By Destiny Escobar, service dog trainer
Sharing this, because there’s a lot of illegal advice being given in large breed groups lately any time anyone mentions an apartment or pet restrictions.
Its sad that it has to be said, but here we are.
(photo: Me and my service dog in training
Service dogs, the access allowances, and housing exceptions, are a provision created so that disabled individuals are able to receive help from highly trained dogs and miniature horses that are specifically taught tasks that mitigate that person's disability, keeping them safe, offering life saving support, and assistance that let's them have a measure of independence impossible any other way. - Destiny Escobar
ScAM
Trying to use the scam website registries to misrepresent your pet as a service animal is wrong on so many levels, and punishable by law in 23 sates.
You don’t think stealing parking passes and pretending to need a wheelchair is ok, but you are faking being disabled when you fake your pet as a service dog. And aside from being morally dispicaicable, it is actually criminal in 23 states.
Penal Code 365.7 introduced back in 1995. Those pretending to be an owner of a service dog is a criminal misdemeanor punishable by a fine of up to $1,000 and/or up to six months' imprisonment- California law
The amount of comments urging someone to do this to avoid finding appropriate housing is getting crazy.
As a trainer of service dogs, a long time service dog user, and someone very well versed in service animal law, I'm going to try to clear up any confusion.
THE OFFICIAL REGISTRATION SCAM
There is no official federal registration or certification in the united states for service dogs or emotional support dogs.
Any sold online certifications are scam sites that are a major problem for legitimate service dog handlers. Since we only have so much room, fellow Dane service dog handlers feel free to comment below with why these fake registries are an issue.
SERVICE DOG
What makes a service dog a service dog is
Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person's disability.
There is no second option!
That's it. It takes years of training and dedication to develop a service animal.
ESA
An emotional support dog also does not have registration in the u.s., they are prescribed by an attending mental health professional for those that have a psychiatric condition, live in non pet housing, and can benefit from the companionship of an animal.
Any animal can be an esa. However, an emotional support dog by law does not have access like a service dog does to public places, with the exception of living in non pet housing and flying on planes. They are pets and require no special training.
THE THERAPY DOG
Therapy dogs are the only ones who do have certification and testing, through orgs like Therapy Dogs International. They are for the comfort of others, such as in hospitals, schools, etc., and are not allowed in public places that a pet is not, aside from the afore mentioned hospital, school, library, etc where they have been specifically invited. I hope this helps, since I've seen a lot of incorrect information recently.
ADA Definition of a service animal
“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.” ADA.GOV
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.
Q&a
Feel free to ask any questions. I do ask that only experienced service dog handlers answer any questions if I miss them.
But the moral of this novel is, please don’t misrepresent pets as service dogs, it has real life repercussions and is not a victimless crime.
About the Author:
Destiny is a service dog handler, animal trainer, and pet photographer. She lives with her husband and service dog in training, Knightly, in Illinois, working together to raise awareness about the struggles that service dog handlers and those with disabilities face, and how best to help. If you would like a peek into the raising of a service dog, you can follow Knightly's training on instagram, @the.knight.watch Www.instagram.com/the.knight.watch