Do you know the difference between Emotional Support Animals (ESAs), Therapy & Service Dogs? There is a lot of misinformation and scams out there - be careful!
TRAINING REQUIRED: No training is required
PUBLIC ACCESS PRIVILEGES: NONE - they are not allowed in non-pet friendly places.
HOUSING: You can apply for reasonable accommodation in no-pet housing under the Fair Housing Amendments Act of 1988 or Section 504 of the Rehabilitation Act of 1973, depending on which applies to your situation. Having an animal declared an ESA DOES NOT guarantee they will be allowed in all housing.
TRAVEL: ESAs may also travel with you on flights (no other form of transportation) if they meet the requirements as laid out in the Air Carrier Access Act (ACAA).
ADA law does NOT apply to housing or air travel.
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TRAINING REQUIRED: Extensive training in Obedience and Manners
PUBLIC ACCESS PRIVILEGES: AS INVITED - Once a dog is certified through the organization they are going to work with (and therefore covered under their liability insurance), they are allowed in places such as hospitals, schools, rehabilitation centers and nursing homes upon invitation of the business or group.
We train to the standards set out by Therapy Dogs International (TDI), Delta Society/Pet Partners and Love on a Leash. (see more about the PAWsitive Hearts Therapy Program here)
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TRAINING REQUIRED: Extensive work in Obedience and Manners, Public Access and Task Training
PUBLIC ACCESS PRIVILEGES: FULL - All handlers of a trained service animal are granted full access rights to have that animal accompany them. (The animals themselves do not have rights - it is the handler). Some states extend that to Service Dogs in Training as well but it does vary from state to state.
Handlers and their service animals must be allowed access to anywhere that the general public is allowed, that their presence would not fundamentally alter the course of the business. There are still exceptions to where a dog must be allowed such as sterile medical environments/burn units, private homes, private clubs, food preparation areas the public has no access to, places like federal agencies and religious institutions that are exempt from ADA law.
And YES you can be asked to leave if your service animal is not housebroken and under control (including excessive barking/whining, aggressive actions, disrupting other patrons of the business etc).
"Under control also means that a service animal should not be allowed to bark repeatedly in a lecture hall, theater, library, or other quiet place. However, if a dog barks just once, or barks because someone has provoked it, this would not mean that the dog is out of control."
EMOTIONAL SUPPORT ANIMAL (ESA)
DEFINITION: A companion animal that provides emotional support to a handler who has been diagnosed with a verifiable mental or psychological disability and has been prescribed an ESA, by their mental health professional, as being needed to assist with daily living. Just knowing you are anxious or depressed DOES NOT mean you qualify for an ESA.TRAINING REQUIRED: No training is required
PUBLIC ACCESS PRIVILEGES: NONE - they are not allowed in non-pet friendly places.
HOUSING: You can apply for reasonable accommodation in no-pet housing under the Fair Housing Amendments Act of 1988 or Section 504 of the Rehabilitation Act of 1973, depending on which applies to your situation. Having an animal declared an ESA DOES NOT guarantee they will be allowed in all housing.
TRAVEL: ESAs may also travel with you on flights (no other form of transportation) if they meet the requirements as laid out in the Air Carrier Access Act (ACAA).
ADA law does NOT apply to housing or air travel.
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THERAPY ANIMAL
DEFINITION: A working animal that provides emotional support to a number of people through therapeutic visitation, assisting in trauma counselling, providing support in courtrooms for victims (especially children) who need to give a statement or testify, encourage physical therapy activity and assist in confidence with reading skills .TRAINING REQUIRED: Extensive training in Obedience and Manners
PUBLIC ACCESS PRIVILEGES: AS INVITED - Once a dog is certified through the organization they are going to work with (and therefore covered under their liability insurance), they are allowed in places such as hospitals, schools, rehabilitation centers and nursing homes upon invitation of the business or group.
We train to the standards set out by Therapy Dogs International (TDI), Delta Society/Pet Partners and Love on a Leash. (see more about the PAWsitive Hearts Therapy Program here)
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SERVICE ANIMAL
DEFINITION: A working animal (dog or miniature horse) that has been individually trained to assist their handler with a legally diagnosed disability. The task(s) performed by the dog must be directly related to the person's disability.TRAINING REQUIRED: Extensive work in Obedience and Manners, Public Access and Task Training
PUBLIC ACCESS PRIVILEGES: FULL - All handlers of a trained service animal are granted full access rights to have that animal accompany them. (The animals themselves do not have rights - it is the handler). Some states extend that to Service Dogs in Training as well but it does vary from state to state.
Handlers and their service animals must be allowed access to anywhere that the general public is allowed, that their presence would not fundamentally alter the course of the business. There are still exceptions to where a dog must be allowed such as sterile medical environments/burn units, private homes, private clubs, food preparation areas the public has no access to, places like federal agencies and religious institutions that are exempt from ADA law.
And YES you can be asked to leave if your service animal is not housebroken and under control (including excessive barking/whining, aggressive actions, disrupting other patrons of the business etc).
"Under control also means that a service animal should not be allowed to bark repeatedly in a lecture hall, theater, library, or other quiet place. However, if a dog barks just once, or barks because someone has provoked it, this would not mean that the dog is out of control."
Regardless of all the sites advertising "Take your dog everywhere!" - only SERVICE DOGS trained to assist their legally DISABLED handler are allowed in non pet-friendly places.
In 2011, the laws changed to specifically state that assistance animals that provide comfort or a calming influence to their handlers by their mere presence - while helpful indeed - are NO LONGER GRANTED PUBLIC ACCESS PRIVILEGES.
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| SCREENSHOT DIRECT FROM THE LATEST 2015 ADA FAQ |
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| SCREENSHOT DIRECT FROM THE LATEST 2015 ADA FAQ |
REGISTRATION HAS NO LEGAL STANDING whatsoever and using it to gain access to public places when your dog is not a service animal as defined by the ADA - can in an increasing number of states actually lead to fines or legal action for essentially claiming your pet is a service dog when they are not.
MORE INFO CAN BE FOUND HERE
Make sure whatever source you are using for your information is based directly off of the applicable laws and not a source of opinion or a website trying to sell you anything.
DEPT OF JUSTICE - 2015 ADA REVISED FREQUENTLY ASKED QUESTIONS
SERVICE AND EMOTIONAL SUPPORT ANIMALS - ADA NATIONAL NETWORK
SERVICE AND EMOTIONAL SUPPORT ANIMALS - ADA NATIONAL NETWORK
Thanks for the great article. The break down was perfect for me to determine which type of Support Animal I was in need of. I read a really article about the benefits of an emotional support animal after here: https://www.mypetcerts.com/blog/2016-11-26-benefits-of-an-emotional-support-animal
ReplyDeletePlease remove this graphic. It is a copyright infringement. Asset Rover is already aware and has removed the graphic, which is a copy of my original work with my copyright stamp removed. Thank you!
ReplyDeleteCindy Ludwig, MA, RN, CPDT-KA, KPA-CTP