6 Animals

6 Animals aetrahan Fri, 02/24/2023 - 10:38

6.1 General Principles

6.1 General Principles aetrahan Fri, 02/24/2023 - 10:38

Animals have an important role in the lives of individuals with disabilities, whether the animal is a service animal or an emotional support/comfort animal. The way an animal is categorized informs what role the animal plays for the individual. It is important to know the difference between the categories of animals because different rules apply to their ability to present in court.

Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA. Other species of animals, whether wild or domestic, trained or untrained, are not considered service animals either. The work or tasks performed by a service animal must be directly related to the individual’s disability. It does not matter if a person has a note from a doctor that states that the person has a disability and needs to have the animal for emotional support. A doctor’s letter does not turn an animal into a service animal.

It is also important to note that there are limitations to animals being permitted in public spaces, even if they are service animals under the ADA. If the animal is not well-behaved and responsive to commands or if the animal is not housebroken, the animal may not be permitted to remain in the public space. For these reasons, it is even more important for the individual to be clear about what the animal does and whether it is actually a service animal. If an animal’s actions threaten the health and safety of other people, it may also be asked to leave. However, allergies or fear of dogs are insufficient reasons to have a service animal removed. If an individual has an allergy to dogs and it is necessary for that individual to be in a space with the service animal, both people should be accommodated by assigning them to different areas where it may be possible to have enough separation that they are both permitted access.

6.2 Service Animals

6.2 Service Animals aetrahan Fri, 02/24/2023 - 10:41

6.2.1 Definition

6.2.1 Definition aetrahan Fri, 02/24/2023 - 10:41

A service animal is an animal that is trained to provide a service to assist an individual with a disability. Under the ADA, a service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.1  The work or tasks performed by a service animal must be directly related to the individual's disability. Tasks may include, but are not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to sounds, pulling a wheelchair, retrieving dropped items, turning switches on or off, assisting during a seizure, reminding a person to take medication, pressing an elevator button, or providing physical support and assistance with balance and stability. A crime deterrent provided by the animal’s presence or the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of meeting the definition of a service animal.2

Many people with disabilities use a service animal in order to fully participate in everyday life. Dogs can be trained to perform many important tasks to assist people with disabilities. The ADA requires state and local government agencies, businesses, and non-profit organizations  that provide goods or services to the public to make “reasonable modifications” in their policies, practices, or procedures when necessary to accommodate people with disabilities.3  This includes courts and other state buildings. The service animal rules fall under this general principle. Accordingly, entities that have a “no pets” policy generally must modify the policy to allow service animals into their facilities.

6.2.2 Examples

6.2.2 Examples aetrahan Fri, 02/24/2023 - 10:42

Examples of animals that fit the ADA’s definition of “service animal” because they have been specifically trained to perform a task for the person with a disability:

  • Guide Dog or Seeing Eye® Dog is a trained dog that serves as a travel tool for persons who have severe visual impairments or are blind.
  • Hearing or Signal Dog is a dog that has been trained to alert a person who has a significant hearing loss or is deaf when a sound occurs, such as a knock on the door.
  • Psychiatric Service Dog is a dog that has been trained to perform tasks that assist individuals with disabilities to detect the onset of psychiatric episodes and lessen their effects. Tasks performed by psychiatric service animals may include reminding the handler to take medicine, providing safety checks or room searches, or turning on lights for persons with Post Traumatic Stress Disorder, interrupting self-mutilation by persons with dissociative identity disorders, and keeping disoriented individuals from danger.
  • SSigDOG (sensory signal dogs or social signal dog) is a dog trained to assist a person with autism. The dog alerts the handler to distracting repetitive movements common among those with autism, allowing the person to stop the movement (e.g., hand flapping).
  • Seizure Response Dog is a dog trained to assist a person with a seizure disorder. How the dog serves the person depends on the person’s needs. The dog may stand guard over the person during a seizure or the dog may go for help. A few dogs have learned to predict a seizure and warn the person in advance to sit down or move to a safe place.

In addition to the provisions about service dogs, the Department of Justice’s revised ADA regulations allow for miniature horses that have been individually trained to do work or perform tasks for people with disabilities, where reasonable.1  Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds. There are four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility: (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.

6.2.3 Identifying Service Animals

6.2.3 Identifying Service Animals aetrahan Fri, 02/24/2023 - 10:44

An individual with a service animal is not required to register the animal or have paperwork proving that the animal provides a service. A service animal is not required to wear a vest or other identifying items signaling that it is a service animal. Only two questions may be asked of an animal handler:

(1) Is this a service animal required because of a disability?

(2) What work or tasks is the animal trained to perform?

The ADA prohibits further inquiry into either the individual’s disability or other specifics regarding the animal that would necessarily reveal the nature or extent of the individual’s disability. The reason the law limits questioning to only these is to avoid discrimination on the basis of a disability and to avoid inquiries into protected information, such as medical conditions.

6.3 Emotional Support/Comfort Animals

6.3 Emotional Support/Comfort Animals aetrahan Fri, 02/24/2023 - 10:44

An emotional support/comfort animal is an animal that is not specially trained to provide a service. Rather, the mere presence of the animal provides comfort or emotional support that may ease the individual’s signs and symptoms.

An emotional support animal may of any species, but is not trained to perform work or tasks related to a person’s disability. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA.

The use of an emotional support animal in a court setting will be entirely dependent upon the nature of the animal’s presence, the potential for the presence of the animal to disturb the proceedings themselves, and the benefit of having the animal present. For instance, if having a small dog sitting in your client’s lap will help ease the client’s anxiety and allow for more coherent and compelling testimony, it may be a good idea to request that the court to permit the small dog into the courtroom. However, if the animal is not well behaved and will cause a disruption, the benefit will not outweigh the harm caused and the court could rightfully request the dog be removed.

6.4 Sheriff Dogs

6.4 Sheriff Dogs aetrahan Fri, 02/24/2023 - 10:45

In this context, a sheriff dog refers to a dog that may be present in the courtroom or the courthouse for the role they fill for the sheriff’s department. The department typically uses dogs to detect drugs, explosives, or other public safety threats. These dogs are not present for the benefit of individuals with disabilities and due to their training cannot be utilized as such. If it is suggested that these dogs can be used in place of a service or emotional support animal, you should educate the court about what the service or emotional support animal provides for the individual with disabilities and point out that a sheriff’s dog cannot fill that role.

In a few courts, a service animal has been denied entry to the building because the sheriff dog was present. In at least one instance, court personnel suggested that the sheriff dog could fill the role of the service animal. This situation arose due to a lack of understanding of what the service animal was for and what function the service animal performed. While this particular suggestion is unusual, it is is important to be aware as it demonstrates some of the incorrect ideas many individuals may have about service animals. A sheriff dog does not replace the functions that a service dog performs. Further, the presence of a sheriff dog in the building should not prevent the entry of a service dog without a showing that one or both animals will be at serious risk of harm due to a lack of training or other reason.