Service dogs in St. Paul are amazing. They have been extensively trained, live strict but loved lives, and take care of their owners like truly no one else can. The dogs’ abilities to detect seizures, pick up dropped items, and even warn owners of impending stroke or heart attack make these dogs literally life savers.
With all the amazing things these animals can do, it’s no wonder we have learned to accept them in places we usually wouldn’t, like a restaurant or the office. But there is a growing cynicism towards service and support animals in general, and mostly because of misunderstanding, and I’ll admit that I used to be one of these people.
I was not raised in a house with pets, and I never could understand the “emotional support animal“. I could understand a seeing eye dog or a dog that assists with the hearing impaired, but these are obvious needs that a dog could help with. When I would see articles about an emotional support pig or bunny, I would roll my eyes.
The Best service animal laws in Minnesota
Sadly, some people are asking whether "service animal" laws are being abused by those who want to scam the system.
There have been news stories, articles, opinion pieces and other editorials where people rant and complain about people they believe to be abusing the system. You hear some complain that they had to sit near a dog at a restaurant that they don't believe is a "real" service dog, or others complain that their neighbors have a pet in a "no pet" building because they claimed the animal is an emotional support animal.
Some of the commentary has an indignant tone, and some people are downright angry.
How does this affect those who legitimately own and use a service animal to better their lives? In many ways.
For one, it can it more difficult to navigate bureaucracy of the world when your claim of a disability and your service or emotional support animal's status is questioned. If a landlord or business owner has heard negative stories claiming that some people are abusing the system, it can cause them to look suspiciously at all claimants.
But that percentage of abuse, which in the area of service animal laws is hopefully small, is arguably a very small price to pay when compared to the higher goal of promoting access and equality for all.
In the end, you cannot control any system to make it 100% abuse proof. So tolerating the few people who scam service animal laws is the price we gladly pay to ensure that the disabled in the great state of California have equal access under law.
How Do I Certify My Service Dog?
The ADA (Americans with Disabilities Act) legislation, enacted in 1990, is so vague that it has created two classes of service animals. The first is for animals that perform a specific task - Guide Dogs for the blind, wheelchair assistance, hearing dogs, and animals that can detect medical emergencies, like seizures, and summon help. These dogs have been specifically trained for their service mission.
The problem is the second classification - emotional support animals. All animals - lizards, chickens and snakes - can be designated service animals because they lend emotional support to the owner. In most cases they have no task-specific training. While this definition is currently under review, it has placed an enormous burden on those people who truly have a Service Animal.
Bringing your Service Dog into a restaurant, theater, or other public venue can also create some problems unless you can explain that your dog is allowed access under Federal law. Of course this means that you animal must be suited for crowded environments and trained to act properly around people. This is another case where a Service Dog ID Card will be of value.
Can School Districts Prevent Autism Service Dogs From Attending School With a Child?
I'm often asked how you register or certify your service dog, the answer is "You Don't". Companies that claim to register or certify your animal without training are simply taking advantage of the handicapped to make a dollar. In 1990 the Americans with Disabilities Act (ADA) went into effect which gives handicapped persons with service animals legal protection to be accompanied by the animal in public places.
Understanding the ADA
So lets first define what a service animal is, According to the ADA, an animal is considered a service animal" if it has been "individually trained to do work or perform tasks for the benefit of a person with a disability." As you see, the word certify or registered doesn't appear in the law. As a matter fact the US government does not register, certify, license or approve any animal.
So What's a Service Dog Owner to do?
First, make sure you meet the definition of a disabled person and that your dog is specially trained to perform tasks related to your disability. Trying to pass off your pet as a service animal is a federal offense and comes with severe penalties. Outside of the two requirements spelled out in the ADA you don't have to do anything. If you feel identifying your service dog will make your life easier then purchase a quality photo service dog tag, vest with patches or a cape.
Emotional support animal
Do you have a child with PDD or autism that is receiving special education services? Are you considering, getting an autism service dog for your child, and you wonder what the school's reaction will be? Have you been refused to have an autism service dog attend school with your child and wonder what the law says about it? This article will discuss the requirements for school districts allowing autism service dogs to enter public school buildings, with a child that they are working with.
Autism Service Dogs help children with autism in several ways: the dog can assist children safely access different environments, the dog can be a calming influence, the dog can work on interrupting repetitive behavior by nudging the child, the dog can prevent the child from wandering away (by a tether), and the dog can track the child when they have wandered. Side effects of the dog is that children with autism that have one tend to be calmer and also tend to interact in social situations better than children with autism that do not have a dog.
The newest tactic used by school districts is that the dog cannot be in the class due to another child's allergies. I think that this argument will not hold up in court due to the fact that the child can be placed in another class, the child could take medication if bothered by the dog, and other ways to limit the child's contact with the dog.
The ADA is clear; public schools must allow service dogs to attend class with a child. Several courts have ruled that it is a violation of the ADA to refuse to allow the dogs in class with a child with autism. If you are considering this for your child you must understand what the school's position may be, and how to overcome it, for the benefit of your child's education! Your child is depending on you to advocate for what they need! Good luck in your fight!