Service animals are an absolute blessing for those with disabilities and others who may need physical and emotional support. Given the widespread awareness, it is important to address some misconceptions that still exist, particularly regarding legal rights and accessibility. The guide we will review will discuss some common myths regarding service animals and the legal aspects tied to them.
Whether for yourself or a loved one who needs a service animal, reading this guide will be vital to distinguish between what is true and what is fiction regarding the legalities of owning a service animal. Here’s a look at everything you need to know.
Emotional Support Animals Have the Same Rights as Service Dogs
First, let’s address one of the most common misconceptions surrounding emotional support animals (ESAs): the belief that they have the same legal access rights as service dogs. While ESAs can provide emotional support and comfort, they are not considered service animals according to the Americans with Disabilities Act (ADA). Service animals like psychiatric service dogs differ from other service animals, such as those trained to guide people who are blind.
A psychiatric service dog is trained to perform specific tasks related to the individual’s disabilities. For example, they can access public places like restaurants, public transportation, retail spaces, and more. However, ESAs typically have limited public access rights and do not have the same broad protections as service dogs stipulated by the ADA.
Any Dog Can Be a Service Animal with Certification
This is where things can get tricky. Some believe that any dog can automatically become a service animal with proper certification. However, this is different. A service animal must undergo extensive and specialized training to assist its owner in managing their disabilities.
Certification does not solidify a dog’s legal status as a service animal. By reading the PSD certification guide via CertaPet, you can learn everything necessary regarding the certification process for service animals.
Psychiatric service dogs are trained to assess threats, comfort their owners in stressful situations, and even remind them to take medication on time. Check out the guide to understand the necessary steps to certify a dog as your service animal.
Businesses Can Ask for Documentation or Certification for Service Animals
One misconception to clear up is that businesses can demand documentation as proof of a service animal’s certification. The truth is that businesses cannot legally do this, as it can lead to conflict between business owners and the service animal’s handler. From a legal standpoint, it’s important to distinguish between service animals covered by the ADA and those that are not.
The ADA allows staff members to ask two questions: The first is whether the dog is a service animal required because of a disability. The second is to ask what specific task the dog is trained to perform. Therefore, there is no need to request documentation, certification, or proof of disability.
Service Animals Are Allowed Anywhere, No Exceptions
Finally, let’s address this tricky and somewhat confusing myth. Earlier, we mentioned that service animals might be granted access to public places like stores, public transportation, and restaurants. However, some public areas may legally restrict service animals. For example, sterile environments like operating rooms and food preparation areas are off-limits to service animals for health and safety reasons.
This also applies to areas that may also jeopardize the safety of the dog themselves. For example, the ADA states that areas where animals are on display that are the natural prey or predator of dogs may not be a safe place for a service dog and may be prohibited.
Expanding on the public transportation aspect, airlines may have different rules regarding service animals. Additionally, some policy changes have tightened regulations regarding ESAs. If you plan on traveling, it’s a good idea to research which airlines can accommodate you and your needs accordingly.
Service animals or ESAs may also be allowed if you are looking to rent a place. However, this may be dependent on the jurisdiction. Landlords do take things into consideration like allowing service animals before renting out properties to prospective tenants.
Final Thoughts
These four legal myths about service animals must be addressed to clear any confusion or potential conflict. If you need your service animal certified, make sure you check out the certification guide mentioned earlier. If you have further questions or concerns regarding service animal accessibility, consider consulting other resources or a disability lawyer.
