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SERVICE DOG LAWS: ADA REQUIREMENTS for Service Animals

U.S. Department of Justice, Civil Rights Division, Disability Rights Section

Overview of Service Dog Laws (updated 11/3/2021)

Service Domestic dog constabulary for guidance on the term "service animal" and the service animal provisions of the Service Domestic dog law:

• Only dogs are recognized as service animals.
• A service animal is a domestic dog that is individually trained to do piece of work or perform tasks for a person with a inability.
• Service animals tin accompany people with disabilities in all areas where members of the public are allowed to go.

How "Service Animal" Is Divers

Service animals are defined as dogs that are individually trained to practise piece of work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are bullheaded, alerting people who are deafened, 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 feet attack, or performing other duties. Service animals are working animals, not pets. The piece of work or chore a domestic dog has been trained to provide must be directly related to the person'southward disability. Dogs whose sole function is to provide comfort or emotional back up do not authorize 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 creature" under the Air Carrier Access Human action.

Some State and local laws too define service fauna more broadly than the ADA does. Information about such laws can be obtained from the State attorney general's function.

Where Service Animals Are Allowed
Nether 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 unremarkably allowed to go. For instance, in a hospital it would be inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias, or examination rooms. However, it may be advisable to exclude a service animal from operating rooms or fire units where the animal's presence may compromise a sterile environs.

Service Animals Must Be Under Control
Under the ADA, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal's work or the individual'south inability prevents using these devices. In that case, the individual must maintain control of the animal through phonation, signal, or other effective controls.

Inquiries, Exclusions, Charges, and Other Specific Rules Related to Service Animals
When information technology is not obvious what service an animal provides, only limited inquiries are allowed. Staff may inquire 2 questions: (1) is the canis familiaris a service animal required because of a disability, and (ii) what work or task has the dog been trained to perform. Staff cannot ask about the person's inability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the canis familiaris demonstrate its power to perform the work or task.

• Allergies and fear of dogs are not valid reasons for denying admission or refusing service to people using service animals. When a person who is allergic to domestic dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to dissimilar locations within the room or dissimilar rooms in the facility.
• A person with a disability cannot be asked to remove his service animate being from the premises unless: (one) the dog is out of command and the handler does not take effective action to command it or (2) the dog is not housebroken. When at that place is a legitimate reason to enquire that a service fauna be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal's presence.
• Establishments that sell or gear up food must allow service animals in public areas even if state or local health codes prohibit animals on the bounds.
• People with disabilities who apply service animals cannot exist isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In addition, if a business requires a eolith or fee to be paid by patrons with pets, it must waive the charge for service animals.
• If a business such equally a hotel normally charges guests for damage that they cause, a client with a disability may besides exist charged for damage acquired by himself or his service beast.
• Staff are not required to provide care or food for a service animal.

California Laws on Psychiatric Service Dogs and Emotional Support Animals in Public Places

California law requires almost public places to acknowledge service dogs and psychiatric service dogs but non emotional support animals.

California police allows persons with disabilities to bring trained service dogs and psychiatric service dogs, but not emotional back up animals, to all public places. Several different California laws gear up out the rights of people with disabilities who apply animals to assist them. These laws include the Unruh Civil Rights Human action, the California Disabled Persons Act (CDPA), and the Fair Employment and Housing Human activity (FEHA). (Federal disability rights laws, such as the Americans with Disabilities Act (ADA), likewise protect the rights of people who utilize service dogs and emotional support animals. For more information, see our commodity on federal law regarding service animals. When federal and state law differ, whichever one offers greater protection will generally apply.)

Which California Laws Protect Assist Animals and When?

Which California police applies depends on iii factors: what kind of creature it is, how the animal helps the disabled private, and the setting or place involved.

Service Canis familiaris Divers

A "service domestic dog," under California law, is a dog trained to help a specific private with a disability with services such equally alerting to medical conditions, fetching dropped items, minimal protection work, rescue piece of work, or pulling a wheelchair. At that place are two important things to note about the California'south definition of service dogs. Commencement, information technology is limited to dogs. (But because the ADA authorizes the utilize of miniature horses as service animals in some limited circumstances, California does equally well.)

2nd, it is farther express to dogs that aretrained to help individuals with their specific requirements. So, no animal other than a dog can qualify as a service beast, even if that fauna is trained to assist a person with a disability. Furthermore, even a canis familiaris will non qualify as a service canis familiaris if it is not individually trained to help an private with a disability (in a style that is related to his or her disability).

"Psychiatric" Service Canis familiaris Defined

California service dog law doesn't have a separate definition for "psychiatric service dog," simply a domestic dog that is individually trained to help a person with a mental disability with specific requirements is considered a service dog, and an individual that uses such a dog is entitled to the same rights nether the law as someone with a physical disability that uses a service dog.

Examples of work or tasks that a service dog can be trained to perform for someone with a mental disability include:

• waking someone with clinical depression and coaxing them out of bed at a specified fourth dimension in the morning
• responding to an owner'due south panic attack by initiating contact to comfort the individual, and
• alerting a person exercising poor judgment due to bipolar disorder that they are driving dangerously.

Emotional Support Animal Divers

An "emotional back up animal" is a dog or other animal that is not trained to perform specific acts direct related to an private's disability. Instead, the animal's possessor derives a sense of well-being, condom, or calm from the animal's companionship and presence. An emotional support animal does non need to exist a canis familiaris, but tin can be. (For more on the basic difference betwixt service dogs and support animals, see Nolo's article on service dogs and support animals.)

How California Protects Service Dogs in Public Areas

California service dog police guarantees people who use trained service dogs full and equal access to public places.

What Places Are Considered Public?

In California, the service dog law guarantees apply to an fifty-fifty broader range of public places than the ADA covers, including:

• any place to which the full general public is invited (including restaurants, hotels, theaters, shops, concert halls, and government buildings)
• medical facilities, such every bit hospitals, clinics, and physicians' offices, and
• whatsoever public conveyance or mode of transportation (airplanes, motor vehicles, trains, buses, streetcars, boats), whether private, public, franchised, licensed, or contracted.

Public places must allow persons with disabilities to bring in their service dogs and, if necessary, they must alter their practices and to conform the dogs. Public places must also permit an authorized trainer to bring in a service canis familiaris, even if the trainer herself doesn't have a disability.

Can the Operator of a Public Identify Require Proof That an Animate being Is a Service Domestic dog?

A public place can inquire merely 2 questions to determine if that individual'due south dog is a service canis familiaris:

• whether the dog is required because of a disability, and
• what work the dog is trained to perform.

The public place cannot require a person to "evidence" that their dog is a service dog. A service domestic dog is non required to be registered, certified, or identified every bit a service dog. However, in California, pretending to exist an owner of a service dog is a criminal misdemeanor punishable by a fine of upwardly to $ane,000 (and/or up to six months imprisonment).

What Most Zoos and Wild Animal Parks?

California has specific rules regarding the use of service dogs at zoos or wild animate being parks. Such places are not required to allow service dogs in areas where animals are not separated from the public by a concrete barrier. But a zoo or park that doesn't allow service dogs into such areas must provide gratis, make clean, and safe kennel facilities. Under some circumstances, the facility must also provide certain additional accommodations–such as complimentary transportation and sighted escorts–to blind or visually impaired patrons and to individuals who rely on their service dog for mobility.

Does California Protect the Use of Emotional Support Animals?

The protections discussed above do not utilize to emotional support animals. California service dog police, like federal service dog law, doesn't require that emotional support animals be immune in public places.

California does accept service canis familiaris laws, still, protecting the utilize of emotional support animals in other settings. To acquire more than, run into Nolo's manufactures on when California landlords take to allow psychiatric service dogs and emotional back up animals and how California protects psychiatric service dogs and emotional support animals in the workplace. In addition, federal police allows people with disabilities to bring their emotional back up beast onto an airplane. (Meet Nolo's article on federal protections for emotional support animals.)

What Disabilities Qualify a Person to Use a Service Dog or Support Brute?

California service dog law typically offers greater protection than federal police force for persons with disabilities. For example, California defines "disability" more broadly than the ADA does. Under the federal ADA service dog law , a physical or mental harm qualifies as a disability only if it "substantially limits" a major life activity. In California, a concrete or mental harm demand but limit (not "substantially" limit) a major life activity, which simply means that the impairment must make the achievement of the major life activity hard.

In California, a mental disability includes any mental or psychological disorder or condition–such as intellectual disability, clinical depression, bipolar disorder, organic brain syndrome, emotional or mental illness, or specific learning disabilities–that limits a major life action. A major life activity refers to physical, mental, and social activities and working. California does not, however, consider compulsive gambling, kleptomania, or unlawful substance use disorders to be mental disabilities.

SERVICE DOG Schoolhouse of AMERICA
Service Dogs California

Service Dog School of America is a psychiatric service dog organization that provides those with disabilities complete, accurate and up-to-date information regarding California Service Dog Laws and Service Canis familiaris Requirements for owners with disabilities in California.

Source: https://superdog.com/service-dog-law/

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