The only way that a dog can be recognized as a true “service animal” under the Americans with Disabilities Act (ADA) is when the following conditions are met: The owner or handler has a documented disability as defined under the ADA, “….a physical or mental impairment that substantially limits one or more major life activities”. The dog (or miniature horse) must be trained to perform a task or tasks that alleviate that disability. The mere presence of the animal (for example, “s/he gives me a reason to get up every morning”) does not qualify a dog as a service animal. The dog (or miniature horse) must not alter the environment for others. This means that s/he must be kept on a leash and under the control of the handler at all times in public, must not show signs of aggression, must be kept quiet and clean. Any service animal that displays vicious behavior towards other guests or customers may be excluded. You may not make assumptions, however, about how a particular animal is likely to behave based on your past experience with other animals. Each situation must be considered individually. “It was wearing a fake service vest,” said X, “and it was on a Flexi lead.” X said service dogs are almost never on retractable leashes and trained handlers would know not to let their dog distract another working dog. nbcbayarea/investigations/Frustrated-by-Fake-Service-Dogs-208233211.html Under the ADA, business owners can only ask two questions when someone with an animal walks in: “Is this a service animal?” “What is it trained to do?” It is a misdemeanor offense to pretend your pet is a service animal in California. Adding to the confusion, the designations of therapy dog, comfort dog, emotional anxiety dog, among others. In California, none of those animals is considered a service dog when it comes to food facilities, according to Penny Si, the ADA coordinator for SFPD. A service animal has to be individually trained in specific tasks that benefit a disabled person. An emotional or support animal is such because the presence of that animal provides security. If its their mere presence, if thats all theyre doing, that doesnt meet the requirements of a service animal, said Si. The work or tasks performed by a service animal must be directly related to the individuals disability. “deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks.” An animal is not a service animal if its mere presence benefits the individual with a disability. A service animal must be “trained to respond to the individual’s needs...The process must have two steps: recognition and response. For example, if a service animal senses that a person is about to have a psychiatric episode and it is trained to respond, for example, by nudging, barking, or removing the individual to a safe location until the episode subsides, then the animal has indeed performed a task or done work on behalf of the individual with the disability.” understand that it is a crime to misrepresent yourself as the owner or trainer of a trained service animal. § 365.7. Knowing and fraudulent representation as owner or trainer of guide, signal or service dog; penalty (a) Any person who knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog, as defined in subdivisions (d), (e), and (f) of Section 365.5 and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code, shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (b) As used in this section, “owner” means any person who owns a guide, signal, or service dog, or who is authorized by the owner to use the guide, signal, or service dog.
Posted on: Mon, 05 May 2014 18:28:52 +0000
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