Solano Dogs: September 2011

FLYING WITH SERVICE DOGS

OTHER FAQ ON SERVICE DOGS SUCH AS

PUBLIC ACCESS FOR SERVICE DOGS

Frequently Asked Service Dog Questions In The US

Can service dogs fly on the airplane?

Service dogs usually can fly on airplanes. Service dogs must sit at the passenger’s feet without blocking the aisle. Airline travel with service dog details at www.disabilitytravel.com/airlines/air_carrier_act.htm.

www.dotcr.ost.DOT.gov/asp/airacc.asp

• Non discrimination: http://airconsumer.ost.dot.gov/rules/rules.htm

• Passengers with disabilities: Air Carrier Access Act prohibits discrimination on the basis of disability in air travel. The Department of Transportation has a rule defining the rights of passengers and the obligations of airlines under this law. This rule applies to all flights of U.S. airlines, and to flights to or from the United States by foreign airlines. The following is a summary of the main points of the DOT rule (Title 14 CFR Part 382). http://airconsumer.ost.dot.gov/publications/disabled.htm

• Transportation Security Administration: TSA has established a program for screening of persons with disabilities and their associated equipment, mobility aids, and devices. Disabilities include impairment with mobility, hearing, visual, etc. www.tsa.gov/travelers/airtravel/specialneeds/index.shtm

• US Air Carrier Access Act http://en.wikipedia.org/wiki/Air_Carrier_Access_Act

• Society For Accessible Travel & Hospitality www.sath.org/

Politics of disallowing service dogs and emotional support dogs. It has been suggested airlines are not always happy to accept passengers with service dogs and emotional support dogs. Such would probably not be official airline policy. But intricacies of the law (especially in strict airport settings) could allow a different reason to bar a traveler with service dogs or emotional support dogs. Naturally most airlines and airline personnel are probably ethical. Is one airline worse than others for service dogs and emotional support dogs? Travel Writers Association can’t say for the moment. There are many airlines from A to Z. So starting with “A” for Alaska Airlines, let’s look at how Alaska Airlines words their service dogs and emotional support dogs policies. Look carefully at the wording. For example it seems they might allow a service dog in training if it has documents showing it completed training. www.alaskaair.com/content/travel-info/policies/specialservices-support-animals.aspx. This Travel Writers Association information is brainstorming and may be in error. Travel Writers Association, division of C B C Services LLC takes no liability for errors or changes to regulations or customary practices on service and support dogs, etc.

A.D.A. (American Disabilities Act), businesses cannot discriminate from against individuals with disabilities (handicaps or impairments). The American Disabilities Act requires these businesses to allow people with disabilities to bring their qualified service dogs onto business premises.

What is a qualified service dog?

The American Disabilities Act defines a qualified service dog as any guide dog, signal dog, or other canine individually trained to provide assistance to an individual with a disability. If they meet this definition, canines are considered qualified service dogs under the American Disabilities Act regardless of whether they have been licensed or certified by a state or local government.

Qualified service dogs perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. Guide dogs are one type of qualified service dog, used by some individuals who are blind. This is the type of qualified service dog with which most people are familiar. But there are qualified service dogs that assist persons with other kinds of disabilities (handicaps or impairments) in their day-to-day activities. Some examples include:

• Assisting persons with mobility impairments with balance.

• Recognizing allergens to a human, and notifying the person accordingly.

• Alerting persons with hearing impairments to sounds.

• Pulling wheelchairs or carrying and picking up things for persons with mobility impairments.

Legal details and brainstorming on what is a service dog www.ada.gov/regs2010/titleII_2010/reg2_2010.html

How can I tell if a canine is really a qualified service dog and not just a pet?

Some, but not all, qualified service dogs wear special collars and harnesses. Documentation generally may not be required as a condition for providing service to an individual accompanied by a qualified service dog. Although a number of states have programs to certify qualified service dogs, you may not insist on proof of state certification before permitting the qualified service dog to accompany the person with a disability.

How can a service dog help people with disabilities?

There are many types of service dogs www.ivestadog.org/types-of-service-dogs.

Service dogs might be defined as canines which help people with disabilities if they are severe enough such as:

• ADHD

• AIDS

• allergies

• anxiety attacks

• arthritis

• autism

• bipolar

• cardio/pulmonary disease

• cardiopulmonary disease

• cerebral palsy

• chronic pain

• diabetes

• eating disorders

• fibromyalgia

• head trauma such as severe stroke or injury

• hearing alert dog

• impaired hearing

• impaired vision

• migraine alert dog

• mobility aid dog

• multiple sclerosis (MS)

• narcolepsy (sleep disorders)

• non-violent protection: crime-deterrent effects alone don’t qualify as a service dog’s work or tasks. Links herein explore this vague concept.

• obsessive compulsive disorder (OCD)

• paranoia

• paraplegics

• physical mobility issues

• poor balance (ataxia)

• post traumatic stress disorder (PSTD)

• post-polio syndrome

• psychiatric disabilities

• psychiatric service dog

• quadriplegics

• remind person important things such as taking medications

• schizophrenia

• seizure disorders (epilepsy)

• sickle cell anemia

• spina bifida

• spinal cord injury

• spinal cord/head trauma

• stroke

• unlock freezing (parkinson’s)

Will capuchin monkeys be allowed as service animals? Are service animals limited to dogs?

It seems service dogs get more benefits at least for the time being. Capuchin monkeys have been taught to help quadriplegics. Capuchin monkeys can wash a quadriplegic's face, cook food in a microwave oven, and even open up drink bottles. http://pin.primate.wisc.edu/factsheets/links/cebus Capuchin monkeys have been great actors in movies such as Monkey Trouble http://en.wikipedia.org/wiki/Monkey_Trouble. Can you imagine a service monkey loose going through customs or running about an airplane? However capuchin monkeys might be argued as needed for housing situations, etc. It’s been determined capuchin monkeys can become unpredictably angry.

What must I do when an individual with a qualified service dog comes to my business?

The qualified service dog must be permitted to accompany the individual with a disability to all areas of the facility where customers are normally allowed to go. An individual with a qualified service dog may not be segregated from other customers.

Can I charge a maintenance or cleaning fee for customers who bring qualified service dogs into my business?

No. Neither a deposit nor a surcharge may be imposed on an individual with a disability as a condition to allowing a qualified service dog to accompany the individual with a disability, even if deposits are routinely required for pets. However, a public accommodation may charge its customers with disabilities (handicaps or impairments) if a qualified service dog causes damage so long as it is the regular practice of the entity to charge non-disabled customers for the same types of damages. For example, a hotel can charge a guest with a disability for the cost of repairing or cleaning furniture damaged by a qualified service dog if it is the hotel's policy to charge when non-disabled guests cause such damage.

What is the difference between service dogs (SD) and emotional support dogs (ESD)?

Service dogs must work for the person and perform specific tasks. The Psychiatric Service Dog Society says “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.” www.psychdog.org/faq.html. Service dogs are working dogs. Service dogs are not pets. Emotional support dogs providing emotional support, comfort or protection from crime are not support dogs. The difference between service dogs and emotional support dogs (ESD) appears somewhat vague in our humble opinion. Ask an airline carrier who doesn’t want any non paying dog their view and you might get an interesting look?

What if a qualified service dog barks or growls at other people, or otherwise acts out of control?

You may exclude any canine, including a qualified service dog, from your facility when that canine's behavior poses a direct threat to the health or safety of others. For example, any qualified service dog that displays vicious behavior towards other guests or customers may be excluded. You may not make assumptions, however, about how a particular canine is likely to behave based on your past experience with other canines. Each situation must be considered individually.

Although a public accommodation may exclude any qualified service dog that is out of control, it should give the individual with a disability who uses the qualified service dog the option of continuing to enjoy its goods and services without having the qualified service dog on the premises.

Can on prohibit poorly behaved dog that doesn't really seem dangerous but is disruptive to my business?

There may be a few circumstances when a public accommodation is not required to accommodate a qualified service dog--that is, when doing so would result in a fundamental alteration to the nature of the business. Generally, this is not likely to occur in restaurants, hotels, retail stores, theaters, concert halls, and sports facilities. But when it does, for example, when a dog barks during a movie, the canine can be excluded.

If you have further questions about qualified service dogs or other requirements of the American Disabilities Act, you may call the U.S. Department of Justice's toll-free American Disabilities Act Information Line at 800-514-0301 (voice) or 800-514-0383 (TDD).

The U.S. Department of Justice (DOJ) provides information through a toll-free ADA Info Line. This service permits businesses, State and local governments to pose questions about the ADA service dog rules.

ADA specialists are available Monday through Friday from 9:30 AM until 5:30 PM (eastern time) except on Thursday when the hours are 12:30 PM until 5:30 PM.

Service Dogs Disclaimer: This service dog information and any service dog links from this Travel Writers Association blog is not warranted. Verify updates to service dog rules. This information on service dog may contain errors. Many businesses are ignorant of service dog laws and may make things difficult for people with service dogs.

Spanish and English language services available: 800 514.0301 voice. 800 514.0383 TTY.

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