Archive for the ‘Laws’ Category
Feb 03
How to Verify a Service Dog
Trying to determine if a dog is a service dog can feel like a game of Twenty Questions, but there’s only really two questions a business owner is allowed to ask:
Is the dog a service animal required because of a disability? What work or task has the dog been trained to perform?As cryptic and frustrating as that sounds, these parameters are present for good reasons. They protect the personal privacy of the service dog’s handler. In addition, the Americans with Disabilities Act protects the rights and privacy of individuals with disabilities, thus also protecting the right of a service dog to perform their task. In short, owners of service dogs have federal rights. Because of these federal protections, the public should be aware of the appropriate way to verify a service dog.
What is a Service Dog?According to the Americans with Disabilities Act (ADA), a service dog is trained to complete a task directly relating to their owner’s disability. A service dog is not a pet but a way for a disabled person to overcome their disability. Because service dogs affect their owners’ health and welfare, they’re allowed into areas where pets aren’t typically welcome. Some examples of service dog tasks are:
Alert people with hearing impairments. Identify impending seizures. Help people with mobility problems. What Can You Ask a Service Dog Owner?As stated prior, there are two questions a business can ask a service dog owner when trying to verify a service dog:
Is the dog a service animal required because of a disability? What work or task has the dog been trained to perform?Though other questions may seem relevant, they can be considered intrusive and discriminatory. Here are a few examples of questions that may seem pertinent but infringe on privacy or are discriminatory.
What kind of disability do you have? Can your dog demonstrate what it does for you? Do you have documents to prove that your dog is a service dog? Why does that dog need to be with you in here? Would you be okay without the dog with you?The ADA laws do not require service dogs to be registered, certified, or wear identifying gear such as a vest or ID tag. Therefore, asking for identification or documentation would not establish whether a dog is a service dog.
To verify a service dog, there are only two questions allowed. Asking about the owner’s disability infringes on their privacy. Where is a Service Dog Allowed?Federal laws allow a service dog to go wherever their owner goes. This includes hotels, stores, movies, restaurants, airlines, and anywhere else typically accessible to the public. For example, service dogs can live with their owners in “no-pets allowed” housing due to the federal Fair Housing Act. Service dogs can also travel with their owners in the cabin of airplanes because of the Air Carrier Access Act. These federal laws also exempt service dog owners from any fees for housing, lodging, and travel typically applied to pets.
When Can You Ask a Service Dog to Leave?Almost all service dogs are well-behaved and exceptionally trained, but they’re not always perfect. There are instances when service dogs may be removed from the area. The U.S. Code of Federal Regulations states that there are two reasons a service dog can be asked to leave the premises:
If the service dog’s owner is not able to command the dog, and the dog is out of control. If the service dog isn’t properly housebroken or if the dog urinates or defecates in an inappropriate area.If a service dog does not behave appropriately in public and is required to leave the area for any of the above reasons, the dog’s owner must be allowed to remain without the dog. If the service dog damages property, the business may charge the service dog owner for cleaning after the fact. Surcharges that usually apply to pets don’t apply to a service dog. Additionally, businesses can’t segregate service dogs and their owners from the rest of their patrons.
A real service dog is always under its owner’s control and does not deviate from its tasks. Misrepresentation of Service DogsAlthough there is no federal law that penalizes fraudulent service dog owners, many states have laws against the misrepresentation of a service dog. Nevertheless, people still attempt to pass their pets as service dogs. Service dogs undergo hundreds of hours of training.
Well-trained service dogs are usually not disruptive, unruly, or aggressive. When interacting with the public, service dogs remain focused on their work. They receive training to avoid interactions with others unless necessary because distractions can be dangerous for their owners.
Service dogs do noble and vital work for people who have disabilities. It’s essential to verify service dogs correctly, to adhere to federal laws, and to respect the work that they do.
The Sunshine State allows service dogs to travel, reside with, and perform daily living activities with their owners. The State of Florida aligns with the federal American Disabilities Act (ADA), which provides service dog owners the rights and privacy with their service dogs. These rights cannot be denied, regardless of the local jurisdiction laws or private business ownership rules. Anyone who uses a service dog for their disability in Florida is protected by these laws and are entitled to the use of their animal.
What is a Service Dog?The ADA definition of a service dog is similar to the Florida Statute 413.08 definition. Florida Statute 413.08 defines a service animal as one that is “trained to do work or perform tasks for an individual with a disability… A service animal is not a pet.” These tasks are vital for the quality of life of the person with the disability. For instance, a service dog may help obtain a life-saving medication, guide the visually impaired, or help with mobility issues.
How are Service Dogs Trained?Service dogs must be trained to perform a task that the person with a disability would otherwise be unable to perform themselves. Their training must be specific to the needs of the person with the disability. Service dogs can be trained through a professional canine trainer or by the dog owner themselves.
If a trainer is training the service dog, Florida law allows them the full rights provided to a service dog owner during training sessions. They are allowed into public facilities and transport, just like service dog owners are. This will enable trainers the full ability to train a service dog well.
Identification and Registration Requirements for the State of FloridaAccording to Florida Statute 413.08, documentation that a service animal is trained is not required. Although not mandatory, registration is recommended as it allows easier access to all public accommodations. Having identification and registration available, though not necessary, mitigates any unexpected problems or harassment.
To protect the service dog owner’s privacy, the public can not inquire about the nature of the service animal’s owner’s disability. They may only ask two questions:
Is this a service animal? What task has the animal been trained to perform?Neither business nor private entities may ask personal questions such as:
Asking the owner to have the animals perform their assigned task as a demonstration. Asking the service dog owner declare their illness or disability. Demanding documentation regarding registration or training. Leash Requirements for Service DogsFlorida laws require that a service animal must be under the control of its owner at all times. The service animal must be properly outfitted with supplies such as a leash, harness, or tether. If a leash, harness, or tether interferes with the tasks the dog must perform, then the dog must be under the owner’s control at all times through the owner’s voice or signal commands.
Service Dog Behavior RequirementsAlthough a service dog is essential to their owner’s well-being, both ADA and Florida laws are explicit about their expectations for public safety. These include the following points:
Service dogs must be under the control of the owner at all times. Service dogs can be removed or excluded from an area if the dog is out of control, is not appropriately housebroken, or is a safety issue for the public. Fear of animals or allergies is not a justifiable reason for the exclusion of a service animal. If a service animal must be removed for being a threat, the service dog owner must be provided the option of remaining without the service animal. Damage caused by the service animal is the responsibility of the service animal’s owner.Any person who interferes with these rights may be subject to a misdemeanor of a second-degree in the state of Florida.
In conjunction with federal law, Florida’s state law guarantees full support and protection for you and your service dog. Misrepresentation of a Service DogThe state of Florida considers the misrepresentation of a service dog a second-degree misdemeanor. If a person knowingly presents themselves, in writing, verbally, or through their actions, as having a service dog and do not qualify as such, they may be subject to prosecution.
Public Accommodation for Owners of Service Animals“Public accommodation” is a broad term and, in short, means that people with service animals are allowed anywhere the general public is also invited. For instance, hotels, public transportation, and resorts are examples of areas where service animals are allowed.
Safety of Service Animals in FloridaThe service dog laws for the state of Florida are very similar to the federal regulations. Florida also goes the extra mile to protect its service animals, with laws against any interference or injury. These laws prohibit the obstruction, harm, or intimidation of a service animal by another person or an animal owned by that person. These actions are punishable as a misdemeanor in the first-degree or a felony of the third-degree, depending on the severity of the incident.
Know Your Service Dog Rights and Requirements in FloridaBeing knowledgeable about the rights and requirements of service animals in your state helps keep you and the service animals safe. Respecting the laws, providing the service animals the safe space to do their job, and establishing the correct qualifications can keep the integrity of service dogs intact.
The Federal Fair Housing Act prohibits landlords from discriminating based on disability. Housing providers can never charge a fee or deposit just because a tenant needs a service dog.
Seeking a Home with a Service AnimalImagine the following scenario: A tenant is accepted in a rental building and discloses that she has a service dog: a trained Golden Retriever that monitors her for impending seizures. In compliance with their federal Fair Housing obligations, the landlord agrees to accommodate the service dog even though the building prohibits all dogs over 12 pounds.
However, the landlord says he will have to charge a pet security deposit. In addition, the building charges a monthly pet fee, but the landlord says he will give the tenant a 20% discount. Lastly, the landlord charges an application fee for considering the tenant’s request to live with their service dog.
Were the landlord’s actions in compliance with HUD’s rules for service dogs? Let’s assess this situation with the following four questions.
1. What Does the Federal Fair Housing Act Say?Do the pet fee and pet security deposit requested by the landlord, even at a discounted rate, violate the Federal Fair Housing Act?
According to the Federal Fair Housing Act, a landlord discriminates against a person with a disability if the landlord refuses to provide “reasonable accommodation” for their service animal without a valid exemption. Service dogs are not considered pets under HUD’s rules, but rather assistance animals needed by people with physical or mental health disabilities. Service dogs that are used for mental health conditions are known as psychiatric service dogs.
Under HUD’s guidelines, landlords can never charge a fee or deposit for a tenant’s service animal. That is true even if the building charges a fee or deposit for all pets. Landlords cannot offer a discounted rate for waiving any pet fee, or charge an application fee for considering the service dog.
The idea behind this rule is that it would be unfair and discriminatory to charge a person a fee or deposit just because they have a disability requiring a service animal. To charge an additional fee for the service animal would be like charging an individual for using a cane or a wheelchair — the service dog is a vital tool to the owner to overcome the challenges of their disability.
Charging a pet security fee or a pet deposit for a service animal is unethical and illegal.
Service Dog Certifications
2. How Does a Service Animal Relate to a Person’s Disability?Service dogs are used by people with both physical and mental health disabilities. To have an official service dog, an individual must have a qualifying disability and a fully trained dog that can perform one or more tasks or jobs related to their condition.
There are countless vital tasks that service animals perform for their owners. For example, a service dog can be trained to pull a wheelchair or provide guidance for someone with visual impairments. A psychiatric service dog can be trained to retrieve medications, provide calming tactile stimulation during moments of crisis or interrupt panic episodes.
3. Who Pays for Damages?Does this mean that a person with a disability would never need to pay for damages caused by their service animal? No, service dog owners are always responsible for the actions of their animals. No matter how well-trained a service animal is, they’re still animals. Accidents can happen. If the rental property sustains damage (aside from usual wear and tear) from a service animal, the service dog owner would be held responsible. If the tenant had deposited a standard security deposit under their lease, the landlord might collect for damages from that amount.
It’s always essential, in any residence, for service animal owners to respect the property and the rights of others around them.
Service Dog Certifications
4. How do you prove that you own a service dog?If you own a service dog, the landlord can ask two questions for verification:
Is the dog a service dog required because of a disability? What work or task has the dog been trained to perform?Landlords cannot insist on documentation for service dogs. However, you may have seen service dog owners carry items like ID cards, vests, certificates, and tags. These items are used by service dog owners to publicly signal that their animal is a working service animal. Still, this paraphernalia does not by itself elevate a dog to service animal status.
Service dog equipment can be especially helpful in buildings that ban pets since other residents will be curious about why your service dog has been allowed on the premises. Having items that clearly indicate your dog is a service dog can alleviate any potential confusion and tension with other residents.
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