Archive for the ‘Laws’ Category

What the ADA says: Police, like any other third party, can verify a service dog by asking two questions: 1. Is the dog a service dog required for a disability? and 2. What work or task has the dog been trained to perform?

Do you have to provide the police with anything else? Just like with other third parties, you can voluntarily show a service dog ID card, vest, tag, or certificate. However, you can’t be denied entry if you don’t have or just forgot to bring these items.

How service dog accessories make life easier 🐕‍🦺 : Rather than explaining their situation to every passerby in a no-dog environment or having people inappropriately touch their dog, service dog owners use these items to visually inform others and keep them at a safe distance.

Countless service dog handlers are repeatedly badgered for ID cards and certificates to prove they own a service dog. Therefore, many owners have these items handy instead of getting into recurring debates about service dog verification procedures.

What else to keep in mind: Remember, most people are not as well-informed about service dog rights. You can present your service dog ID card, certificate, or other accessories, but if you don’t have these items on you, the best course of action is to calmly explain that answering the two questions defined by the ADA is sufficient.

How does someone prove they own a psychiatric service dog (PSD), not just a regular everyday pet? The law limits the ways someone can ask about your service dog. This is to protect the privacy of handlers while also ensuring they have a clear way to prove their need for a PSD. 

Under the Americans with Disabilities Act (ADA), if you’re out in public or at a hotel, store, or other venues, a staff person can verify your canine is a psychiatric service dog by asking two questions:

You do not have to specifically identify your disability or demonstrate the task your PSD has been trained to perform. 

ServiceDogCertifications.org

Typically, only verbal verifications of service dogs are allowed. The major exception is air travel. If you’re flying with your psychiatric service dog, airlines will ask you to submit the DOT’s Service Animal Air Transportation Form. Airplane and airport staff can also ask the two questions above to verify a dog is a PSD.

For a guide to flying with a service dog, click this link

The U.S. Department of Transportation (DOT) has stated that airlines can also observe the dog’s behavior to see whether it remains under the handler’s control. If the dog is disruptive or out of control, that may be evidence the dog has not been successfully trained to be in public. 

The DOT also allows airlines to look at paraphernalia such as harnesses, vests, and tags to determine whether a dog is a PSD. These items can help signal that your dog is a PSD and is one indicator airline staff can consider to determine whether a dog is a service animal. PSD owners find these accessories especially useful because they suffer from mental health disabilities that are not visible.  

Having a PSD outfitted with appropriate paraphernalia helps to cut off unwanted approaches from strangers and broadcasts that the dog is on duty. Keep in mind, however, that accessories alone do not make a PSD – that comes from proper service dog training. 

In New York, service dogs can go to many places that pets can’t. Service dogs are allowed in almost all public areas in New York, including:

Restaurants and cafes Hotels and motels Public transportation (such as buses, subways, Ubers, and taxis) Theaters and cinemas Museums and art galleries Stores and shopping malls Hospitals and medical offices Parks and recreational areas

This means if you’re a resident of New York City, your service dog is welcome in places like the L Train, the MOMA, your favorite cafe in Brooklyn, and clothing shops in SoHo.

ServiceDogCertifications.org

Service dogs also have housing rights in residential buildings that don’t allow pets in New York. That includes rental complexes, co-ops, government-assisted housing, and condominiums.

There are, of course, some limitations. Places where the general public is not allowed for safety or health considerations are still off-limits to service dogs. For example, in a hospital, a service dog would be allowed in an examination room or lobby but not in an operating room or other sterile environments.

What gives service dogs public access rights in New York?

Service dogs are protected by both federal and state law in New York. Service dogs are an accommodation for people with physical and mental health disabilities. Service dogs used for mental illnesses are called psychiatric service dogs.

Under these laws, public establishments and landlords must allow service dogs to enter, even if there is a policy banning pets. They must also do so without charging any fees. That means a service dog is allowed to live in a no-pet residential building without having to pay a pet fee or deposit.

How can establishments verify a service dog in New York?

Stores, restaurants, and other public venues in New York are allowed to verify a service dog before allowing it to enter. And this can only be done with verbal confirmation. 

Staff are allowed to ask service dog handlers two questions (and only if the handler’s disability is not obvious): 1. Is the dog a service dog required for a disability? and 2. What work or task has the service dog been trained to perform?

In New York, staff members and landlords cannot ask for documentation or require a service dog to wear a vest or ID tag. Most service dog owners, however, voluntarily use accessories like vets, tags, ID cards, or certificates to visually designate their service dog as a working animal. 

These items make it convenient for service dog owners to convey to others that their dog is required for a medical or psychiatric condition. That can be especially helpful in areas where normal pets aren’t typically welcome.