Question for those who are knowledgeable about service dogs?
Question by •Poppy•: Question for those who are knowledgeable about service dogs?
I got into a friendly argument tonight involving service dogs, and am very curious to learn more.
What, exactly, are the different types of service dogs? Requirements for each? Are all treated equally?
I was debating my father who works for the health dept. He states that you can take a dog into a public place, and you cannot be stopped. All you must do is say “service dog”.
I don’t think he’s wrong on that aspect. But I have seen multiple times that people cannot rent an apartment in a no-pets-allowed building *unless* it is a qualified service dog. As in, a seeing-eye dog or something along those lines, NOT just an “emotional support” dog. He claims that all you have to do is state “service dog” and even apartment landlords cannot request further information.
Before anyone gets any ideas, I’m in no way planning to ‘cheat the system’. . . we were just discussing my cousin who has a service dog because she gets severe headaches–not sure what that dog does, exactly, but she has one.
Any and all information is appreciated–I’m just curious about the different types, and if all are created equal, I guess. 
Best answer:
Answer by cameo’s Mom
Well, technically…service dogs are supposed to wear a harness with “Service dog” emblazoned upon it when out in the public. They are numbered etc. With a very official patch on the harness as well.
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All I know is that it really doesn’t work that way. You have to carry some sort of certification for your dog, whether it be the harness that has the patch on it, or some other form, but I doubt you can just walk in with your dog. They certainly wouldn’t make it that easy.
I think apartments should allow in any certified service dog, because they aren’t pets. They are “working” for that person. Their rules state no pets, but service dogs aren’t pets. That is just my opinion, I don’t know if it actually works that way.
There are different types of service dogs. The ones I know of are guide dogs and therapy dogs. I don’t think therapy dogs are allowed in all places guide dogs are allowed but if you ask management beforehand, they will most likely let you bring it in. Your dog should be wearing a vest or harness labeling it however of what it’s service is.
I don’t know the laws and what not for the US, but here in Australia, a service dog is classified as either a guide dog for the blind, a hearing-aid dog, or one who assists a disabled person. These dogs are allowed anywhere their owner goes; on public transport, in shopping centres, restaurants, in rental properties stating “no pets allowed” etc. I don’t think the same royalties apply to “emotional support” dogs as to the ones mentioned before.
These dogs are required to wear the appropriate vest/equipment at all times out in public and can only be given to the people who need them by the nationally recognised organisation who trained these dogs, who are usually not for profit. No one can get a plain old high visabilty vest and put it on their dog and claim it’s a service dog (although I’m sure crooked people have tried to buy such things for their dogs so they can take them into public buildings, on public transport etc but I rarely see service dogs around).
Some of the organisation here in Australia that provide service dogs:
http://www.guidedogsaustralia.com/
http://hearingdogs.asn.au
http://www.assistancedogs.org.au
My dad’s friend is very involved in Guide Dogs for the Blind (http://www.guidedogs.com). I recently spent a week with him (family vacation and which he was apart of) so I learned quite a lot about service dogs! I’ll do my best to answer your questions based on what I know about the guide dogs.
I believe the dogs can be trained for the blind, deaf, and those who are impaired. I’m a little confused about your other questions, but all the dogs go through specific courses and treated as they would be when they go into a home with the impaired. That is, no touching the dogs while they’re in use, no table scraps, etc. This gets the dogs use to the rest of their life (unless they flunk the course; the dog is sick or simply cannot tackle a command).
When people walk into a public building, say, the mall or even a grocery store, managers or even workers will come up to you and ask you to leave. To show that the service is actually in training (or is with the impaired person), they wear special vests which say “Service Dog” or “Service Dog in Training” along with “DO NOT TOUCH”. This notifies even the people around you (or the impaired person) that the dog is not meant to be walked up upon and pet. It’s strictly for use of an impaired person, or is training for this specific use. If the dog isn’t wearing a vest and you get stopped for having a dog in a public place, simply saying that the dog is a “service dog” won’t completely give you the chance to have the dog walking around. I’m pretty sure you at least the vest for the dog or some paper work for proof.
Your cousin may have a service dog in case she blackouts. In this case, the service dog will let her know so she can find a place to sit down before she does. I’ve seen a couple dogs who can do this; quite fascinating if you ask me!
There’s plenty more information on the website I gave you (above); I only covered a fraction of it! I’m in love the thought of training a service dog, but I imagine it takes a lot of work and hardcore training. If you have the time, you should really consider the idea if you’re this interested in them
Surprisingly he is right. Depending on your state, current law states that inquiring further into the reason the dog is needed could be viewed as discrimination. No identification is necessary.
There are service dogs and therapy dogs. Both are allowed where dogs are not allowed. However, you need to carry their certification with you and show it to whoever asks. You do NOT need to reveal whatever problem it is that requires you to need the dog, just prove that it has been certified. They both have to pass special training and tests to be certified and have to be trained by a certified service or therapy dog trainer. If you have problems with someone not allowing your certified dog in somewhere, you are allowed to sue. You can even take them in the cabin, not cargo, of a plane. You should be able to find all the legal ins and outs on line.
Hummm I admit I don’t know a ton on service animals so I’m staring for any contacts that do.
From what I do know though emotional support dogs (which are different from psychiatric service dogs mind you) are not considered service dogs and thus not protected by the laws that normally protect service dogs.
I think this site explains the differences between a Emotional Support Animals and a Psychiatric Service Animal pretty well (they both are often confused with the other in my opinion):
http://psychiatricservicedogs.pbworks.com/ESA-vs-PSD
I think beyond that what is considered a “qualified” service dog depends on the state- On a federal level there’s no real documentation required (and legally they can’t require you to provide it).
About the closest thing to denying a dog as a service dog I could find was being able to request a dog and owner leave if the animal that is acting up (not properly following commands, generally making a nuisance of themselves, seeming a danger to those around the animal, and other such things), but it does not appear that one can use one offense as a reason to block owner and dog at any other time.
Here’s a bit on federal laws:
http://www.servicedogssavelives.org/laws.html
State:
http://www.servicedogssavelives.org/statelaws.html
http://sdog.danawheels.net/laws/statelaws.shtml
And… That’s pretty much all I got for you. Hopefully this gets to the right people though who can tell you more (I know at least 2 users on here are very knowledgeable about service dogs).
Add:
Service dogs are NOT legally required to wear any specific identifying gear (this includes but is not limited to vests) based on federal law. This requirement varies state to state.
He is right all service dogs are equal, there are 2 questions they can ask you. Is that a service dog? and is that your service dog? They also can request paperwork stating that it is a certified service dog but you can just buy that online for $ 60. And paperwork saying that you have a disability. But most people just ask if the dog is a service dog and that is it.
The dogs don’t even need to wear a vest maybe just a tag.
In order to be a service dog they need to be able to do three tasks for their owners. they are not pets so the no pets allowed does not apply to them.
There aren’t classifications or degrees of service dog under the law. A service dog is a service dog. The requirements to be legally considered a service dog are:
1. You must be legally disabled
2. The dog must be individually trained to perform at least one task that assists you with your disability
Your father is incorrect that anyone can represent a dog as a service dog and take it into a business without being stopped, though. The business is permitted to ask if the dog is a service dog, and what tasks it performs. They can also ask that the dog be removed from the building if it is disruptive or poses a threat to health or safety of others. Penalties for misrepresenting an animal as a service animal are very harsh, and include both large fines and jail time. Most state laws also require prominent badging of the animal showing that it is a service animal. My state requires the dog to wear lettering readable from at least 20 feet that reflects the dog’s status. Anyone who knows anything about service animals can spot a fake a mile off, and will call you on it- the behavior of a well-mannered pet differs dramatically from that of a service animal. People who do not appear disabled ARE challenged frequently on their need for such an animal, and often asked invasive questions.
“Emotional Support” animals are not service animals, they are a whole different sort of thing. They DO receive preferential treatment as far as rental laws under the fair housing act, BUT the person must provide the landlord with evidence of the existence of their disability and need for an assistance animal (a letter from the treating physician, psychiatrist, etc). Some housing units may be exempt from the fair housing act, however most multi-unit rentals do have to comply with it. The difference between emotional support animals and service animals is that service animals are trained to perform a task to aid the disabled person beyond providing emotional support (which does not qualify as a “task” under the law). Emotional support animals do not have public access rights.
As far as your cousin’s dog- migraine alert service dogs are a relatively new concept, but they can be VERY beneficial. For her to qualify for one, her migraines must be severe enough and frequent enough so as to render her legally disabled. The dog detects migraines before they start, using smell. The dog will often get right up in their face and smell their breath, since that’s where the biochemical changes are first evident. If they detect what it is they’re smelling for, they alert in some way, and the person is able to take medication to help decrease the severity, get themselves home to a safe place before they strike, etc. I do have precisely this type of dog, though he is still being trained for public access and to alert in distracting situations as well as at home. He alerts me to an impending migraine 1-2 hours before they strike by whining and pawing at me persistently until I go lie down. My dog is also trained to fetch my medication from my purse and bring it to me, and to fetch a bottle of water I leave on the floor and bring it to me. The downside is he sometimes tries to stick his head in my mouth to get a better sniff when he thinks he smells something, and his idea of “comfort” during a migraine is not always mine
Add: Felicia, maybe your state laws are dramatically different than mine, but where I live, it’s illegal to badge an ESA as a “service dog”. It can land you in jail for 3 months, and a $ 3,000 fine. You might want to look into that a lot more thoroughly so you don’t find yourself in a heap of trouble.
All service dogs are legally the same, the same requirements, everything. The owner must qualify as legally disabled and the dog must be trained to do something that mitigates that disability, regardless of what that disability is.
Businesses are permitted to ask whether the dog is a service dog and what it is trained to do. If the dog behaves inappropriately, is disruptive, or threatening, it can legally be barred, even if it meets the legal definition of a service dog. Most states have laws making it a criminal offense to try to pass off a pet as a service dog. Penalties may include fines and/or jail time, and in some instances confiscation of the dog.
Emotional support animals are not service dogs, but in most cases a landlord is required to permit them even in no pets housing. ESAs are not specially trained. They are pets belonging to people with disabilities and mental issues. To qualify, the tenant must present a letter requesting a reasonable accommodation to the landlord including documentation of the disability and need for an emotional support animal from a physician.
— edited to add —
Therapy dogs are NOT service dogs. They are pets that have been tested, registered and insured so that they may be invited to visit people in nursing homes and hospitals. Their owners have no more rights than any other pet owner. They just have proof of suitability and liability insurance so that hospitals, etc. feel comfortable inviting them to visit.
ESAs are NOT service dogs. Their owners do not have public access rights to take their dogs anywhere that pet dogs are not permitted with only two exceptions: 1. they may keep an ESA in “no pets” housing and 2. they may fly with the ESA in the cabin with them with the proper documentation.
“Animals whose sole function is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, or to promote emotional well-being are not service animals.” — U.S. Department of Justice
Toll-free ADA infoline: 1 – 800 – 514 – 0301
Original post edited out due to misinformation –
ADDED #3
Kirsten – I emailed your ADA info to our PCP who was the one who gave us the “not so accurate” information about ESA’s (let’s just say he was quite interested to say the least). He confessed that the information they had been going by had been supplied to them by a patient with an ESA (who was clearly misinformed).
The waiting room of the medical facility where I used to work often had patient’s accompanied by “ESAs”…and the facility supervisors also preached that these dogs were “service animals” that had the right to be in the facility. Wow… talk about LOTS of misinformation being viewed as gospel truth.
Thank you again for the mini-inservice. I will continue to pass your correct information on for sure. I’ve printed off your post to save for future reference.
Oregano-Thanks to you too…
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Well there are guide dogs for the blind, mobility assistance dogs for people like me, hearing dogs, therapy dogs for people with developmental disabilities, and medical alert dogs. They are all required to be able to do some sort of task that the owner can not do themselves, I do believe the minimum is three tasks, and they HAVE to have a sound temperament. They aren’t legally required to have any sort of certification, but it helps to have a vest or harness that states the dog is working. Potential owners are not required to acquire a service dog from a specific organization, there are many people like me who wish to train their own from puppy hood. A lot of people take advantage of this, and just take their pet dogs everywhere, claiming that its a service dog. Some people ask me if my dog, a 12 1/2 lb mutt from the pound is a service dog, just because I’m in a wheelchair, or they tell me I should just get a vest for him and pretend he is. This really makes me angry.
The Americans with Disabilities Act provides requirements for service dogs to be admitted to all public businesses, transportation, and housing – under this law a service animal must aid with a documented physical disability – emotional support animals do not qualify but any dog that detects seizures or metabolic changes (i.e. for diabetics), provides alerts to a deaf or partially deaf person, acts as a guide for a legally blind person, braces someone with a balance disorder, or aids someone with a physical handicap (opens doors, retrieves items) is covered.
It is illegal in most cases to require proof of disability or of a dog’s certification, at least in businesses and transportation, not sure about housing.
There is no national certification process for service dogs of any kind, though there are certain industry standards, and as far as I am aware only California requires certification for any kind of service animal (guide dogs). Some service animals are trained by their owners and are not affiliated with any organization at all.
I know nothing about this, but I think your father isn’t right. Anybody can question a dog’s real identity therefore you must care a ID card for your dog stating that he is indeed, a legal service dog. If the owner doesn’t have the correct ID/papers then there’s a good chance that the dog will not be allowed anywhere. Service dog or not.
Wow! There are service dogs for people who get severe migraines? I’m a migraine sufferer. I had no idea there were dogs for that!