ADA and Service Animals
Some links to ADA information about Service Animals:
Commonly Asked Questions About Service Animals in Places of Business
http://www.usdoj.gov/crt/ada/qasrvc.htm
ADA Business BRIEF: Service Animals
http://www.ada.gov/svcanimb.htm
Printable version of above:
http://www.ada.gov/svcabrpt.pdf
U.S. Government Rules Governing Service Animals in Air Transportation
http://www.k9man.com/ACAA_federal_rules.htm
APIC State-of-the-Art Report: The implications of service animals in health care settings
http://www.petsandpeople.org/APICarticle.pdf
Advisory letter from the DOJ regarding service animals in hospitals and medical offices
http://www.usdoj.gov/crt/foia/tal302.txt
I actually have a question. I have a service dog who’s job requires she be off a leash. I have nothing to back up that fact, but she does get put on a leash when she is being walked off property. My landlord at my apartment complex is now threatening me with a violation letter on my housing. I have a daughter that has ptsd. When she gets out of control outdoors to the point that I can’t get ahold of her, by dog tackles her down without harming her. My dog cannot do that if she is leashed!! What can I do??
Dear April – Contact the organization from whom you obtained your service dog. They should give you some support on this. The other thing is, if this is your daughter’s service dog, have you considered a waist tether for her? That would satisfy the leash requirement. You may need to stay closer to your daughter, or put the dog on a longer leash. You can get a 30′ lead at most pet shops, and certainly online. You will be able to figure out how to keep the leash coiled until you need to let it go. Join IAADP [http://www.iaadp.org/] and see if you can get some support from them. The ADA regulations should cover your problems with your landlord, too. It is obvious that you will need to do some education with him – to help him understand your needs and your daughter’s need, the laws applicable, etc. Check your state’s law regarding service dogs. I think, though, of all the solutions above, the 30′ lead would be the easiest in the short term.
Here in VA the animal must be under rigorous control. Here that can include electronic leash (training collar) or verbal/visual control IF the animal follows it’s commands reliably. The electronic leash satisfies most local authorities. My seizure dog needs to operate off leash at times. Most new businesses (new to ME) balk at first, but after seeing the do’s behavior they usually accpt the situation. Download, print and laminate a publication called: “ADA Business BRIEF: Service Animals”. Show this to people and explain that an electronic leash is better that a physical leash in many respects. On my dog Ashi I have disabled the shock part of the controller. All he needs is the beep and he will immediately stop and look to see what I want.
People can check the laws in their state here: http://animallaw.info/
Some municipalities have separate laws, but these should be compatible with both the Federal ADA and the state law.
Thanks. She has always been well under control. A great dog, always right where I can see her, comes when I call. She was not only to help with my depression and anxiety, but her job with the children required her to be off leash. My daughter was hurt by her dad, and would go into some sort of panic where she would run around crying thinking her dad was chasing her. I have had to send my dog to get ahold of her on several occasions cause I just could not catch her. Zeena would always get her stopped and calmed down enough that I could bring her into the house and we could have our talks about her being safe where she is, and to come to me if she thinks someone is trying to get her. Anyhow, Zeena is back in Wyoming and she has a great life. I got tired of fighting with my management, so I sent her to where she knows and can be off leash all the time.
Please tell me what state you live in? Your landlord seems to be in clear violation. If you state your case to your landlord more than once and they refuse to cooperate you can file a title two complaint under the ADA. If they try to expel you because you have filed a complaint that will likely cause them so much trouble the owners will likely hire a new manager. If you send me your info I will send complaint forms, instructions for filing them, etc. Please keep in mind that in court it will not be you versus them. It will be the people of the US vs them. All you have to do is file a complaint. the legal suit will be filed by the US Department of Justice. Also there are lines they can cross and the DOJ will consider your treatment by them to be a hate crime.