ISSUE #2-A
SERVICE ANIMALS
AUGUST 31ST, 2017

The world of service animals indeed has a broad scope. And it can seem confusing, after all there are many different issues involved. However, once you understand the basics, everything else falls into place! So, we'll start there, with the basics/legal stuff, and move on to the more complicated stuff in the next issue or two of THE PAWS-A-TIVE NOTE.

A person with a disability & a service animal have certain rights granted to them. It's important that people understand there are basic FEDERAL LAWS that govern these issues. In most instances it's very cut and dry, very clear and easy to understand. As well there are general guidelines you should follow when you encounter a handler (person) with a service animal.

I decided to explore this sooner rather than later, not only because it's an issue near and dear to my own heart, but because I recently had a couple of not so positive encounters. You see, I have a service dog myself! I know what a huge impact he has made in my life, and he is invaluable to me! He is very large, as he is a mobility assist service dog. And what we dealt with was completely wrong! It could have been completely avoided, had the business employees not been clueless as to what is proper & legal where service dogs are concerned and what is improper & illegal! But the clueless girl was only going on what her obviously misinformed BOSS had told her!

Most of the places I go with my boy are great, especially once they get to know him and see how fantastic he is! I consider him kind of an ambassador for service dogs. He's a magnet for adults and children alike, and I try to take a few minutes to talk with people. It's great for kids to meet him and I explain about him being a service dog, a good encounter for a child now will lead to better understanding down the road. I feel we have a duty to do this, but it's not always possible. And when it's not I explain why, so there is understanding.

To highlight an example of that very thing, my boy was recently very sick. I feed very high quality dog food, unfortunately we recently got some bad food. He was so sick that it took over a month for him to get over it all! When he was finally able to go out somewhere again, we did our usual trip to Wally World for shopping. He was on such sensory overload, it was very hard to keep him on task that evening, and I had to tell people I was sorry but that night I couldn't have any distractions. They all totally understood.

My hope with doing this, is several things:

1) If you are an individual who has thought about getting a service animal, but didn't know

where to begin or if your not sure if you qualify for one, that this new knowledge will

empower you.

2) If you don't have a service animal, hopefully this will help you to see the other side of

the coin and act appropriately when you encounter a handler/service animal.

3) If you are a business/employer..., you & your employees need to understand these

things, or you could open yourself up to lawsuits/criminal-civil charges!

I will of course welcome emails/questions/comments/phone calls...concerning this topic. I must state here, I AM NOT AN ATTORNEY/DOCTOR....what is provided here is for informational purposes only! If you have an issue, I urge you to seek the proper council to deal with your issue.

We are also available to come into your work place/business, club, school, whatever organization...to give in-services about it all.

We're going to start off with facts here. The federal laws pertaining to service animals can be found under the U.S. Department of Justice, civil rights/disability/ADA sections. I have printed off all of the COMEPLETE information from their website, just as you can. Much of what I will include here will come from it, and although I won't take bits & pieces out of context (as some do), I will try to explain in plain english. The federal laws enforced here are to ensure that every person has "equal footing". Just like ALL of our civil rights laws, they are to ensure that an individuals basic rights are not violated, that they are not discriminated against, & that people aren't taken advantage of.

There are many different animals that can serve functions for us. For this first part I am going to deal with SERVICE ANIMALS ONLY AS THEY ARE DEFINED BY THE ADA (Americans with Disabilities Act). (I MUST STATE HERE, I am in no way saying other animals and the purposes they serve aren't worthy, nor am I discriminating! But we must keep in mind this is the LEGAL DEFINITION as a basic starting point!)

As of March 15th, 2011, ONLY dogs are recognized as service animals by the ADA under titles II & III (We will discuss a special exception later). It also states, "A service animal is a dog that has been trained to perform work or tasks for a person with a disability". Further it states that "generally, title II & III entities MUST permit service animals to accompany people with disabilities in ALL AREAS where members of the general public are allowed to go".

Your probably thinking ok, but what does that all really mean? We all know our pets give us unconditional love & generally comfort us. So if you have a dog as a pet, does that mean it's a service dog? NO! Because first of all, a service dog is NEVER a pet. A service dog is ALWAYS first and foremost, a WORKING DOG! It also means the specific training the dog has must be related to the persons disability AND the person must have a disability that is medically/legally recognized (either physical or mental). AND it means the specific training/work/tasks of the dog must assist/help/alleviate/deter/ lessen... the effect & impact that person's disability has on their life and daily activities to enable them to live a fuller unhindered life.

So, to be clear here but in no way discriminating, "service animals" are restricted to ONLY dogs by legal definition. (We will discuss exceptions later)

So a dog that is a pet, for general companionship & comfort, emotional support, a therapy dog...is NOT a service dog. No matter how well trained in obedience or otherwise... Further to be clear here: a psychological support dog is a service dog, where as a general emotional support dog is NOT. To illustrate this, if just generally having your dog with you or it may lick you makes you feel better that is not a dog being SPECIFICALLY trained, so it doesn't qualify as a service dog. Now, say for example, that you have PTSD/ panic attacks. If that dog is SPECIFICALLY trained to recognize the signs of an oncoming attack, and takes specific actions to help the handler avert/lessen that attack...then it IS a service dog.

We will cover emotional/therapy... support animals in the next issue. Before I get a ton of disgruntled peeps yelling at me, let me be clear here! I am NOT saying a general emotional support dog (ESA)/ therapy animal isn't doing us a service or has no value! I am stating, at the current time, what the LEGAL definitions are! FROM A LEGAL STANDPOINT, THEY (a psychology support dog) DIFFER FROM A GENERAL EMOTIONAL SUPPORT DOG/ANIMAL BECAUSE THEY ARE SPECIFICALLY TRAINED TO RECOGNIZE/SENSE THE HANDLER'S STATUS & PERFORM SPECIFIC ACTIONS TO DETER/LESSEN THE ONCOMING PANIC ATTACK.

A psychology support dog is a type of emotional support dog. I think this is where some of the confusion comes into play. A PSD requires an RX/letter from a licensed qualified person to be valid too. Whereas, if you have a significant physical disability, an RX/letter is NOT generally required.

Now let's recap a few things. If a person has a physical handicap/disability or certain medical conditions or certain psychological conditions...that significantly impacts their life to the point that they are inhibited in some way or struggle to do the "normal" daily activities that a normal person could do, then that person has the right to have a service dog! You also do not generally need an RX/letter verifying the need for that service dog with certain exceptions. Exceptions would be psychological support, or for a pilot (guide) dog. If you're not found by a Dr's exam to qualify with your less than stellar eyesight to have a pilot dog, then you can't LEGALLY have one!

Now, let's say that you go to an agency/organization to get a trained dog. Can you just walk in and say "Hey I want a service dog". No, you can't. You will be required to fill out paperwork, give consent for healthcare providers to release information, undergo a background check, have a housing check... Is this person being discriminated against? NO! You must understand that years of time & thousands of dollars are invested in raising and training these service dogs. They have an obligation to properly care/train the dogs, to ensure they go to someone who needs them, to ensure the handler can continue that care/housing, AND to train the handler. Sometimes the handler requires help, many

times then a family member can be responsible to assist them.

Generally a person must be at least 12 years old to have a service dog (16 for pilot dog) AND they must demonstrate they can control it, work as a team with it, and care for it. If they can't, they either can't have a service dog or an adult family member would have to be responsible for it.

VERY IMPORTANT NOTES: Remember this is federal law.

1) Service dogs do NOT have to be professionally trained. You have the right to train your service dog yourself or have someone of your choosing train it. Making this choice will depend a lot on the intended work for the service dog. I personally would never try to train a pilot dog nor would I take one (if I needed one) from anywhere that didn't have a proven track record of training such a highly specialized service dog!

2) Service dogs "in training" are not given the same rights as a fully trained working service dog. Although I generally find if you have good relationships established with places, and they know you train the service dogs, they will allow you to bring them in. After all, the dogs can't get used to public places & learn how to behave if they aren't accustomed to them. Some state laws may further govern SA in training, allowing access too.

3) There is NO documentation/proof of certification/training/registration...required! And covered entities can NOT ASK FOR OR REQUIRE IT! Cities can NOT require mandatory licensing/registration as service dogs either. HOWEVER, they can require yearly licensing &/or rabies vaccination per standard local animal control & public health requirements provided all dogs must comply, just because it's a SD doesn't make it exempt. Many locales offer a voluntary registration for your SD. You may choose to participate as some either waive the licensing fees or reduce it. This is also a great way for local animal control/police/EMS to know ahead of time in case of an emergency!

IMPORTANT NOTE: There are individuals & organizations who sell service animal registration/certification/ID documents online. THEY ARE BOGUS! THESE PEOPLE ARE SIMPLY OUT TO MAKE MONEY! The documents they sell DO NOT convey any legal rights under the ADA, nor does The Department of Justice recognize them as proof that a dog is a service animal! Those of us who legitimately have a SD already know this!

4) ANY breed of dog can be a SD, provided they have the aptitude & training, of course some would be better suited for certain things than others. A tiny chihuahua wouldn't work very well for my mobility assist service dog! Even if a municipality/landlord/insurance company/hotel... has breed or size restrictions or bans pets entirely, service dogs are exempt from them! They may not charge deposits, higher fees, or a cleaning fee either!

IMPORTANT NOTE: UNDER THE "DIRECT THREAT" PROVISION OF THE ADA, local jurisdictions/landlords... Must determine on a case by case basis if a particular animal can be excluded based on that individual animal's behavior & history. They may NOT exclude an animal/breed because of fears or generalizations about how it may behave! Because somebody has an allergy/fear is also NOT a reason to exclude it!

So, that means if the service animal acts in a way that poses a direct/immediate threat to the health and safety of others (and the handler does not take effective measures to get it under control) or has a proven history of such behavior (perhaps it has been officially labeled a dangerous/viscous animal), then it CAN be excluded. This all does NOT apply if the animal has been provoked in some way!

5) Entities may NOT deny services/entry to a handler with a SD, and they can NOT restrict guests to designated areas or "pet friendly" rooms. Even though they can NOT charge higher fees/deposits or cleaning fees for a SD, if your SD causes damages you would be responsible for paying for those IF ALL guests have to pay for damages they are responsible for.

IMPORTANT NOTE: You may not leave your service dog unattended in your hotel/motel...room. If you leave the room you MUST take your SD with you! Your SD MUST be under your care & control, or someone you designate, at all times! The only exception is if your incapacitated! Should you be rendered, in an emergency, unable to then EMS/LAW ENFORCEMENT/ANIMAL CONTROL OR A GOOD SAMARITAN should attempt to take control of the SD if possible without being injured. However, every attempt should be made NOT to separate the SD from it's handler! A SD & it's handler are VERY CLOSELY BONDED! It will greatly stress the SD out to be separated from the handler! If there is room in the ambulance that is transporting the handler, the SD MUST BE ALLOWED TO RIDE IN IT, provided it will not hinder or pose a threat to the EMS persons! If the SD must be parted from it's handler (and somebody who can be VERIFIED as known to the handler isn't there to take control of it) then law enforcement or animal control should transport the SD to the hospital & make every attempt to reunite the SD & handler!

FURTHER: A healthcare facility MUST allow the SD to remain with the handler if at all possible! They must be allowed in patient rooms & ANYWHERE else the general public/visitors/patients can go, so long as it does NOT pose a threat to health & safety. An appropriate example to exclude would be an operating room. If the patient can't care for the SD, they can arrange for a family member or friend to come and do so. IF the patient is unable to care for the SD or make arrangements, the facility may make arrangements in a boarding/veterinary facility, or other appropriate arrangements. PLEASE NOTE THOUGH, IT IS NEVER OPTIMAL TO PLACE THE SD IN AN ANIMAL CONTROL FACILITY! The SD will be stressed out enough just being apart from the handler! At any rate, the healthcare facility MUST give the handler the opportunity BEFORE taking such steps!

6) Service animals are NOT REQUIRED to wear any identifying vest/id tag/harness/patches/collar... and remember it's NOT legal to ask for/require it! However, the handler may CHOOSE to so that people know it's a SD. Or for a pilot (guide) dog of course it would be wearing a special type of working harness. I personally CHOOSE to have identifying patches on my mobility assist SD harness/collar, so that people know what his work is.

7) VERY IMPORTANT: When a handler & SD enters a facility/establishment... ONLY 2 QUESTIONS ARE ALLOWED TO BE ASKED IF IT'S NOT OBVIOUS THAT THE SA is a service animal!

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

QUESTION #2) What work or tasks has the dog been trained to perform?

Owners/employees/staff may NEVER EVER ask to see any ID or documentation for the SA, nor can they ask for or require the SA to demonstrate skills or make any inquiry about the nature of the person's disability!

IF A COVERED ENTITY VIOLATES THESE FEDERAL LAWS, they can be subject to criminal prosecution at all levels of government as well as open themselves up to civil lawsuits!

It must also be noted, the laws specifically state that just because somebody has an allergy or fear of dogs, is NOT a valid reason to exclude them!

A person's SA must also generally be allowed at their place of employment with them. There are exceptions though. If you worked in a lab or clean manufacturing facility (say they make computer chips), it may not be appropriate in those certain areas due to the risk of dog hair or dander contaminating things. But if you were an office worker for the company, then it would be ok for you to have your SA with you.

I hope everybody can see where being properly informed will benefit you and your staff. And that being MIS-informed and not acting appropriately could be very detrimental!

So, to make sure people understand here are some examples of where service dogs must be allowed.

***Grocery stores, meat market...

***Shopping malls/Superstores such as Walmart, Home Dept, Office Max...

***Schools/learning institutions

****Health care facilities/Dr.'s offices, though they may be restricted from certain areas such as operating rooms.

***Businesses that serve food/Drinks, so this includes restaurants & bars

***Housing/apartment rentals, this includes visiting somebody there

***Temporary stay facilities such as hotels/motels/bed & breakfast...

***Most Federal/State/Local government facilities/offices/courts...

***Public beaches/parks/water parks, zoos...- even if dogs are prohibited. However, they may be restricted from certain areas.

***Work places of an employee, they may be restricted from certain areas though

***Public transportation such as buses, taxis, trains, planes (Airlines are covered by the Air Carrier Access Act though)

***Fairs/festivals/concerts/movie theaters

***Banks, libraries, beauty salons/barber shops

***Commercial/business rental spaces

This is by no means an all encompassing list, but it should give you an idea of the broad scope.

Now that we've covered all that, let's explore when/where a service dog could be excluded, and what isn't covered by the ADA.

1) The ADA does not require a covered entity to modify policies/practices/procedures if it would "FUNDAMENTALLY ALTER" the nature of the goods/services/programs/ or activities provided to the public. Nor does it overrule legitimate safety requirements. In addition, if a particular service animal is out of control AND the handler does not take effective actions to control it, or it isn't housebroken, then it may be excluded. However, it does require reasonable accommodations to be made.

So, you might be scratching your head again about now wondering what exactly does that all mean?

The ADA governs/requires title II (State & Local Government agencies/services) and title III (Public accommodations & commercial facilities), businesses & and most nonprofits...That provide services or goods to the public to comply.

It means in MOST settings the presence of a service animal will NOT result in a fundamental alteration. Examples:

A) Let's say you go to a boarding school, service dogs could be restricted from a certain area of a dormitory that is reserved for students with allergies to dog dander. But they must be allowed in all other areas.

B) Although you can take your service dog with you to a water park/public swimming pool/ or gym, it does NOT mean they can get into the water.

C) Let's say you go to a restaurant with your service dog. It is NOT ok to have a designated area of seating for service dogs only or to deny the handler/dog to be there/service just because somebody has a fear/allergy to dogs! It would be proper however, if somebody somebody had an allergy/fear to dogs, to seat the particular persons in different sections of the facility. And of course as a customer, you would not be allowed into the kitchen area, as the other customers aren't either. If you worked there though, you would be allowed to have your service dog with you! Your SD can accompany you through a buffet to get your food too.

D) Service animals may be restricted from areas of display at a zoo where those exhibited are the natural prey or predator of dogs, where the presence of the dog would be disruptive and causes the displayed animals to act aggressively or become agitated. They would not be restricted from other areas of the zoo where the public could go.

Moving on.

2) The ADA STATES If the service dog is not under the handler's control they may be asked to leave. But what exactly constitutes "under control"? This means the individual with the disability, or a third party with them, must have the dog leashed, harnessed, or tethered while in public areas unless these devices hinder the dog's work or the person's disability prevents the use of such equipment. In such cases, the handler must use voice, hand signal or other means to control it.

So let's show examples again.

A) A military veteran has PTSD and has great difficulty entering unfamiliar spaces. They may have a dog trained to enter and search the area, make sure there are no threats, and then come back & signal the handler all is clear. The dog would be off leash for the search, but would be leashed at other times.

B) Somebody is in a wheel chair. The service dog may help pull the wheel chair, so would be tethered to it. They may also be trained to retrieve items for the handler, they may or may not be leashed for this task depending on circumstances, when they are done they would again be leashed/tethered.

C) Under control means not barking repeatedly (unless provoked) in a lecture hall, library, movie theater... one or two barks is not being out of control. It means not acting in a threatening manner toward people/other animals without just cause.

D) Under control means without reason (illness...) the dog does not relieve itself inappropriately. Most service dogs are trained to potty on command only &/or only go in a designated area.

NOTE: Accidents do happen. When this may occur, remain calm. Do NOT yell at the handler or the dog! Trust me when I say they will be mortified enough if this happens! The handler should immediately secure the area, notify staff & clean it up themselves or ask for help from staff.

IF A SERVICE DOG IS NOT UNDER THE HANDLER'S CONTROL, AND THE HANDLER DOES NOT TAKE EFFECTIVE STEPS TO GET IT UNDER CONTROL, THEN STAFF MAY ASK THAT IT BE REMOVED. If this happens (which is rare) then the staff must still offer the goods/services to the handler.

E) When you take your service dog with you to a restaurant, they generally have to stay on the floor! They are not to be up on the seats or permitted to eat from the table! They may accompany you through the buffet line to get your food, but should NEVER put their face up near the food! If however, they are a seizure alert or diabetic alert dog, they may need to be closer to the handler's body. So they could then sit on the chair next to them or even be in a baby carry type of harness on the handler's chest area.

3) Religious institutions are exempt from the ADA, they may have state laws that govern them though, and I honestly can't imagine ANY place of worship would deny entry for a handler & a service dog.

4) The ADA applies to state and local government housing programs, such as public housing authorities and places of public accommodations like private & public universities. In addition, virtually ALL types of housing, both private & public, are covered by the Fair Housing Act. Under the FHA housing providers are REQUIRED to permit service animals & make reasonable accommodations for them! Emotional support animals (vs a "service dog") are also covered under the FHA & must also be allowed! We'll talk more on this in the next issue!

5) Federal agencies, such as the U.S. DEPARTMENT OF VETERANS AFFAIRS, are governed under section 504 of the REHABILITATION ACT OF 1973. It protects the rights of people with disabilities who participate in federal programs & services.

6) Commercial airlines must comply with the federal laws of THE AIR CARRIER ACCESS ACT.

7) Specific work conditions may exclude them. Say if you work in certain areas of a hospital. Or certain labs or clean manufacturing facility for like microchips. If the risk of dog hair/dander could contaminate or compromise things, they could be excluded. If you were an office worker for the company though that would be ok to have your SA.

So what does reasonable accommodation mean? (we'll explain this more in the next issue) Basically it means your SA is exempt from no pet policies, size/breed restrictions, deposits... Let's say there is no "green" space outside of an apartment you're renting. it would be reasonable to allow/construct a certain area for you to potty/exercise your dog in. Depending on the fencing/cost...the landlord may cover it, you would or split it.

Next thing to discuss would be the specific exception to dogs being the only legally recognized service animal. The ADA added a special provision for miniature horses that have been individually trained to perform tasks or work for people with disabilities!

The first one I became aware of was a black & white pinto colored mini mare named Panda, that was being trained as a guide animal. This was long before I ever thought about needing a SA. I was very intrigued, and I followed her training as stuff was posted on the net.

Those of us who were familiar with minis already knew how highly intelligent. trainable and adaptable they were. They're naturally curious little buggars and love doing tricks! They delight in pleasing you! But if they get bored that can lead to bad things, as due to that natural curiosity & high intelligence they seek out things to do. They easily learn how to open doors & latches on stalls & gates, tack boxes...

But this is such a great idea! You see a guide dog usually has at best about 10 yrs of working ability. It's very expensive & time consuming to raise & train one. And it's not always smooth sailing to pair a handler & guide dog up. Many times out in the real world things don't work out which means the dog is returned to the facility & a new team has to be paired up.

Miniature horses can live into their 30's! Most. if not all of those years, they can be a working service animal! How great that would be to only need 1 or 2 service animals in ones lifetime!

Yes the care of a miniature horse is totally different than a dog, but people can learn. And if they have an allergy to dogs this is a great option! As an added benefit, horse poopoo is great garden fertilizer! Not so with dog poopoo. Honestly, my mobility assist service dog is bigger than a lot of minis!

For those who would jump to the conclusion that all ponies/miniature horses are mean, rest assure they are not! When you find a "mean" one, it's usually because somebody has let children mistreat them and they're not properly trained or they are scared! The problem comes in because a lot of people see is how cute they are & because they are small just want to spoil them. Or they think it's a good idea to get a young one and let it grow up with the kids, this is not a good idea if you're not experienced with training! The fact is they need love, discipline, conditioning, and training just like the big horses!

Sadly Panda became very ill last year. But she is on the road to recovery, our prayers go out to her handler & her! If you do a search on the net you can read all about Panda.

I think this a good place to stop for this issue. I've tried to be thorough and accurate. If I have left anything out, made mistakes, or you have questions feel free to contact me. I will do my best to address them. I do have to state again that I am NOT a doctor, lawyer, therapist...what is provided here is for informational use only. If you have an issue, I urge you to seek the proper qualified persons to deal with it!

In the next issue of THE PAWS-A-TIVE NOTE, I will address Emotional Support Animals/Assistance Animals ( aka ESA/AA), the Fair Housing Act, the Air Carrier Access Act...

ISSUE #2-ASERVICE ANIMALSAUGUST 31ST, 2017