A Little Legalese

As I stated in my previous blog post, this blog is primarily meant to chronicle and share my personal journey of becoming partnered with a service dog. However, from time to time there will also be posts that are primarily informational, and this is one of those times. I felt that before I could share more of my personal story, I needed to clearly provide some definitions which are crucial to understanding the rights of people with disabilities when it comes to the use of a service animal.

Firstly, what exactly constitutes a service animal?

According to the Americans with Disabilities Act, the federal human rights law which protects individuals with disabilities in the United States, a service animal is defined in the following manner.

“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.

This definition does not affect or limit the broader definition of “assistance animal” under the Fair Housing Act or the broader definition of “service animal” under the Air Carrier Access Act.

Some State and local laws also define service animal more broadly than the ADA does. Information about such laws can be obtained from the State attorney general’s office.” (from http://www.ada.gov/service_animals_2010.htm)

Miniature horses are the only other animal that the ADA currently recognizes as service animals.

Since service animals are clearly stated to serve the purpose of assisting a person with a disability, it also would be wise to consider what criterion an individual must meet to qualify as disabled under the ADA.

“An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.” (from http://www.ada.gov/cguide.htm#anchor62335)

According to the national ADA website, major life activities are defined as

“…those functions that are important to most people’s daily lives. Examples of major life activities are breathing, walking, talking, hearing, seeing, sleeping, caring for one’s self, performing manual tasks, and working. Major life activities also include major bodily functions such as immune system functions, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.” (from http://adata.org/faq-page [listed under general ADA questions])

Under the ADA, service dogs are viewed as a form of reasonable accommodation, similarly to things like a wheelchair, access to medications, and so forth. As such, service dogs themselves do not have rights under the law, but their handlers do. There are various contexts in which it becomes important to recognize this distinction, such as when dealing with questions of public access, or employment. These topics will be further discussed in additional blog posts, but I mentioned this here so as to hopefully make the following information on the rights of service dog handlers easier to comprehend.

Two other laws, mentioned earlier in this post, have a significant role in ensuring equal access to facilities, goods and services for individuals with disabilities. They are the Fair Housing Act, and the Air Carrier Access Act.

The Fair Housing Act says the following with regard to service animals:

·         “Landlords may NOT impose breed, size, height, weight or species restrictions on service animals.

·         There should be a clear connection between the handler’s need for the service animal and the tasks it performs.

·         Service animals can serve many purposes and mitigate many disability types. Any service animal used for such mitigation, regardless of the disability type, must be accommodated provided the tenant provides appropriate documentation or information if asked.

·         Landlords can require verification that the tenant is disabled, and that the animal is a service animal.

·         Landlords can require that the service animal show good behavior, be consistently supervised by its handler and be in good health, (e.g. being up-to-date on vaccination). It is also acceptable for the landlord to request that the service animal relieve themselves in designated appropriate locations if necessary.

·         Landlords may not charge pet fees to handlers of service animals, and may not impose a pet deposit during move in. However, the landlord may assess other fees which are assessed to all tenants such as cleaning fees. Damages are the responsibility of the tenant.

·         Landlords may render certain areas off limits to a service animal, but the service animal may be allowed to wait just outside the off limits area for the handler.

·         If other tenants are afraid of or allergic to the service animal, this does NOT grant landlords the right to request that the service animal be removed, or unexpectedly evict the tenant. Rather, fear does not constitute a disability, so does not necessarily require accommodation of this nature. In terms of allergies, most are mild and the landlord has the right to advise the tenant to utilize various available remedies to relieve the discomfort.” 

(from http://www.landlordassoc.org/articles/WhatLandlordsShouldKnowAboutServiceAnimals.pdf)

The Air Carrier Access Act contains the following language and provisions concerning service animals:

 

Ҥ 382.37 Seat assignments.

(c) If a service animal cannot be accommodated at the seat location of the qualified individual with a disability whom the animal is accompanying (see § 382.55(a)(2)), the carrier shall offer the passenger the opportunity to move with the animal to a seat location, if present on the aircraft, where the animal can be accommodated, as an alternative to requiring that the animal travel with checked baggage.

 

§ 382.38 Seating accommodations.  

(3) For an individual traveling with a service animal, the carrier shall provide, as the individual requests, either a bulkhead seat or a seat other than a bulkhead seat.

§ 382.55 Miscellaneous provisions.

 

(a)    Carriers shall permit dogs and other service animals used by persons with a disability to accompany the persons on a flight.

 

(1)   Carriers shall accept as evidence that an animal is a service animal identification cards, other written documentation, presence of harnesses or markings on harnesses, tags, or the credible verbal assurances of the qualified individual with a disability using the animal.

(2)   Carriers shall permit a service animal to accompany a qualified individual with a disability in any seat in which the person sits, unless the animal obstructs an aisle or other area that must remain unobstructed in order to facilitate an emergency evacuation.

 

(3)   In the event that special information concerning the transportation of animals outside the continental United States is either required to be or is provided by the carrier, the information shall be provided to all passengers traveling with animals outside the continental United States with the carrier, including those traveling with service animals.

 

(b)   Carriers shall not require qualified individuals with a disability to sit on blankets.

 

(c) Carriers shall not restrict the movements of persons with a disability in terminals or require them to remain in a holding area or other location in order to be provided transportation, to receive assistance, or for other purposes, or otherwise mandate separate treatment for persons with a disability, except as permitted or required in this part. “

 

(from: http://servicedogcentral.org/content/node/63)

 

It is important to remember also, these are simply the federal laws which are out there. It is highly prudent to also look into the state and local laws where you live when you are contemplating a service dog. Federal laws supersede state and local laws and statutes in the case where both make mention of a given topic, however, it is wise to know as much as you can and be ready to advocate for your rights if necessary.

Whew! That’s a LOT of legalese, but it will all prove helpful as I continue to progress through my journey and post about the experiences it entails on my blog. Since this post is already a long one, I think I will cut it short here and continue explaining my personal situation and decision to get a service dog in another post. Stick with me!

 

 

Michelle