A service animal walks into a bar…accompanied by an individual with a disability. The manager says the bar does not allow pets. After explaining the animal is a service animal, the manager asks to see documentation proving that the animal is a service animal.
There are many misconceptions regarding service animals and emotional support/therapy animals. As an intake advocate with DRA, I receive numerous calls requesting information on how to determine if an animal is a service animal or an emotional support/therapy animal. Under the Americans with Disabilities Act (ADA), a service animal is defined as “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 key word in the above definition is trained. A service animal must be trained, either by the individual or a professional trainer. If an animal has not been trained to perform a specific task, the animal is not considered a service animal under the ADA. If an individual has an animal that comforts them by its mere presence, or petting the animal calms them, that animal is an emotional support/therapy animal. While a service animal may accompany an individual with a disability to any place where members of the public are allowed, an emotional support/therapy animal may not.
There are two questions that can be asked of an individual with an animal:
- Is the animal required because of a disability?
- What work or task has the animal been trained to perform?
If the animal performs a task, then the animal is a service animal and must be allowed to accompany the individual. A service animal does not have to wear a vest, patch, or special harness identifying it as a service animal, nor does the animal need a special certification or license. An individual utilizing a service animal does not have to provide any information beyond answers to the above questions.
To deny an individual access to a public facility.
A service animal walks into a bar accompanied by an individual with a disability. The manager says the bar does not allow pets. After explaining the animal is a service animal, the manager asks to see documentation proving that the animal is a service animal.
There are many misconceptions regarding service animals and emotional support animals. As an intake advocate with DRA, I receive numerous calls requesting information on how to determine if an animal is a service animal or an emotional support animal. Under the Americans with Disabilities Act (ADA), a service animal is defined as “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 key word in the above definition is “trained.” A service animal must be trained, either by the individual or a professional trainer. If an animal has not been trained to perform a specific task, the animal is not considered a service animal under the ADA. If an individual has an animal that comforts them by its mere presence, or petting the animal calms them, that animal is an emotional support animal. While a service animal may accompany an individual with a disability to any place where members of the public are allowed, an emotional support animal may not.
There are two questions that can be asked of an individual with an animal:
- Is the animal required because of a disability?
- What work or task has the animal been trained to perform?
If the animal performs a task, then the animal is a service animal and must be allowed to accompany the individual. A service animal does not have to wear a vest, patch, or special harness identifying it as a service animal, nor does the animal need a special certification or license. An individual utilizing a service animal does not have to provide any information beyond answers to the above questions.
To deny an individual access to a public facility due to their service animal is discrimination. Additional information about service animals can be found at the links below.
https://disabilityrightsar.org/category/service-animals/
https://adata.org/publication/service-animals-booklet
Christy Furqueron is an intake advocate at DRA.