How can I ID Service Dogs in a public establishment?

mariahleadme

According to the US Department Of Justice,(the agency charged with enforcing the ADA) there are three questions you can ask of a person entering an establishment with what looks like a service animal:

1. Is that a service animal?
2. Is the service animal required because of a disability?
3. What mitigating task(s) is the animal trained for?

www.ada.gov/svcanimb.htm

There are no federal requirements for any type of identifying collars, leashes, vests or harnesses, although most (most) legitimate service animal handlers will have a vest or harness on their dog that will set them apart from the "pet set".

Most (most) legitimate service animal handlers will respond when asked any of the allowed questions.

The behavior of the animal is usually a dead giveaway as to whether or not it is a legitimate service dog. All legitimate service dogs are very well trained, and will not be sniffing around, barking, lunging on the leash, tugging or pulling, sticking noses in crotches, eating off the floor or table or any other offensive actions. A legitimate service dog will sit or lay quietly and obediently by their handler without being intrusive. If the dog is unruly or causing a disruption, then the handler can be legally asked to remove the dog.

The biggest complement we get when I am out with my wife and her Guide dog is when we get ready to leave where we have been, and her Guide gets up from under the table or chair, and someone says "Wow. I didn't even know there was a dog in here." That is the mark of a true legitimate service dog----being "invisible" until needed.

Kirsten R

The surest way to identify them is by their demeanor. It typically takes two years of training to produce a service dog, so a real service dog should reflect that level of training with his professionalism.

If it is not obvious from the dog's behavior or from markings on the dog such as a cape or special harness, then it is entirely legal for you to ask. "I need this dog" is not the appropriate answer from the dog's owner. They must identify the dog as a service dog.

"Businesses may ask if an animal is a service animal or ask what tasks the animal has been trained to perform, but cannot require special ID cards for the animal or ask about the person's disability." http://www.ada.gov/svcanimb.htm

Frankly, if someone who is clearly an employee approaches me I automatically state, "This is my service dog." It's a time saver. But I also put a cape on my service dog so it's pretty clear I intend for people to understand he is a service dog, not a pet. Please note that capes or other markings are not required and cannot be required under federal law. ID cards cannot be required under federal law. But answering the two questions above IS. Here are two court cases where the courts held that a business person is permitted to ask these two questions as a condition of access to the business:
Grill v Costco http://servicedogcentral.org/content/node/199
Thompson v Dover Downs http://servicedogcentral.org/content/node/234

A person who doesn't mark their dog as a service dog is going to have to expect people to ask. It just isn't reasonable to get huffy about it. Even with my dog's cape people ask and I don't find a polite inquiry upsetting.

You can get more information about your rights and obligations under the ADA from the U.S. Department of Justice's ADA information line toll-free at 800 - 514 - 0301.

bj2circeleb

By law you can ask is the dog a service dog, are you disabled (but not what is your disability) and what tasks has your dog been trained to perform. It is the trained tasks which is really what defines whether a dog is a service dog or not. You can legally refuse access to someone who refuses to ask these questions and/or does not answer them to your requirements, providing they are reasonable. A person flashing an ID card, etc is usually not a legitimate SD as real SD users will not do so. The law does not allow you to ask for ID and there are unfortunately many places selling them over the internet for free, sight unseen!! You also have a right to ask anyone who's dogs is misbehaving, ie. barking during a movie, to take the dog outside. It is important that you ask them to take the dog out, and not ask them to leave. They are then allowed to reenter without the dog. Basically you can refuse access to a disruptive dog, but not the person with the dog. Hence you need to be clear that you are asking them to take the dog outside and not for them to leave.

Most legimate service dogs will have some form of identifying coat, vest, harness, etc and they will be impeccibley behaved. You cannot ask them to leave because the dog was not walking on a lead the way a service dog should, although from what you have described, I doubt the dog is a trained service dog. If they did aswer the task question you would have to allow them entry, but the second the dog did something wrong, ie. barking, then you could have asked them to remove the dog. There are people who are deaf and do use a dog for hearing purposes. These dogs would and should be very clearly identifiable, and are usually in a bright orange lead and collar as well as a bright orange vest. Yes, it would be difficult for these people to communicat with you, but they are able to, and any legimate person would. I think the case you describe was of a person trying to pass off a pet as a service dog. The simple reality is that just becasue a person has a disability it does not entitle them to take any dog with them. The dog must be trained to perform tasks to help with activities of daily living which the person is unable to do for themselves because of their disability.

Keller

This is a very fragile situation. Most service dogs should have a harness on that identify them and if they don't I would handle it the same way you did

nedoglover

from the way you explain it, it seems to me that the dog is a possibly a hearing dog & the guy may have been deaf. just so that you know, though most handlers have a vest or harness on their dog, it is not required by federal law. another way to handle it is to ask if it is a pet. anyone who got a service dog from a reputable agency knows to respond as saying it is a service dog. or, you can ask if it is a certified service dog. you have to understand that the guy may have had a bad day & it gets very annoying to hear the same questions over & over again. I am a trainer so i don't have any visible disabilities & people try to kick me out of stores a lot because it is not providing a service to me.

Mujer Alta

All service dogs must wear a vest identifying them as service dogs. Even puppies in training have special identifying vests. No vest=not a service dog, not legally. The customer may have "needed" his dog to be with him.....maybe he didn't want to risk it being stolen if he'd tied it outside....but that doesn't make it a service dog.

IceBreaker27

I'm pretty sure it's illegal to even question someone with a service dog. Not all owners of service dogs use a harness or put the dog in a special vest. Yes, a seeing eye dog will often use a special harness - but not, for example, a dog trained to detect pre-seizure activity.

The way you acted is risking a suit against your employer.

Kathy Battani

I saw a service dog for seizures in a restaurant this morning drinking from half and half containers and licking the table. I was appalled, can the owner of this restaurant claim this as a health threat?

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