Service Animals Under the ADA Pacific ADA Center 1

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1 Service Animals Under the ADA 2017 Pacific ADA Center 1

2 Pacific ADA Center Toll Free: (V/TTY) Pacific ADA Center 2

3 Service Dogs The number of dogs being used by persons with disabilities in the United States has been estimated at 30,000 Dogs are being trained and used for a much wider variety of assistance to individuals with disabilities The new Title II and III regulations define qualifying tasks more broadly than in the past Wounded warriors may want to use service animals 2017 Pacific ADA Center 3

4 ADA Requirements Virtually the same standards apply for Title II and Title III for the use of service animals Pacific ADA Center 4

5 Service Animal Access Individuals with disabilities shall be permitted to be accompanied by their service animals in all areas of facilities where members of the public are allowed to go, including services, programs or activities Pacific ADA Center 5

6 Summary of Service Animal Definition 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, intellectual, or other mental disability Companionship does not constitute work or tasks Pacific ADA Center 6

7 More Information on the Full Definition The work must be directly related to the individual s disability. Work of the dog need not be physical. It may be responding to brain-based disorders like autism or psychiatric disorders; e.g., discerning distress Pacific ADA Center 7

8 Work or Tasks : Physical Examples of work or tasks for physical disabilities: Navigation for individuals with Low Vision Alerting Deaf/Hard of Hearing persons to other people and sounds Retrieving items such as medicine or phone Providing support and assistance with balance and stability Assistance during a seizure 2017 Pacific ADA Center 8

9 Work or Tasks : Psychological /Emotional Examples of work or tasks for individuals with psychological or emotional disabilities Prevent/interrupt impulsive or destructive behavior Help individual with dissociative identity disorder to remain grounded 2017 Pacific ADA Center 9

10 Is Comfort or Companionship Work or a Task? The definition says, no. The provision of emotional support, well-being, comfort, or companionship [without more] does not constitute work or tasks for the purpose of this definition. The ability to soothe is not work Pacific ADA Center 10

11 Permissible and Impermissible Proof A service animal is not required to wear a special collar, harness, or license A service animal is not required to have papers or license certifying its training Proof of compliance with city/county health laws --- may be required Pacific ADA Center 11

12 Permissible and Impermissible Proof Ask the handler: Is this a service animal required because of disability? What specific tasks has the animal been trained to perform? Cannot inquire about the nature of the handler s disability 2017 Pacific ADA Center 12

13 Permissible and Impermissible Proof Only if answers to the two questions are not acceptable: Pass questioning up the line for more interactive communication If the animal is excluded, record basis for exclusion and make sure the person knows he/she remains welcome without the dog 2017 Pacific ADA Center 13

14 Service Animal Rules A service animal shall be under the control of its handler A service animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability or would interfere with the service animal s safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler s control (e.g., voice control, signals, or other effective means) 2017 Pacific ADA Center 14

15 Service Animal Conduct A public entity may ask an individual with a disability to remove a service animal from the premises if the animal is out of control and the animal s handler does not take effective action to control it or the animal is not housebroken 2017 Pacific ADA Center 15

16 Permissible and Impermissible Rules Exclusion can occur if an animal s behavior poses a direct threat to the health or safety of others This must be based on actual risk and not on potential risk or generalizations Disruption Behavior Noise 2017 Pacific ADA Center 16

17 Permissible and Impermissible Rules A hotel, restaurant, etc. may not charge a deposit, surcharge, an advanced or unequal cleaning fee or any other fee to an individual with a disability as a condition to allowing the service animal to accompany the individual Pacific ADA Center 17

18 Service Animals Service animals are working. Do not pet, feed or speak to a service animal Pacific ADA Center 18

19 Miniature Horses This is an accommodation and can be required to go through documentation Allowed if Reasonable Individually trained Assessment factors Type, size, weight Handler s control Whether housebroken Safety requirements of facility 2017 Pacific ADA Center 19

20 Service Animals as a Reasonable Accommodation Service animals may be considered a reasonable accommodation on the job but only if the task(s) they perform cannot be accommodated in other ways by the employer Pacific ADA Center 20

21 In Other Settings, Is There a Duty to Admit Emotional Support Animals? Titles II and III are about court houses, government buildings, and public accommodations, not housing or transportation. Fair Housing Act and Air Carrier Access Act are concerned with other settings where emotional support may be appropriate. Nothing prohibits a public entity from allowing current or former military members or anyone else with disabilities to utilize emotional support animals if it wants to do so Pacific ADA Center 21

22 Fair Housing Act (FHA) U.S. Departments of Justice (DOJ) and Housing and Urban Development (HUD) are jointly responsible for enforcing the Fair Housing Act (FHA). April 2013 HUD guidance on assistance animals: Generally, a housing provider is required to waive a rule banning pets as an accommodation due to disability on a case-by-case basis DOJ regulations do not affect the provisions and applicability of the Fair Housing Act, or HUD s application of Section 504 to HUD jurisdiction Pacific ADA Center 22

23 HUD Rules Individuals with disabilities may make a request for reasonable accommodation use of an assistance animal These animals are in addition to dogs that are service animals Could probably limit scope to domestic animals and exclude exotic animals such as reptiles Included emotional support/assistance animals 2017 Pacific ADA Center 23

24 Not Pets Under HUD rules, companion animals are still more than just a beloved pet Must be an individual with a disability The requested animal must be necessary for the requestor to have an equal opportunity to use and enjoy the dwelling or participate in a housing program There must be a nexus between the disability and the service, even if passive, that the animal provides 2017 Pacific ADA Center 24

25 Questions 2017 Pacific ADA Center 25

26 Service Animal Case Example in Higher Education U.S. Department of Education Office for Civil Rights (OCR)

27 Portland State University Facts Hearing-impaired student had a professionally trained hearing dog Responds to a number of triggers like smoke alarms and someone knocking on her door Once triggered, the dog will lie across her and lick her face until she gets up and responds 2017 Pacific ADA Center 27

28 Portland State University Complaint to OCR Facts Service animal owners cannot live in carpeted rooms Service animal owners must put a sticker on their doors, like one dog 2017 Pacific ADA Center 28

29 Portland State University Facts In effect, a sticker announced that the occupant had a disability Student felt this was the cause of unexplained, intermittent, knocking on her door at night, in the middle of the night, which triggered the dog to awaken her and materially interfering with her sleep 2017 Pacific ADA Center 29

30 Portland State University Facts The University s response was inadequate Proposed things like other signs on her door Did not take effective steps to catch the culprit Was very slow to recognize this as disability harassment Was not helpful to her moving out 2017 Pacific ADA Center 30

31 Portland State University OCR Settlement Resolution - The University agreed to: Provide students with service animals the full range of comparable housing made available to others, including housing with carpet. Not limit disabled students in their enjoyment of their university housing by requiring them to disclose their disability to other students, such as by requiring students [with] service animals to place signage at their university residence Pacific ADA Center 31

32 Portland State University OCR Settlement The University also agreed to: Tighten up its grievance procedures generally, for better coordination between programs, and to investigate the student s claim about whether the knocking was disability harassment and who was doing it, etc Pacific ADA Center 32

33 Questions 2017 Pacific ADA Center 33

34 Pacific ADA Center Toll free hotline: 1 (800) adatech@adapacific.org Website: We offer: Technical Assistance Materials Listserv Training 2017 Pacific ADA Center 34

35 Thank You! Please complete your evaluations 2017 Pacific ADA Center 35