While many different animal species can be trained to perform tasks that aid individuals with disabilities—including pigs, cats, horses, monkeys and birds—by far, the most common service animals are dogs. Dogs can be trained to perform and variety of tasks, and their work helps individuals with disabilities and impairments lead more fulfilling and independent lives.
The use of emotional support animals and therapy animals has risen dramatically over the years and has provided an important benefit to many within the veteran community. A wide body of anecdotal evidence and scientific studies reflects what many already suspected—animal companionship can help support positive outcomes in physical and mental health.
However, with no governing body regulating the use or licensure of service animals, problems have arisen, often having the most negative impacts on individuals who rely on these animals to perform tasks related to their disability. With limited public understanding of the differences, some service animals have been unfairly and illegally denied access in public. In other cases, emotional support animals have wrongfully gained access to establishments under the guise of a service animal when they were not properly trained.
These three categories of assistance animals all perform different tasks and, as such, have different levels of public access protected by law.
Service animals:
Are covered by the Americans with Disabilities Act (ADA) and afforded rights to enter public establishments.
Are trained to assist a single person.
May live with owners regardless of pet policies under the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973.
May fly with their disabled owner in the cabin of an aircraft as part of the federal Air Carrier Access Act.
Therapy animals:
Provide emotional support or comfort to a number of different people in various settings (e.g., visiting hospital patients, comforting witnesses during court testimony or offering support to trauma survivors).
Are not considered a service animal under the law and are not covered by or afforded rights through the ADA.
Emotional support animals:
Provide emotional support through companionship.
May live with owners regardless of pet policies under the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973
Are not considered a service animal under the law and is not covered by or afforded rights through the ADA.
It is important to note these differences. Even though therapy animals and emotional support animals may be very well trained and properly behaved, they are still not qualified service animals and do not have the same access rights.
Some websites offer to—for a fee—add pets to a national registry of service animals. They may even provide special vests or identification cards. The problem is, however, that no such registry exists, and even with a vest, non-service animals are still not legally afforded the same access rights.
Rights and restrictions
According to the ADA, “service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities.” The dog must not be a pet but is to be specially trained to assist the handler with tasks directly related to his or her disability.
The ADA also notes that its definition of a service dog “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.”
Under the ADA, service dogs cannot be denied entrance to businesses (even food service establishments), state and local government facilities, or nonprofit organizations that serve the public.
However, service dogs must be under control at all times. This generally means they should be leashed or harnessed (unless these get in the way of the dog’s duties, in which case the dog must still be under the handler’s control).
The ADA mandates that a disabled person cannot be asked questions about his or her disability. The staff of businesses can only ask the following two questions to the handler of a service dog:
Handlers of service dogs cannot be charged more money because of their dogs nor can they be denied the rights and access granted to those without service animals. Disabled persons with service dogs can only be asked to leave the premises if the dog is out of control and cannot be corrected by the handler or if the dog is not house-trained. ....See More
