• SERVICE DOG

    February 17, 2017
  • If you need a Service Dog, then here is all information what you need to know!!! We can help you to train your dog to be a Service Dog and we will test exisiting pet for Service Animal potential.

    Service Animals

    In 2010, the U.S Department of Justice revised the regulations governing the Americans with Disabilities Act Requirements for Service Animals.

    In 2014, the ADA National Network published a highly recommended self-advocacy resource title Service Animals and Emotional Support Animals 

    You may also contact Disability Rights Florida at 1-800-342-0823 if you have problems associated with your service animal.

    Definitions

    Service Animal

    The Americans with Disabilities Act (ADA) 2010 Regulations define a service animal as “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition."  C.F.R. § 35.104 and § 36.104 (2010).

    If they meet this definition, dogs are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.

    Adult with miniature horse

    In addition to the provisions about service dogs, the ADA also has a new, separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.

    UPDATE: SERVICE ANIMALS IN ARIZONA

     Brenda Renou, a commissioner on the City of Surprise Disability Advisory Commission and a former intern with the Council, uses a service animal due to Multiple Chemical Sensitivity, a sensitivity which contributes to other significant conditions such as Chronic Obstructive Pulmonary Disease. Brenda's dog Oren has been trained to detect odors that are noxious to her and alert before respiratory distress begins.  She also assists in training new service dogs, and has a blog dedicated to service animal etiquette and guidelines.

    Brenda has compiled helpful info for Arizona residents with questions about service animals.  You can check out the guidelines below:

    • Only dogs and miniature horses can be service animals and are not considered pets. They must be individually trained to do work or perform tasks for a person with a disability and its work must be directly related to the handler's disability. It is protected under the ADA regardless of whether they have been licensed or certified by a state or local government. A dog that solely comforts or provides emotional support does not qualify under ADA.
    • Arizona law also states that any trainer or individual with a disability may take an animal being trained as a service animal to a public place for purposes of training it to the same extent as provided to a handler of a fully trained animal.
    • The animal must be harnessed, leashed, or tethered, unless devices interfere with the animal's work or the individual's disability prevents the use of these devices, in which case, voice, signal, or other effective control must be maintained by the individual (ADA). State law doesn't specifically address the issue but does have a leash law for pet dogs that states it must be "on a leash not to exceed six feet in length and directly under the owner's control when not on the owner's property."
    • Under the ADA, State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go. State statute says, Public place means any office or place of business or recreation to which the general public is invited, whether operated by a public or private entity and includes all forms of conveyance, including taxis, tow trucks and ambulances.
    • The ADA states that when it is not obvious what service an animal provides, only limited inquiries are allowed. Two questions may be asked: (1) Is the dog/horse a service animal required because of a disability? and (2) What work or task has the dog/horse been trained to perform? Owners of service animals cannot be asked about their disability, be required to present medical documentation, required to have a special identification card or training documentation for the dog/horse, or ask that the dog/horse demonstrate its ability to perform the work or task. Arizona State law says discrimination includes requiring an individual with a disability to disclose disability related information.
    • Existing state law holds no requirements for certification of animals, although some organizations offering training and certification have been known to advise owners that they must certify their animal to qualify as a service animal.  

    Service animals can be excluded from public places if:

    • It is not under control or housebroken (ADA). It also includes barking at the movies, which is a fundamental alteration to the nature of the business.
    • It poses a direct threat to the health or safety of others, fundamentally alters the nature of the public place or the goods, services or activities provided, or poses an undue burden (State).
    • The ADA says that zoos must allow service animals wherever the public is allowed to go. State statute has a whole section on zoos (section F) that allows certain exclusions, but ADA takes precedence over state and local regulations.

                                                                       

    Person with a Disability

    Under the ADA, an individual with a disability is a person who has a physical or mental impairment that substantially limits one or more major life activities of such an individual; a record of such an impairment; or be regarded as having such an impairment.

    Work and Tasks

    According to the § 35.104 and § 36.104 (2010), examples of work and tasks performed by service animals include, but are not limited to:

    • guiding people who are blind or have low vision
    • alerting people who are deaf or hard of hearing
    • providing non-violent protection or rescue work
    • pulling a wheelchair
    • assisting an individual during a seizure
    • alerting individuals to the presence of allergens
    • retrieving items
    • providing physical support and assistance with balance and stability to individuals with mobility disabilities
    • helping persons with psychiatric or neurological disabilities by preventing or interrupting impulsive or destructive behaviors
    • reminding a person with mental illness to take prescribed medications, or
    • calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack.

    Crime deterrence or provision of comfort or emotional support do not constitute "work or tasks" under the ADA.

    Rights


    The Americans with Disabilities Act requires state and local governments, public accommodations, and commercial facilities to allow service animals to accompany individuals with disabilities in all areas where members of the public are allowed to go.

    The entity may ask whether an animal is a service animal and what tasks the animal has been trained to perform.

    However, they may not require documentation that the service animal is trained or ask the person what their disability is.

    The Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act provide additional legal standards.


    Responsibilities

    While working, the service animal’s behavior must be under the control of its owner.
    A service animal should not pose a direct threat to the health or safety of others.

    If your animal is out of control and you do not take effective action to control your animal or your animal poses a direct threat to the health and safety of others, you may be asked to remove your animal from the premises.

    You are also responsible for the care or supervision of your service animal including care, food, and removing animal feces, as well as identification of appropriate locations for animal use.

    Government offices, public schools, colleges and universities


    Title II of the Americans with Disabilities Act (ADA) and the regulations implementing it require state and local government entities, including public schools, colleges and universities, to make reasonable modifications to programs and services in order to allow access for individuals with disabilities. Service animals are recognized as reasonable modifications or accommodations under Title II.

    The Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act provide additional legal standards.

    For additional resources, including guidance from the Florida Department of Education regarding service dogs in Florida public schools, please visit the Links tab on this page.

    Public accommodations and commercial facilities

    Title III of the Americans with Disabilities Act (ADA) and the regulations implementing it prohibit businesses that are open to the public from excluding a service animal from entering their establishments. Such businesses are called public accommodations.

    Examples of public accommodations include restaurants, theaters, hotels, grocery stores, hospitals and medical offices, department stores/malls, health clubs, parks, zoos, sporting facilities, and all public transportation systems such as airlines, car rentals, trains/metro systems, buses/shuttles, taxi services, etc.


    Note: Anywhere an individual with a disability as defined by the ADA is allowed to enter, a working service animal must also be allowed to enter.

    Housing


    The Fair Housing Act also prohibits discrimination against an individual on the basis of disability when the individual is renting or buying property. For example, even if a building has a "no pets" policy, it would be a rights violation if the owner or manager refused to permit a blind applicant for rental housing who wants to live in a dwelling unit with a service animal.

    Please visit our Housing Rights, Responsibilities & Resources
    (http://www.disabilityrightsflorida.org/resources/disability_topic_info/housing_rights_responsibilities_resources) topic webpage for detailed information and additional resources.

    Transportation


    The Transportation Security Administration publishes information for passengers with disabilities. Please visit the Links tab on this page for more information.

     

    Arizona makes it illegal to misrepresent pets as service animals

     

    People who bring their pets into stores and restaurants and falsely claim them as service animals may soon face fines.

    Gov. Doug Ducey signed House Bill 2588 into law Tuesday, making it illegal to misrepresent a pet as a service animal and creating fines for violators of up to $250.

    Links


    Federal law


    Access a summary publication called Revised ADA Requirements for Service Animals

    (http://www.ada.gov/service_animals_2010.htm) from the U.S. Department of Justice's ADA.gov (http://www.ada.gov/) website.


    Access the complete 2010 Title II regulations governing Nondiscrimination on the Basis of Disability in State and Local Government Services

    (http://www.ada.gov/regs2010/titleII_2010/titleII_2010_regulations.htm) from the ADA.gov
    website.


    Access the complete 2010 Title III regulations governing Nondiscrimnation on the Basis of Disability by Public Accommodations and in Commercial Facilities


    (http://www.ada.gov/regs2010/titleIII_2010/titleIII_2010_regulations.htm) from the ADA.gov website.

    https://www.azcentral.com/story/news/politics/legislature/2018/04/19/arizona-makes-illegal-misrepresent-pets-service-animals/529036002/

    https://addpc.az.gov/content/update-service-animals-arizona