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Hello fellow Thermopolis residents! Most of you know me as well as my Service Dog Maui. I thought I would write this Letter to the Editor as a way to help you understand service dogs and the laws around them, specifically the ADA (American Disability Act).
The questions that should be asked if it is not obvious a dog is a SD are: is the dog a service animal and required for a disability? The second question is: what work or task has the dog been trained to perform? Dogs who are wearing guide or mobility harnesses or observed directly helping their handler should not be stopped by people since the dogs job is apparent. Service dogs can be trained for many things and be any breed of dog.
Staff cannot ask about the person’s disability, require medical documentation, require an identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task. Businesses also may not demand a service dog have specific gear on as each handler uses the gear that best suits their needs. Allergies and fear of dogs is not a valid reason to deny access, and a SD can’t be removed unless the dog is out of control and the handler does not take action to regain control or if the animal is not housebroken. People with service animals cannot be treated any differently than any other guest in the establishment. The establishment cannot charge fees or deposits for a SD. If there is damaged caused, the handler is responsible to pay for that damage.
In a restaurant, the dog will generally lay down under the table to remain out of the way. However if the space is inadequate, the handler may place the dog elsewhere out of any walkways. You cannot feed your service dog in a restaurant. The dog must remain where the dog has been placed unless an alert or task is required.
ESA or Emotional Support Animals-
Legally an ESA is a pet, and should be left at home due to the lack of training in tasks that specifically mitigate that handlers disability. They may be good for you at home and you feel that it is a necessity to bring them out to the public places, however that is considered misrepresenting your dog as a service dog. ESAs may go where pets are allowed.
There are places that will sell you documentation over the internet, that will sell cards or certificates or even offer letters. These are fake and should not be accepted. Landlords and businesses should know the ADA, though landlords also need to know and follow the Fair Housing Act.
A SD will remain with their handlers at all times in establishments, focusing on their handler and job. They will not approach other dogs, nor react to the mere presence of another dog. A pet will be all over the place, eat things, bark at other dogs, be distracted easily and does not do tasks for the handler. Also when you ask the handler the two most important questions they will either tell you that you can’t ask that or get defensive with their responses if they are faking.
More information can be found by searching online for the ADA FAQ which leads to an easy to read and navigate format of the ADA.
Bobbi Watkins
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