October is National Service Dog Month

Service dogs provide a valuable service to individuals with disabilities. They give the gift of independence, hope, and assistance to their clients that is often life-changing. This month celebrates the impact that service dogs provide and the incredible ways these dogs make a difference in the lives of people with disabilities.

Service dogs have been around for a long time, but it wasn’t until after World War I that dogs were taught to assist the soldiers blinded by mustard gas. In the 1920’s, thousands of German Shepherds were trained in an extensive program where they were trained to become guide dogs to lead people who are blind. The first guide dog foundation started in 1945.

Decades later people began to realize that dogs could alert to a variety of issues, thus assisting people with other disabilities. Whether it was a baby crying from another room that a deaf person couldn’t hear or alerting in advance to someone who was having a seizure, people began to see the incredible things dogs could do. In 1990, the first federal law involving service dogs was enacted under the American Disabilities Act, which protected service dogs and their handlers. However, as the use of service animals grew, people began to abuse this law, and the use of fake service animals rose.

Changes to the ADA were necessary and beginning on March 15, 2011, only dogs are recognized as service animals and are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Some exceptions and regulations apply to the use of miniature horses.

What is the definition of a service dog?

Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties.

Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

In a public place when they see someone with a service dog, the business may ask two questions:

(1) Is the dog a service animal required because of a disability?

(2) What work or task has the dog been trained to perform?

Where can service dogs go?

The ADA enforces a national mandate that requires businesses and organizations that are open to the public, as well as states and governments, to generally allow service animals where the public can go. This includes public access in establishments that have a “no pets” policy, such as schools, restaurants, hospitals, grocery stores, hotels, and more.

ADA protections also extend to employment of those with service animals and in certain housing situations.

Service dogs are not the same as emotional support animals, therapy animals, skilled companions, or pets.

Protected under the ADA:

· A service dog is task-trained to perform one or more specific behaviors that assist someone with their disability directly. Examples of service dogs may include PTSD assist dogs, mobility assist dogs, autism assist dogs, medical alert dogs, guide dogs for the blind and visually impaired, and hearing dogs for the deaf and hard of hearing. Service dogs are protected under the ADA and have public access rights, meaning they are legally allowed into public establishments, even if there is a “no pet” policy.

Not protected under the ADA:

· An emotional support animal (ESA) is a pet who provides comfort, support, and companionship to a person with a mental health condition. Prescribed by a mental health professional and deemed necessary for a person’s well-being and recovery, ESAs are not protected by the ADA and do not have public access rights, meaning they are not permitted in establishments that aren’t pet friendly.

· A therapy dog is a pet who is certified to provide therapeutic comfort and affection to others, such as in hospitals, law enforcement offices, schools, clinical therapy offices, and more. They do not have public access rights and are not protected by the ADA, although they may receive special clearances to provide therapy services in establishments where pet dogs may not be allowed to go.

· A skilled companion dog may vary in the amount of advanced training they have received, but their main purpose is to provide comfort and companionship to an individual or family. They are not protected under the ADA and do not have public access rights.

Businesses cannot ask about the person’s disability, require medical documentation, require a special identification card, or training or certification documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.

Other things to know about service dogs:

· The ADA does not require service animals to wear a vest, ID tag, or specific harness.

· The ADA does not restrict the type of dog breeds that can be service animals.

· Mandatory registration of service animals is not permissible under the ADA. However, service animals are subject to the same licensing and vaccination rules that are applied to all dogs.

· Hotels cannot charge a pet fee or cleaning fee for service animals.

· Service dogs are not required to be professionally trained. For more information about the ADA, visit ADA.gov.