This thread is being created as a source of information for those who do not understand the basic ins and outs of the legal rights of service dog handlers.
I am not usually so presumptuous, but I would really appreciate it if this thread could be made into a sticky. We go 'round and 'round on service dog issues on this forum with relative frequency, and it's tiring to type it out over and over again.
First up, the difference between an emotional support animal and a service dog.
An emotional support animal is just like it sounds. It offers emotional support to its handler. These animals are exempt from "no pets" rules in rental housing and are allowed to fly on planes. While SOME states may grant them public access in every day stores, most do not, and the handler can legally be asked to remove their dog from the store.
A service dog is a dog trained in specific tasks that mitigate the disability of its handler. The ADA was recently amended, and the only animals legally allowed to be assistance animals are dogs and, in some cases, miniature horses (they have a separate provision).
A handler with a trained service dog has public access rights into ANY area the public is normally allowed (planes, trains, and automobiles, shops, movie theaters, etc).
In the United States of America, there is no registering body for service dogs. Because of this, "official paperwork" may not be required by anybody to "prove" a dog is a service dog. It doesn't exist. Though some service dog organizations may print out paperwork for clients that graduate from their school, all the paper means is that the dog was obtained from and trained by that organization. There is also no requirement in the United States that service dogs must be identified in any way, so dogs are allowed to go into stores and work "naked" (collar and leash must be used, of course).
For the record, I'm personally not interested in arguing on this thread, I'm just giving information. Some people feel it should be required for dogs to be identified and registered, yadda yadda yadda. All I'm here to tell you right now is that legally neither of the aforementioned things are required.
Next up, "safe guards" for shop owners and the like.
Things store owners are allowed to ask a service dog handler:
Is that a service dog?
What tasks does the dog perform to mitigate your disability? (and variations thereof)
Proper responses from a handler:
Yes
(Using my animal as an example) My dog assists me by pulling me in a wheel chair, acting as a brace, and picks up objects that I have dropped or cannot reach.
PLEASE NOTE that "My dog keeps me from being anxious" is not an acceptable response. A dog simply being present to keep somebody from being anxious is not a trained task, and thus the dog does not qualify as a service dog.
What a store owner may NOT ask/do:
What is your disability?
May I see your dog's paperwork proving it is a service dog?
Your dog is not identified as a service dog, so you'll need to remove the dog until it is identified.
Proper responses from a handler:
I'm sorry, but it is illegal for you to ask me that question. It is a violation of my privacy and you do not need to know the nature of my disability.
There is no registering body of service dogs in this country, and it is not legal for you to require to see paperwork for me to gain access with my service dog.
There is no legal requirement in this country stating that service dogs must be identified in any manner. You cannot require me to identify my dog.
There are certain cases in which a service dog may legally be excluded from being in attendance, such as in sterile environments like an operating room. The dog may not be excluded from the lobby/waiting room, because those are places the general public is allowed, but it may not go anywhere where it may introduce pathogens that could be harmful to patients (another such example is the ICU).
If a service dog is acting up in public (eliminates on the floor, is causing a disturbance, or is being a threat to other patrons), the handler may be asked to remove the dog, but the handler must be allowed to return, sans dog. That said, the dog cannot be barred from a place of business permanently based on what it did the LAST time it was present. The dog can only be judged at the time it is in attendance.
Link to the ADA section about service dogs:
http://www.ada.gov/service_animals_2010.htm
FAQ for SDs in places of busines:
http://www.ada.gov/qasrvc.htm
And now, spectator etiquette!
When you see a service dog:
1. Do just that...SEE the service dog. Do not talk to it, do not try to pet it, do not bother the dog. The dog is there to work, not for your amusement.
2. If you see someone with a service dog and you MUST say something, acknowledge the HANDLER, not the dog, and please continue to follow rule #1. Do not say "What a beautiful dog!" and then immediately bend over to get in the dog's face, and proceed to tell it how beautiful and helpful it is. First of all, it's extremely rude, and secondly, while all service dogs should be able to handle ANYTHING, some dogs will take this as a threat, and you could get bitten. If you wouldn't do it with a strange dog you saw on the street, you shouldn't do it to the working dog!
3. Don't automatically assume a handler is blind.
4. To go along with #3, don't assume the handler is blind, and then tell your child it is ok to pet the dog, because the handler won't be able to see. I can't tell you how other handlers will react, but I will verbally eviscerate you, because that is NOT COOL!
5. Do not accuse a person of not having a real service dog because they are not blind. Not all disabilities are visible.
6. Admire, but do not gawk. It is not polite to stare, and that extends to staring at the dog. This includes doing things like pointing out the dog to your child (unless you plan on educating the child). So incredibly rude and obnoxious.
7. Do not get mad when a handler does what they need to do to protect their partner. If this includes yelling at you or your child, so be it. I personally try to be very diplomatic, and give people a chance to back off...but if you're going to stalk me around the store and get in my way while I'm shopping, you are not going to be met with a happy person.
8. To go with #7, respect the space of the handler and the dog. This doesn't mean we expect people to move out of our way or significantly alter how they are shopping. All it means is that we would appreciate it if you would LOOK where you're walking. If the handler says "excuse me", please give them some room to pass. You would do the same for a person without a service dog, wouldn't you?
9. You don't have to like it that the dog is in the store, but as long as the dog is a legitimate working animal, there's nothing you can do about it. Being nasty won't help anybody. Just tolerate the dog, do what you gotta do in the store, and be on your way, like any other day.
10. Do not scream when you see the dog. The dog is there to work, and really couldn't give two craps about you. They will walk by you as if you don't even exist. They will not (should not) bite you or otherwise bother you. As far as they're concerned, you're little more than a utility pole in the middle of the aisle.
11. It does not matter where you see the dog or what the dog is doing. It doesn't matter if the dog is in a static position (sitting, standing, or laying on the floor). The dog is working at ALL TIMES. The dog is not taking a break. The dog is doing as the handler requested, and is holding that position for a REASON. Do not distract the dog from its task. Interfering with a working service dog is an illegal offense!
12. Control and EDUCATE your children! Explain to them that they cannot run up to strange dogs (this is a good rule of thumb anyway), and explain WHY they cannot run up to strange dogs. If your child gets away from you to go after the dog anyway, PLEASE be sure to APOLOGIZE to the handler! Also explain to the child that the dog is a "helper/working dog". Do not tell them what kind of work the dog does, because you don't know.
Not all service dog handlers are blind. Telling the child every time you see a service dog that the handler is blind, or is only a helping trainer teaching the dog to help the blind becomes a perpetual string of misinformation. That child will pass it along to another, and another, and another, and eventually, one of them will likely accuse a handler that ISN'T blind of being a fake.
13. Reiterating rule #1!!!! My dog is medical equipment. Please do not talk to my dog. You wouldn't talk to a wheelchair, you shouldn't talk to my dog.
Talking to my dog also includes extending praise to my dog. You have no right to praise my dog or give my dog commands. Why? Because aside from the fact that he is WORKING, he is MY dog, not YOUR dog.
I understand that you're trying to be kind, but what you're really being is RUDE! It is also much, much easier for my dog to ignore someone touching them (I will reiterate that you need to not touch my dog either), but it's pretty doggone hard to ignore somebody that's in your face, and there comes a realistic point where I can no longer be mad at the dog for responding to his environment.
Admire all you want. Ask me questions if you feel comfortable doing so. But do not. Talk. To my dog.
I am not usually so presumptuous, but I would really appreciate it if this thread could be made into a sticky. We go 'round and 'round on service dog issues on this forum with relative frequency, and it's tiring to type it out over and over again.
First up, the difference between an emotional support animal and a service dog.
An emotional support animal is just like it sounds. It offers emotional support to its handler. These animals are exempt from "no pets" rules in rental housing and are allowed to fly on planes. While SOME states may grant them public access in every day stores, most do not, and the handler can legally be asked to remove their dog from the store.
A service dog is a dog trained in specific tasks that mitigate the disability of its handler. The ADA was recently amended, and the only animals legally allowed to be assistance animals are dogs and, in some cases, miniature horses (they have a separate provision).
A handler with a trained service dog has public access rights into ANY area the public is normally allowed (planes, trains, and automobiles, shops, movie theaters, etc).
In the United States of America, there is no registering body for service dogs. Because of this, "official paperwork" may not be required by anybody to "prove" a dog is a service dog. It doesn't exist. Though some service dog organizations may print out paperwork for clients that graduate from their school, all the paper means is that the dog was obtained from and trained by that organization. There is also no requirement in the United States that service dogs must be identified in any way, so dogs are allowed to go into stores and work "naked" (collar and leash must be used, of course).
For the record, I'm personally not interested in arguing on this thread, I'm just giving information. Some people feel it should be required for dogs to be identified and registered, yadda yadda yadda. All I'm here to tell you right now is that legally neither of the aforementioned things are required.
Next up, "safe guards" for shop owners and the like.
Things store owners are allowed to ask a service dog handler:
Is that a service dog?
What tasks does the dog perform to mitigate your disability? (and variations thereof)
Proper responses from a handler:
Yes
(Using my animal as an example) My dog assists me by pulling me in a wheel chair, acting as a brace, and picks up objects that I have dropped or cannot reach.
PLEASE NOTE that "My dog keeps me from being anxious" is not an acceptable response. A dog simply being present to keep somebody from being anxious is not a trained task, and thus the dog does not qualify as a service dog.
What a store owner may NOT ask/do:
What is your disability?
May I see your dog's paperwork proving it is a service dog?
Your dog is not identified as a service dog, so you'll need to remove the dog until it is identified.
Proper responses from a handler:
I'm sorry, but it is illegal for you to ask me that question. It is a violation of my privacy and you do not need to know the nature of my disability.
There is no registering body of service dogs in this country, and it is not legal for you to require to see paperwork for me to gain access with my service dog.
There is no legal requirement in this country stating that service dogs must be identified in any manner. You cannot require me to identify my dog.
There are certain cases in which a service dog may legally be excluded from being in attendance, such as in sterile environments like an operating room. The dog may not be excluded from the lobby/waiting room, because those are places the general public is allowed, but it may not go anywhere where it may introduce pathogens that could be harmful to patients (another such example is the ICU).
If a service dog is acting up in public (eliminates on the floor, is causing a disturbance, or is being a threat to other patrons), the handler may be asked to remove the dog, but the handler must be allowed to return, sans dog. That said, the dog cannot be barred from a place of business permanently based on what it did the LAST time it was present. The dog can only be judged at the time it is in attendance.
Link to the ADA section about service dogs:
http://www.ada.gov/service_animals_2010.htm
FAQ for SDs in places of busines:
http://www.ada.gov/qasrvc.htm
And now, spectator etiquette!
When you see a service dog:
1. Do just that...SEE the service dog. Do not talk to it, do not try to pet it, do not bother the dog. The dog is there to work, not for your amusement.
2. If you see someone with a service dog and you MUST say something, acknowledge the HANDLER, not the dog, and please continue to follow rule #1. Do not say "What a beautiful dog!" and then immediately bend over to get in the dog's face, and proceed to tell it how beautiful and helpful it is. First of all, it's extremely rude, and secondly, while all service dogs should be able to handle ANYTHING, some dogs will take this as a threat, and you could get bitten. If you wouldn't do it with a strange dog you saw on the street, you shouldn't do it to the working dog!
3. Don't automatically assume a handler is blind.
4. To go along with #3, don't assume the handler is blind, and then tell your child it is ok to pet the dog, because the handler won't be able to see. I can't tell you how other handlers will react, but I will verbally eviscerate you, because that is NOT COOL!
5. Do not accuse a person of not having a real service dog because they are not blind. Not all disabilities are visible.
6. Admire, but do not gawk. It is not polite to stare, and that extends to staring at the dog. This includes doing things like pointing out the dog to your child (unless you plan on educating the child). So incredibly rude and obnoxious.
7. Do not get mad when a handler does what they need to do to protect their partner. If this includes yelling at you or your child, so be it. I personally try to be very diplomatic, and give people a chance to back off...but if you're going to stalk me around the store and get in my way while I'm shopping, you are not going to be met with a happy person.
8. To go with #7, respect the space of the handler and the dog. This doesn't mean we expect people to move out of our way or significantly alter how they are shopping. All it means is that we would appreciate it if you would LOOK where you're walking. If the handler says "excuse me", please give them some room to pass. You would do the same for a person without a service dog, wouldn't you?
9. You don't have to like it that the dog is in the store, but as long as the dog is a legitimate working animal, there's nothing you can do about it. Being nasty won't help anybody. Just tolerate the dog, do what you gotta do in the store, and be on your way, like any other day.
10. Do not scream when you see the dog. The dog is there to work, and really couldn't give two craps about you. They will walk by you as if you don't even exist. They will not (should not) bite you or otherwise bother you. As far as they're concerned, you're little more than a utility pole in the middle of the aisle.
11. It does not matter where you see the dog or what the dog is doing. It doesn't matter if the dog is in a static position (sitting, standing, or laying on the floor). The dog is working at ALL TIMES. The dog is not taking a break. The dog is doing as the handler requested, and is holding that position for a REASON. Do not distract the dog from its task. Interfering with a working service dog is an illegal offense!
12. Control and EDUCATE your children! Explain to them that they cannot run up to strange dogs (this is a good rule of thumb anyway), and explain WHY they cannot run up to strange dogs. If your child gets away from you to go after the dog anyway, PLEASE be sure to APOLOGIZE to the handler! Also explain to the child that the dog is a "helper/working dog". Do not tell them what kind of work the dog does, because you don't know.
Not all service dog handlers are blind. Telling the child every time you see a service dog that the handler is blind, or is only a helping trainer teaching the dog to help the blind becomes a perpetual string of misinformation. That child will pass it along to another, and another, and another, and eventually, one of them will likely accuse a handler that ISN'T blind of being a fake.
13. Reiterating rule #1!!!! My dog is medical equipment. Please do not talk to my dog. You wouldn't talk to a wheelchair, you shouldn't talk to my dog.
Talking to my dog also includes extending praise to my dog. You have no right to praise my dog or give my dog commands. Why? Because aside from the fact that he is WORKING, he is MY dog, not YOUR dog.
I understand that you're trying to be kind, but what you're really being is RUDE! It is also much, much easier for my dog to ignore someone touching them (I will reiterate that you need to not touch my dog either), but it's pretty doggone hard to ignore somebody that's in your face, and there comes a realistic point where I can no longer be mad at the dog for responding to his environment.
Admire all you want. Ask me questions if you feel comfortable doing so. But do not. Talk. To my dog.