Service Animals in Places That Are Open to the Public

Total Page:16

File Type:pdf, Size:1020Kb

Service Animals in Places That Are Open to the Public Resources MASSACHUSETTS This publication provides OFFICE ON DISABILITY succinct guidance on service animals in places that are open to the public. “Full and equal participation in all aspects of life by Further reading from the persons with disabilities” U.S. Department of Justice: ADA Requirements, Service Animals Service Animals https://www.ada.gov/ and service_animals_2010.htm Public Accommodations Frequently Asked Questions in Massachusetts about Service Animals and the ADA MASSACHUSETTS https://www.ada.gov/ OFFICE ON DISABILITY regs2010/ service_animal_qa.html ADA Business BRIEF: Massachusetts Service Animals Office on Disability https://www.ada.gov/ One Ashburton Place svcanimb.htm Room 1305 Boston, MA 02148 Phone: 617-727-7440 Fax: 617-727-0965 Web: mass.gov/mod Tel: 617-727-7440 @MassDisability Charles D. Baker, Governor Karyn E. Polito, Lieutenant Governor blog.mass.gov/mod David D’Arcangelo, Director What is a service animal? What about “certification”? Rights & Responsibilities Only dogs meet the definition Service animals are not Service animals: of service animal under the required to possess any Americans with Disabilities Act certification or identification, nor Are permitted to go (ADA) with the exception of are service animals required to wherever their handler is miniature horses. sport a particular vest or badge. permitted to go. Although there are rigorous, Are allowed even if others A service animal is a dog or formal service animal training have fears of or allergies to miniature horse that has been programs, Americans with dogs. disabilities have the right to individually trained to train their animal themselves. Must be under the handler’s perform a task or service to control at all times. In most assist a person with a An individual with a disability cases this means on a disability. accompanied by a service harness or leash. animal may not be asked to Examples of services: Guiding provide documentation of a Must be housebroken. a person who is blind, alerting disability, to answer questions a person who is deaf, regarding his or her disability, May not pose a legitimate, interrupting a compulsive or to have the service animal direct threat to health or behavior, retrieving objects, demonstrate its work. safety. etc. Only when the individual’s Do not have to be allowed to Animals whose sole function is disability is not obvious, staff sit on furniture meant for to provide comfort or emotional may ask the following two patrons or to eat from plates support are not service questions: provided by a food service animals but may have to be establishment. allowed in the housing context. 1. Is the animal a service animal required because of a In Massachusetts, service disability? animals in training have the same status as fully trained 2. What task or service is the service animals. animal trained to perform? The law requires staff to take the individual at their word. .
Recommended publications
  • Effects of Psychiatric Service Dogs on Quality of Life and Relationship Functioning in Military-Connected Couples
    Military Behavioral Health ISSN: (Print) (Online) Journal homepage: https://www.tandfonline.com/loi/umbh20 “A Part of Our Family”? Effects of Psychiatric Service Dogs on Quality of Life and Relationship Functioning in Military-Connected Couples Christine E. McCall , Kerri E. Rodriguez , Shelley M. MacDermid Wadsworth , Laura A. Meis & Marguerite E. O’Haire To cite this article: Christine E. McCall , Kerri E. Rodriguez , Shelley M. MacDermid Wadsworth , Laura A. Meis & Marguerite E. O’Haire (2020): “A Part of Our Family”? Effects of Psychiatric Service Dogs on Quality of Life and Relationship Functioning in Military-Connected Couples, Military Behavioral Health, DOI: 10.1080/21635781.2020.1825243 To link to this article: https://doi.org/10.1080/21635781.2020.1825243 Published online: 14 Oct 2020. Submit your article to this journal Article views: 39 View related articles View Crossmark data Full Terms & Conditions of access and use can be found at https://www.tandfonline.com/action/journalInformation?journalCode=umbh20 MILITARY BEHAVIORAL HEALTH https://doi.org/10.1080/21635781.2020.1825243 “ ” A Part of Our Family ? Effects of Psychiatric Service Dogs on Quality of Life and Relationship Functioning in Military-Connected Couples a b à a c Christine E. McCall , Kerri E. Rodriguez , Shelley M. MacDermid Wadsworth , Laura A. Meis , and b Marguerite E. O’Haire a Military Family Research Institute, Department of Human Development and Family Studies, College of Health and Human Sciences, b Purdue University, West Lafayette, Indiana; Center for the Human-Animal Bond, Department of Comparative Pathobiology, College c of Veterinary Medicine, Purdue University, West Lafayette, Indiana; Center for Care Delivery & Outcomes Research, Minneapolis VA Health Care System, Department of Medicine, University of Minnesota Medical School, Minneapolis, Minnesota ABSTRACT KEYWORDS Posttraumatic stress disorder (PTSD) can have corrosive impacts on family relationships and Posttraumatic stress individual functioning.
    [Show full text]
  • Aavmc Guidelines for Service Animal Access to Veterinary Teaching Facilities
    AAVMC POLICY GUIDELINE activities of normal living. The Americans with Disabilities Act AAVMC GUIDELINES (ADA) defines service animals as any “dog or miniature horse FOR SERVICE ANIMAL individually trained to do work or perform tasks directly related to the partner’s disability, including, but not limited to, guiding ACCESS TO VETERINARY individuals with impaired vision, alerting individuals who are hearing impaired to intruders or sounds, providing non-violent TEACHING FACILITIES protection or rescue work, pulling a wheelchair, fetching dropped items, assisting an individual during a seizure, alerting August 2, 2019 individuals to the presence of allergens, or helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.” If an animal meets this definition, it is considered a service animal regardless of whether it has undergone formal training and INTRODUCTION AND certification or has been licensed or certified by a state or local SERVICE DOG DEFINITIONS government. The term psychiatric service dog is sometimes Introduction Hospital staff and students in the teaching hospital may not Because definitions of service animals be well informed about service animals and their legal status, and the benefits they provide to persons with disabilities. and emotional support animals are Because definitions of service animals and emotional support animals are not well understood by many, and the systems for not well understood by many, and the identifying and training service animals are not standardized or codified, society will often look to veterinarians for assistance systems for identifying and training with issues in this arena. Veterinary students and staff of veterinary teaching facilities should be well informed of the service animals are not standardized definitions of a service animal and emotional support animal and the legal differences between them.
    [Show full text]
  • 2017 Ada Update on Service Animal Rules
    2017 ADA UPDATE ON SERVICE ANIMAL RULES The California Hotel & Lodging Association receives many questions regarding the rights and obligations of lodging establishments with respect to service animals. This document contains CHLA’s updated discussion of this topic. First, there has been a significant change regarding California law related to service animals. This change, which is discussed below, will make it easier for lodging operators to deal with guests who claim that their pets are service animals. Here are the basics of California law as it relates to service animals: • There was a time when the California Department of Fair Employment and Housing, which administers California’s Fair Employment and Housing Act (Act), took the position that the Act applied to the lodging industry. At that time, there was concern that lodging operators would have to comply with the more stringent requirements of the Act: (1) it is not limited to dogs— depending on the circumstances, the FEHA protects other types of animals and treats them as service animals; and (2) it provides protections for people who use “comfort” and “companion” animals. Contrary to the Department’s earlier position, however, CHLA was recently advised that the Act only applies to homes, condos, and apartments, and that it does not apply to hotels! • It is important for lodging operators to bear in mind that although the 2011 revisions to the ADA rules regarding service animals expressly state that (1) only dogs qualify as service animals,1 and that (2) “comfort” and “companion” dogs are not service animals,2 if a local jurisdiction in California has broader, more stringent rules than the ADA, the local rules must be complied with.
    [Show full text]
  • The Guardian, March 5, 2008
    Wright State University CORE Scholar The Guardian Student Newspaper Student Activities 3-5-2008 The Guardian, March 5, 2008 Wright State University Student Body Follow this and additional works at: https://corescholar.libraries.wright.edu/guardian Part of the Mass Communication Commons Repository Citation Wright State University Student Body (2008). The Guardian, March 5, 2008. : Wright State University. This Newspaper is brought to you for free and open access by the Student Activities at CORE Scholar. It has been accepted for inclusion in The Guardian Student Newspaper by an authorized administrator of CORE Scholar. For more information, please contact [email protected]. R G T STATE UN VER ITY'S AMPUS NEWSP PER 3640 Colonel Glenn Hwy. 014 Student Union, Dayton, OH 45435 I Issue No. 1 9 Vol. 44 A SMA All-American Newspaper AFTER THREE STRAIGHT LOSSES, WRIGHT STATE REBOUNDS WITH A TOURNAMENT WIN wsu OVER DETROIT: 60-37 . 2 ..... ~ ................... IH.~.. ~.~~RP.JA.~.. .1 .. W~QD~~.99.Y.,.Mg~~.~, ..f.9.Q~ ............................................................................... :.................................................................................................................................................................. Editor-In-Chief Inside Nikki Ferrell Manag ng Editor News Mailinh Nguyen Grad runs for office ...5 News Editor Chelsey Levingston Matt Niesenoff runs unopposed Assistant News Editor in primaries Tiffany Johnson News Writers Opinions Amber Riippa Adam Feuer, Generational gap ....8 February 23 - An officer an address for the other male student. John Sylva Older and younger voters patrolling University Park observed The female and her boyfriend were Cliff Morrissey disagree on the issues. suspicious behavior from two male cited for underage drinking· the other CopyE tudent and one female student; one male was cited for underage drink­ Emily Crawford male student walked away while the ing, di orderly conduct and falsifica­ ports Editor Features other two remained when the officer tion.
    [Show full text]
  • Everything You Need to Know About Animals on Campus
    A Dog Walks into a Bar … WARNING: This is not a joke – everything you need to know about animals on campus September 20, 2018, 1:45-2:45 p.m. SPEAKERS Ashley Palermo, J.D. Assistant General Counsel, UT System, Office of General Counsel Kerry S. Tate, M.S. Director, Office of Student AccessAbility, The University of Texas at Dallas Susan L. Wheeler, J.D. University Counsel & Sr. Assistant AG, James Madison University, Harrisonburg, Virginia 2 3 WHAT ANIMALS ARE ON CAMPUS? Service Animals Service animals in training Assistance Animals Therapy Animals Emotional Support Animals Comfort Animals 4 THAT’S NOT ALL! Pets & Other Animals Lab animals Mascots Wild or feral animals Law enforcement animals Search and rescue dogs Domestic animals for classes & events Veterinary schools Clinical Therapy Animals 5 DISABILITY STATUTES • Americans with Disabilities Act, ADA Amendments Act • Section 504, Rehabilitation Act • Fair Housing Act • State laws and regulations • Municipal codes, ordinances (apply to owner, not to public university) 6 HOT TOPICS 1. Adequacy of documentation for assistance animals 2. Owners’ claims that assistance animals are service animals 3. Presence of service animals in health care settings 4. Requests for multiple assistance animals 5. Therapy animals outside of clinical settings 6. State laws regarding prohibitions on private ownership of some animals 7. Requests for assistance animals in employment setting 8. Animal misconduct and continuation of accommodations 7 ADA RULES ON SERVICE ANIMALS Who: Individual with disability Where: Everywhere handler is allowed (with exceptions) When: Whenever area or facility is open to handler What: Only trained dogs and miniature horses How do we identify: Limited to 2 Questions 1.
    [Show full text]
  • ADA Service Animal Policy and Procedures
    Ciryof GreeleColorado Americans with Disabilities Act Service Animals Policy and Procedures City of Greeley ADA Coordinator: Joel Hemesath Director of Public Works 1001 9th Avenue Greeley, CO 80631 (970) 350-9795 [email protected] Service Animals Policy Purpose: The City of Greeley does not discriminate against qualifiedindividuals on the basis of disability in the City's programs, activities or employment practices, in accordance with the Americans with Disabilities Act of 1990 (ADA), as amended, and applicable Colorado law, specifically C.R.S. § 24-34-801, et seq. Objectives: The City welcomes the use of service animals by members of the public with disabilities, when it is needed a-;reasonable modificationf or participation in the programs, services, and activities that the City offers to the public consistent with the rules provided in ADA Titles II and fII ancl Colorado Jaw. The City welcomes qualified individuals accompanied by their service animals at any place of employment, housing or public accommodation, any public transportation service, and any other place open to the public. This invitation extends equally to service animals in training and their handlers. The City welcomes service animals-in-training and their handlers as well. The City will consider the potential fora qualified individual with a disability to use a service animal as a reasonable accommodation with respect to employment opportunities with the City when appropriate within the rules of the ADA and Colorado law. Definitions: "Do work or perform tasks" means that the service animal must be trained to take a specific action when needed to assist the person with a disability.
    [Show full text]
  • SERVICE ANIMALS and the LAW Christine Platter Disability Support Services Coordinator AMERICANS with DISABILITIES ACT (ADA)
    SERVICE ANIMALS AND THE LAW Christine Platter Disability Support Services Coordinator AMERICANS WITH DISABILITIES ACT (ADA) • Title I- Employment • Title II- State and Local Governments • Title III- Public Accommodations • Title IV- Telecommunications • Title V- Miscellaneous provisions. • Service and Therapy animals are treated differently under different titles. CURRENT STANDARDS • The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, clarify and refine issues that have arisen over the past 20 years and contain new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards). WHAT IS A SERVICE ANIMAL? • 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. NOT A SERVICE ANIMAL • Under the new regulations, the definition of service animal now includes a specific list of animals that are excluded, even if they are service animals under the old laws.
    [Show full text]
  • Service Animal Policy
    SERVICE ANIMALS AND PETS Service animals are welcome aboard SLO Transit vehicles. A service animal is any guide dog, or other animal trained to perform tasks for an individual with a disability. Service animals are not pets. They are working animals that are specially trained to provide assistance. To travel on a SLO Transit vehicle, a service animal must: • Be on a leash or in a container, be under its person’s control and behave appropriately • Remain at its person’s feet or on their lap, but may not sit on a vehicle seat • Birds, reptiles, amphibians and rodents must be kept within an enclosed carrier or container • Not show aggressive tendencies towards people or other animals Under control and well behaved are the defining characteristics. The care and supervision of a service animal is solely the responsibility of its owner. In addition, customers traveling with animals are subject to the same general rules that apply to all passengers; i.e., any damage or soiling caused by the animal is the responsibility of the customer. If an animal is not under control or if its behavior is disruptive or menacing, SLO Transit can refuse service or ask the person and animal to exit the vehicle. Service animals must be kept under physical restraint by the owner at all times. Service animals that are disruptive, threatening or intimidating will be handled in a case-by-case discipline process. Pets are not allowed on SLO transit unless they are small and can be transported in a suitable pet carrier that can be placed on your lap.
    [Show full text]
  • Service Animals and Emotional Support Animals Where Are They Allowed and Under What Conditions? Foreword
    Service Animals and Emotional Support Animals Where are they allowed and under what conditions? Foreword This manual is dedicated to Pax, a devoted guide dog, and to all the handler and dog teams working together across the nation. Guide dogs make it possible for their handlers to travel safely with independence, freedom and dignity. Guide dogs perform many tasks that enable their handlers to live independently in the community. Pax has guided his handler faithfully for almost ten years. Together they have negotiated countless busy intersections and safely traveled the streets of many cities, large and small. His skillful guiding has kept his handler from injury on more than one occasion. He has accompanied his handler to meetings, restaurants, theaters, and social functions where he conducted himself as would any highly trained guide dog. Pax is a seasoned traveler and was the first dog to fly in the cabin of a domestic aircraft to Great Britain, a country that had previously barred service animals without extended quarantine. Pax was born in the kennels of The Seeing Eye in the beautiful Washington Valley of New Jersey in March, 2000. He lived with a puppy-raiser family for almost a year where he learned basic obedience and was exposed to the sights and sounds of community life—the same experiences he would soon face as a guide dog. He then went through four months of intensive training where he learned how to guide and ensure the safety of the person with whom he would be matched. In November, 2001 he was matched with his handler and they have worked as a team since then.
    [Show full text]
  • HB 512, 2019 Session – Relative to Dogs on Hiking Trails in State Parks and State Forests
    HB 512, 2019 Session – relative to dogs on hiking trails in state parks and state forests. Attachment: DNCR administrative rules, Res 7301.08 Animals & Res 7800 Fines CHAPTER Res 7300 PARKS AND RECREATION Statutory Authority: RSA 12-A:2-c, I, II, III and IV, RSA 215-A:3-b, I, RSA 215-C:3-a, I, and RSA 227-G:4, I. PART Res 7301 RULES RELATING TO ALL PARKS AND DRED PROPERTIES Res 7301.08 Animals. (a) For purposes of this section, “animal” means any domestic animal kept for pleasure, comfort or both rather than utility, including but not limited to dogs and cats, and animals traditionally associated with agriculture such as cattle, sheep, goats, llamas and alpacas, or swine, and wildlife raised in captivity, but excluding equines and animals used for utility covered in Res 7301.09. (b) Service animals, including animals used for detection and search and rescue training and operations, shall be exempt from all prohibitions in this section unless stated otherwise. (c) Animals shall be permitted on a DRED property unless temporarily prohibited or restricted to public use by posting under Res 7301.07, or prohibited or restricted to animals under: (1) Res 7301.08 (d), where animals shall be permitted only in certain areas during the operating season; (2) Res 7301.08 (e), where animals shall be prohibited in certain areas during the operating season; (3) Res 7301.08 (f), where animals shall be permitted where normally prohibited under (d) and (e) after seasonal property closings and prior to seasonal property openings, except for certain restrictions at Hampton Beach state park; or (4) Res 7301.08 (g), where animals shall be prohibited year round.
    [Show full text]
  • Service Animal Frequently Asked Questions (Faqs)
    Service Animal Frequently Asked Questions (FAQs) These FAQs are a general guide for those with questions about the Americans with Disabilities Act (ADA) and Michigan service animal legislation. For specific questions or further information, please call the State of Michigan ADA Compliance Office at 517-335-1565 or e-mail [email protected]. Q. What is a service animal? A: The ADA defines a service animal as a guide dog, signal dog, or other animal individually trained to provide assistance to a person 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 state or local government. Service animals perform some of the functions and tasks that the person with a disability cannot perform for him or herself. Guide dogs are one type of service animal, used by some people who are blind. This is the type of service animal with which most people are familiar. Service animals also help people with other kinds of disabilities in their daily activities. Some examples include: • Alerting persons with hearing disabilities to sounds. • Pulling wheelchairs or carrying and picking up things for persons with mobility disabilities. • Assisting persons with mobility disabilities with balance. A service animal is not a pet. Q. I have a comfort animal, an emotional support animal or a therapy dog. Isn’t that a service animal? A: No, it is not. Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA.
    [Show full text]
  • Animal Accommodation Law Handbook Updated for 2021
    Animal Accommodation Law Handbook Updated for 2021 By Eleanor Wetzel Confusion abounds about the different types of animals that assist individuals—such as Service Animals, Therapy Animals, and Emotional Support Animals—and where they may be allowed public access. This document provides an overview of the different categories of animals that support humans and the applicable federal laws concerning public access, housing, and transportation as well as briefly touching on school and employment accommodations. This handbook intends to empower businesses and individuals to aid in preventing service animal fraud while complying with anti- discrimination legislation, with the ultimate goal of ensuring continued access for individuals with disabilities. Part I Explains the differences between the animal categories Part II Summarizes the federal law applicable to each category of animal in the context of public access rights granted by the Americans with Disabilities Act and reasonable accommodation requests for housing and employment settings Part III Discusses therapy dogs in courts and risk considerations for entities contemplating therapy animal programs No part of this document may be reproduced without the author’s express permission. INTRODUCTION: What Is a Service Animal? FIVE KEY POINTS I. ANIMAL CATEGORIES A. Types of Animals / Terminology 1. Pet 2. Service / Assistance Animals 3. Emotional Support Animals (ESAs) / “Support Animals” (as defined by HUD) 4. Therapy Animals 5. Facility Animals 6. Crisis Response Dogs / “Comfort Dogs” (as defined by FEMA) B. Definition(s) of “Service Animal” as Applied by Federal Administrative Agencies II. ANIMAL ACCOMMODATION LAW A. Public Accommodations and the Americans with Disabilities Act B. Fair Housing and Assistance Animal Accommodations C.
    [Show full text]