Assistance Dogs: What They Are and What Rights You Have
by Dana Mitchells
Most people know what guide dogs are and what they do. But some may not know the capabilities of "man's best friend" extend far beyond helping a blind person get around. Service dogs are being used in increasing numbers, making their partner's life safer, more comfortable, and most importantly, more independent.
As defined by the ADA, "Service animal means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling awheelchair, or fetching dropped items." (ADA Regulation, Title III, Sec.36.104 - Definitions)
While some states require special certification or identification, federal law (which supersedes state law) does not. Service dogs might or might not have special collars, capes, harnesses, or other identifying equipment. And depending on whether or not a person has been through a program or self-trained their dog, they might or might not have special id. All service dogs are required however to have all locally required rabies and other id tags, but often municipalities will waive the fees due to the special job these dogs perform. Since they assist people with both visible and invisible disabilities, a person with a service dog might not "look" disabled, but they are still protected under federal law.
Service dogs, go through intensive training programs with or without their prospective owners, called "handlers." Many breeds are used, with the most common being Golden and Labrador retrievers, German shepherds, and Border collies. However, dogs all the way from Chihuahuas to Newfoundlands are used depending on the duties required of the dog.
With most programs, dogs start out with puppyraisers, foster homes where the dog is given basic obedience training, socialization, and evaluated for soundness and temperment. If it passes this phase without being "career changed" (flunked) then it goes on to advanced training. Upon graduation, depending on the program, the dog is either paired with a handler and on-site team training begins, or the dog is taken to the handler's home and training is finished there.
While the term service dog applies to dogs that assist the disabled, the categories that these dogs fall under are very separate:
Training a service dog on the average costs an organization $10,000 or more. This includes the cost of the dog (and not all dogs make it), training, health care, and other expenses. One concern some may have is the price of obtaining a service dog. The good news is many organizations provide service dogs for free. The bad news? Some charge thousands of dollars. A few insurance companies cover the cost of obtaining a service dog, though this is rare. (Please check with your insurance provider to see if this is available to you.) If this is not an option, then you can try to obtain community support so that you may have the security of living a fuller, independent life with your new companion. Ideally, it is best to "shop around" to see what options are available to you before deciding on one particular organization to get your dog from.
Other people choose to self-train their dogs. This isn't an option for the novice, however, because the training is very specialized and dogs frequently flunk out due to health, temperment, and training problems before they ever reach "trained" status.
Fortunately, anyone interested in learning more doesn't have to look very far. There are often local chapters of organizations that promote and provide service dogs. There are also major organizations that can be found online, or which you can contact directly. Here are a few of them:
Guide Dogs For the Blind, Inc.
Founded in 1942, they provide guide dogs free of charge to the blind and
visually impaired throughout the US and Canada.
Main office is in San Rafael, CA
Phone (toll free): 800-295-4050
Canine Companions for Independence (CCI)
Founded in 1975, they provide hearing dogs and assistance dogs. There is a
$100 registration fee, but there is no charge for the dog itself.
Headquarters are located throughout the country, with their main office in
Santa Rosa, CA
Paws With A Cause (PAWS)
(Formerly Ears for the Deaf)
Founded in 1979, they provide hearing dogs, assistance dogs and seizure
dogs.
Main office is located in Moline, MI
New Horizons Service Dogs (NHSD)
They provide assistance dogs for the mobility-impaired. Based in Florida, they have puppyraisers and trainers throughout the eastern US.
Service dog handlers are granted special rights by federal law that pet dog owners do not enjoy. Service dogs are not pets. Therefore, you are entitled to take your service dog with you anywhere you go that is a publicly accessible facility or business. You cannot be denied residence anywhere, even if there is a "no pets" policy. The Americans with Disabilities Act (ADA) passed by the Civil Rights Division of the United States Department of Justice, makes it illegal for a person with a disability with a service dog to be denied access to any public place or service. Many communities have laws prohibiting persons from passing off pet dogs as service dogs, and some states even grant puppies in training (PIT's) the same access rights as fully trained service dogs.
According to a representative at the ADA Information Line, the ADA typically supersedes a local or state law. If you are in doubt about where ADA law applies, or if you have any questions to laws pertaining to service dogs, you can contact the ADA Information Line toll free at 800-514-0301 (or 800-514-0383 for TDD users).
The Association of the Bar of the City of New York published a pamphlet entitled "Access Rights of People with Disabilities and Their Service Animals," which specifies federal laws concerning service dogs. According to these laws, you cannot be refused service at:
You are also entitled full access to public transportation, such as buses, trains, and taxis. To read these laws in greater detail, go to http://www.abcny.org/servanim.htm and there you will also find where to complain if your rights are violated. The site also lists additional organizations that provide service dogs. The ADA home page can be found at http://www.usdoj.gov/crt/ada/adahom1.htm to view these rights and specific terms relating to these rights. The link http://www.usdoj.gov/crt/ada/qasrvc.htm contains common questions some may have about these rights. A joint task force by the DOJ and National Association of Attorneys General put out a FAQ about service animals that can be found at: http://www.usdoj.gov:80/crt/ada/animal.htm
While this article has provided information on assistance dogs and advice for prospective handlers, anyone who does not require the assistance of such a dog needs to remember something very important: NEVER talk to, call, whistle, pet, feed, or otherwise distract a service dog while its working, under ANY circumstances. Distracting a service dog while its working can not only endanger the safety of its handler, but also earn the dog a "correction" for inappropriate behavior. Asking to pet a service dog is equivalent to asking to pet someone's cane - a service dog is doing an important job and isn't there for your benefit. Ingore service dogs and puppies in training and teach children to NEVER pet a dog without asking first. One of the biggest complaints service dog handlers have is "phantom" petting, where a person will hold out their hand and stroke the dog as they go by. This is a dangerous practice for both the petter and the handler, because there are rare instances where service dogs have perceived such contact as a risk to their handlers and growled or even snapped at the petter.
Bottom line is, if you see a service dog in public, appreciate it from afar. If a service dog comes into your place of business, make sure you are educated on the law to prevent a costly denial of access lawsuit, and if you see an access violation in progress, volunteer to be a witness for the handler. It's difficult to believe, but there are still business that don't know the law. And one day, it could be one of your loved ones using a service dog.