity is not responsible
for care or supervision of a service animal.
11
пЃЅ
Allowed if:
 Reasonable
 Individually trained
 Make reasonable
modifications to permit
if appropriate
12
пЃЅ
Use assessment factors:
 Type, size, weight (whether facility can
accommodate)
 Handler’s control
 Whether housebroken
 Legitimate safety requirements of specific facility
13
пЃЅ
Many service animal provisions also apply:
 Admit individual without animal
 Care and supervision
 No surcharges
пЃЅ
Other laws may apply
14
пЃЅ
DOJ “has decided to make clear that all wild
animals, whether born or bred in captivity or in
the wild, are eliminated from coverage as
service animals.”
пЃЅ
DOJ “believes that this approach reduces risks to
health or safety attendant with wild animals. Some
animals, such as certain non-human primates,
including certain monkeys, pose a direct threat;
their behavior can be unpredictably aggressive and
violent without notice or provocation.”
пЃЅ Other laws or codes may call
for admission of animals:
Other than dogs
 That provide emotional support
or comfort

пЃЅ Examples



FHA (housing)
DOT (transportation)
State Law A.R.S. 11-1024
(see attached)
16
пЃЅ
пЃЅ
DOJ: ADA rules don’t affect
coverage of other animals
under other laws.
FHAA and Section 504 go
“beyond” ADA.
 Allow emotional support
animals.
 Allow more intrusive
questions.
пЃЅ
Air Carrier Access Act is
similar.
17
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