Post by Dog goes to College on Jan 31, 2013 10:16:18 GMT -7
There are many aspects to what makes a dog a service dog, but the most important for businesses to be educated about is the legal definition. That's what defines which dogs will get you a health code violation and which will not, which is a very common concern.
I'm going to disclaim right here that I am not a legal professional and this does not substitute legal advice. It's an explanation of the laws based on reading them and the interpretations given by the Department of Justice.
In the United States the main law to look to is the Americans with Disabilities Act (ADA) although state laws have the power to give more access rights, such as allowing service dogs in training with a trainer or raiser to have the same legal protections as a service dog assisting an individual with a disability. State laws that provide less access, such as only allowing guide dogs are considered overruled by the ADA and should be ignored. Local health code is also supposed to have an exception to no animals rules for service dogs, but if it provides lesser access protections for service dogs than the ADA or state law, it is also considered overruled in favor of protecting the rights of service dog handlers and trainers.
The ADA states a service dog is:
Any dog trained to tasks the mitigate the handler's disability
Required to be under the control of the handler
Expected not to bark, go to the bathroom on the floor, or show aggressive behavior
A protected service dog is not:
A dog who's only purpose is for emotional support
A therapy dog
A police dog
A search and rescue dog
A pet for someone with a disability
A dog who barks (unless it is a trained alert task and it only happens as an alert) is out of control of the handler, goes to the bathroom on the floor, or shows aggressive behavior.
The ADA does not say a service dog has to be:
A certain breed
Marked with a vest
Registered
Certified
Trained through an official program
I'm going to disclaim right here that I am not a legal professional and this does not substitute legal advice. It's an explanation of the laws based on reading them and the interpretations given by the Department of Justice.
In the United States the main law to look to is the Americans with Disabilities Act (ADA) although state laws have the power to give more access rights, such as allowing service dogs in training with a trainer or raiser to have the same legal protections as a service dog assisting an individual with a disability. State laws that provide less access, such as only allowing guide dogs are considered overruled by the ADA and should be ignored. Local health code is also supposed to have an exception to no animals rules for service dogs, but if it provides lesser access protections for service dogs than the ADA or state law, it is also considered overruled in favor of protecting the rights of service dog handlers and trainers.
The ADA states a service dog is:
Any dog trained to tasks the mitigate the handler's disability
Required to be under the control of the handler
Expected not to bark, go to the bathroom on the floor, or show aggressive behavior
A protected service dog is not:
A dog who's only purpose is for emotional support
A therapy dog
A police dog
A search and rescue dog
A pet for someone with a disability
A dog who barks (unless it is a trained alert task and it only happens as an alert) is out of control of the handler, goes to the bathroom on the floor, or shows aggressive behavior.
The ADA does not say a service dog has to be:
A certain breed
Marked with a vest
Registered
Certified
Trained through an official program