Service Animals
Dear Editor: This letter is written in response to a recent incident involving a local business denying access of services to a disabled individual and their service dog here in Sitka. This unfortunate event, along with past occurrences of discrimination regarding the laws behind the Fair Housing Act, have led me to find it necessary to give a brief overview defining what a service animal is, and describing the laws regarding reasonable accommodation to individuals with service animals when providing goods or services in a public business.
What is a service animal? Americans with Disabilities Act (ADA) Title III, 28 CFR Section 36.104, defines a service animal as any animal that is individually trained to do work or perform tasks for a person with a disability. Service animals are not pets. They are trained to enrich the lives of people with disabilities, increasing their mobility and independence. They are used as an assistive aid, the same as a wheelchair, sight cane, hearing aid, seizure alert, calming/redirecting aid or any other device that assists an individual experiencing a disability to live more independently.
In what businesses/organizations are service animals allowed? Titles II and III of ADA make it clear that service animals are allowed in public and private businesses that provide goods or services to the public to make “reasonable modifications” in their policies, practices, or procedures when necessary to accommodate people with disabilities. A service animal must be allowed to accompany the handler to any place in the building or facility where members of the public, program participants, customers, or clients are allowed. Even if the business or public program has a “no pets” policy, it may not deny entry to a person with a service animal and must modify the policy to allow service animals into their facilities.
What proof or documentation is required? Proof of training as a service animal is not required, nor are special jackets. The service animal must have tags and immunizations, be under the owner’s control and not pose an undue nuisance to others. Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. Safety requirements may be imposed only if they are necessary for the safe operation of a place of public accommodation. They must be based on actual risks and not on mere speculation, stereotypes, or generalizations about individuals with disabilities.
What are you allowed to ask? When a person with a service animal enters a public facility or place of public accommodation, the person cannot be asked about the nature or extent of his disability. Only two questions may be asked: (1) is the animal required because of a disability and (2) what work or task has the animal been trained to perform?
What are examples of discrimination? Discrimination includes a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling. A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence.
Under the Alaska Statute AS 11.76.133 Interference with the training of a service Animal (a) A person commits the crime of interference with the training of a service animal if the person intentionally prevents or restricts a person who is authorized to train a service animal from being accompanied by an animal that is identified as being in training to be a service animal or assesses an extra charge because of the animal in a public facility except as provided in the (b) and (c) of this section. Furthermore, interference with the rights of a physically or mentally challenged person is a class B misdemeanor.
When would it be acceptable to ask for removal of a service animal? The handler is responsible for the care and supervision of his or her service animal. If a service animal behaves in an unacceptable way and the person with a disability does not control the animal, a business or other entity does not have to allow the animal onto its premises. If the dog is disruptive, bites or jumps on customers, makes a mess on the floor, or wanders away from its owner, the establishment may ask the handler to remove the dog. However, the business should then offer reasonable accommodation to help provide service to the patron without their animal present. It is illegal for a Service Animal to be forcibly separated from the handler.
I would like to thank the businesses in Sitka who do strive to create a welcoming environment for all of their customers. For a more comprehensive understanding about the rights of individuals with Service Animals in employment, transportation, housing, and education, visit the ADA National Network webpage at ADATA.org to view their service animals booklet and fact sheet.
Tiffany Justice, Sitka
Interim Program Director
Southeast Alaska
Independent Living
