spiritdogs
Posted : 1/1/2011 8:31:27 AM
jennie_c_d
A service dog is legally a dog that is trained to perform tasks that mitigate a disability. A disability is legally something that stops you from living a normal life. If you live a normal life with your medication, a service dog is not what you need. An emotional support animal does not carry the same rights as a service animal, and does not need to be trained to perform tasks to mitigate a disability. It will often be allowed in housing, though. That sounds more like what you need. Very different, legally.
You are incorrect. As of July, this is the definition of a service dog: "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, sensory, psychiatric, intellectual, or other mental disability."
The fact that a person is also getting benefit from medication does not preclude them from utilizing a service dog. However, this is also part of the definition: "The
crime deterrent effects of an animal´s presence and the provision of emotional support, well-being, comfort, or
companionship do not constitute work or tasks for the purposes of this definition." So, the dog must actually perform tasks related to the disability, but just emotional support isn't going to cut it. Housing may allow the ESD, but if you get a service dog, you are guaranteed public accommodation anywhere, with the possible exception of certain areas of hospitals. More info on the service dog issue: http://www.iaadp.org/
IAADP has an outline of training standards suggested for service dogs, and a good list of tasks that they can be trained to perform for various disabilities.
If our OP wishes to have a service animal, it must perform specific tasks that are related to the disability, such as medication reminders, or preventing destructive behavior on the part of the disabled person. this organization advocates for people with psych service dogs: http://www.psychdog.org/
It's a federal crime to pass a pet off as a service dog, but it's not necessary to have a professionally trained dog. It's still legal to train one yourself, if you are able, but the standards are getting tougher because of all the people who simply wanted a pet and used their disability to get one, regardless whether they actually used the dog for more than "emotional support." Tricky issue, but I always err on the side of the disabled person who needs help until I'm proven wrong, which is exactly what the courts do. The only thing a business owner can ask a disabled individual is whether the dog is a service animal, and what tasks it has been trained to perform. (They cannot require you to show them by asking the dog to do a task, but that doesn't mean that you won't be held to that standard if someone contests your dog in court, or if you end up there to defend your right to public access.)