Guys;  let's clear the air and find out exactly what is allowed and what is not?  Whom can own service dogs, whom can own service/protection trained dogs?  What is the law?

Can Service & protection dogs still be allowed to be in the public?  Where and when?  Love my Canine has been doing this for years, Hugh, can you help us out here?

I'm not aware of any laws about service dogs or protection dogs, other than that people with disability(ies) have a right to take their service dog (that is specifically trained to help them with their disability(ies)) with them anywhere they go.   

I think only certain trainers/training schools forbid combining protection training with service dogs.  

correct me if I'm wrong. 

That  may be true Euro;  possibily a liability??  Not sure.  Am wondering if is different for different states also?  HOpefully Love my Canine will chime in.  Last I read from Delta Society it was (like written in the ninetes or something) they could go anywhere/anytime you the person was allowed.??  We'll see.  Thx  Nan

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

Service Animals

The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, clarify and refine issues that have arisen over the past 20 years and contain new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards).

Overview

This publication provides guidance on the term “service animal” and the service animal provisions in the Department’s new regulations.

• Beginning on March 15, 2011, only dogs are recognized as service animals under titles II and III of the ADA.
• A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability.
• Generally, title II and title III entities must permit service animals to accompany people with disabilities in all areas where members of the public are allowed to go.

How “Service Animal” Is Defined

Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, 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 anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify 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 animal” under the Air Carrier Access Act.

Some State and local laws also define service animal more broadly than the ADA does. Information about such laws can be obtained from the State attorney general’s office.

Where Service Animals Are Allowed

Under 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 normally allowed to go. For example, 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 appropriate to exclude a service animal from operating rooms or burn units where the animal’s presence may compromise a sterile environment.

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’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.

Inquiries, Exclusions, Charges, and Other Specific Rules Related to Service Animals

• When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.
• Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to 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 different locations within the room or different rooms in the facility.
• A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal 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 prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises.
• People with disabilities who use service animals cannot be 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 deposit or fee to be paid by patrons with pets, it must waive the charge for service animals.
• If a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may also be charged for damage caused by himself or his service animal.
• Staff are not required to provide care or food for a service animal.

Miniature Horses

In addition to the provisions about service dogs, the Department’s revised ADA regulations have a new, separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.) Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. The regulations set out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.

For more information about the ADA, please visit our website or call our toll-free number.

ADA Website

www.ADA.gov

To receive e-mail notifications when new ADA information is available,

visit the ADA Website’s home page and click the link near the top of the middle column.

 

ADA Information Line

800-514-0301 (Voice) and 800-514-0383 (TTY)

24 hours a day to order publications by mail.

M-W, F 9:30 a.m. – 5:30 p.m., Th 12:30 p.m. – 5:30 p.m. (Eastern Time)

to speak with an ADA Specialist. All calls are confidential.

For persons with disabilities, this publication is available in alternate formats.

Duplication of this document is encouraged. July 2011

Service Dogs are protected by ADA.  It is my understanding that SDIT (Service Dogs In Training) are *not* protected and that whether they are allowed in public depends on the state's laws (and of course the merchant themselves could allow dogs in their store even if the state does not mandate it).  An SDIT is *not* the same as a Service Dog and is basically the same as a pet, legally, however I find that most merchants allow them as they allow SDs even in places where they would not allow a pet (or, they are just not aware that in most places the dog does not automatically have public access rights while it is in training).

I don't understand combining "service/protection trained" dogs.  A Service Dog is a Service Dog (see next paragraph).  A protection trained dog is just like a pet (legally) that has protection training; they have no rights for public access, only a Service Dog does.

A Service Dog is a dog that is trained to perform specific tasks that mitigate the handler's disability.  The handler must be *legally disabled* and the dog must be able to demonstrate specific tasks that mitigate their disability.

Therapy dogs, protection dogs, PPDs, ESAs....these are *not* service dogs and while they may be allowed access to certain places based on the merchant/owner of that business or place they do not have public access rights as a Service Dog under ADA.

Thank you VomBuflod  GSD and VKGSD for the updated information.  Does help to clarify some points. 

VKGSD:  I would think that the protection part to be one of their jobs as a service dog.  JMO, for me at least.  Thx  again,  Nan

I had read that protection trained dogs were not allowed to participate on search and rescue teams. 

Yes I have heard the same thing but I think it is the individual clubs etc that make their own rules possibiy for liability reasons??  Not sure. 

 I would think that the protection part to be one of their jobs as a service dog.

If you mean bitework, this is incorrect.  In fact, bitework is heavily frowned upon in the service dog community.

NO Zeph, I am talking PPD to go along with a mobility service dog.  Nan