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!
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."
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.
The only thing registering your pet as an Emotional Support Dog does is put you on that companies registry. People have registered everything from paper clips to plastic dinosaur toys to prove that there is NO regulation behind this and it is just a money making business.
