Talk of The Villages Florida - Rentals, Entertainment & More
Talk of The Villages Florida - Rentals, Entertainment & More
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I have read a lot of posts regarding service animals, and there is a lot of disinformation out there. As the owner of a service animal, I thought I'd share some information as sort of a PSA.
Service animals are covered under the Americans with Disabilities Act (ADA). According to the ADA, service animals are: [*]Dogs [*]Any breed and any size of dog [*]Trained to perform a task directly related to a person’s disability (Beginning on March 15, 2011, only dogs are recognized as service animals under titles II and III of the ADA. There is a separate provision for miniature horses, but I will not be discussing those here.) Service animals are not: [*]Required to be certified or go through a professional training program [*]Required to wear a vest or other ID that indicates they’re a service animal [*]Emotional support or comfort dogs, because providing emotional support or comfort is not a task related to a person’s disability I know there is some confusion because some people that are not disabled bring their dogs everywhere and just call them "service animals". To be clear, in order for you to have a service dog, you need to have a disability, and the dog needs to be trained to help mitigate that disability. For example: [*]A person who uses a wheelchair may have a dog that is trained to retrieve objects for them. [*]A person with depression may have a dog that is trained to perform a task to remind them to take their medication. [*]A person with PTSD may have a dog that is trained to lick their hand to alert them to an oncoming panic attack. [*]A person who has epilepsy may have a dog that is trained to detect the onset of a seizure and then help the person remain safe during the seizure. There are no certifications or licenses or IDs you show for service animals. The ADA defines none, and anyone who sells you one is selling you snake oil, and anyone who asks for one is simply misinformed about the law. So how do you know if a dog is legitimately a service dog? The short answer is - you don't. Service animals are trained for public access, so if a dog is lunging towards people, growling, or generally being a nuisance, chances are they are not a service animal. Owners are able to train their own animals, and professional training is not an ADA requirement. Training involves two aspects - service training, or the training to perform the task that will mitigate your disability, and public access training, which essentially is how to behave in public. There are many trainers out there than can assist service dog owners, and many training "certifications" that certify the dog meets some sort of criteria. These are very helpful, but they are not required by the ADA. What can a business do to verify that a service animal is legitimate? The law allows business to ask service animal owners two questions: You may ask: [*]Is the dog a service animal required because of a disability? [*]What work or task has the dog been trained to perform? You are not allowed to: [*]Request any documentation that the dog is registered, licensed, or certified as a service animal [*]Require that the dog demonstrate its task, or inquire about the nature of the person’s disability A business can ask someone to remove their service animal if: [*]The dog is not housebroken. [*]The dog is out of control, and the person cannot get the dog under control. Some other items business need to consider, according to the ADA: [*]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 generally 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 for or supervision of a service animal. I am not here to debate whether any of this is a good or bad idea. I am simply stating what the law is, and if there are parts of the law that do not make sense or could use improvement, I would urge you to contact your elected representative and advocate for a revision to the ADA. As a beneficiary of this law, I find it very clear, concise, and easy to follow. I hope this clears up some of the confusion regarding service animals and how they are treated in TV. I have been welcomed everywhere I have gone with my service animal, and I appreciate everyone respecting us and not interfering with our enjoyment of TV. Please feel free to post any questions you may have regarding service animals, and I will do my best to answer them. |
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