Once Again – What A Service Dog Is and Isn’t
Ziggy, a Mobility Service Dog (Courtesy: MobilityDog.org)
You still see the stories: a restaurant refuses to serve a handler with a service dog; a wetlands trail tries to enforce a “No Dogs” rule, ignoring the rights of a service dog handler; a retail store clerk grabs a service dog’s leash and tries to pull the animal out of the store.
Even though the use of service dogs continues to increase, considerable confusion remains over the rights of service dog handlers and their animals. Even the terms used to designate the functions and roles of assistance animals, service animals, emotional support animals, and emotional therapy animals befuddle people.
Assistance Animal Lexicon
Assistance animals fall into three categories:
A service animal provides assistance related to a person’s disability and enjoys broad access to public locations under the Americans with Disabilities Act (ADA). Service dogs have received advanced training, compared with the training afforded most dogs. Service Dogs are trained and working but are not certified or registered. A service dog is considered a medical device and has 24/7 access. (Source: ADA.gov)
An emotional support animal provides assistance to an owner with a psychological disability but is not required to have any specific training. Their access to public spaces is more limited than that available to service dogs. An ESA has no access rights but with a doctor’s note can stay rent-free at their owner’s home if renting. The landlord can refuse ESA or any dogs that are ill-mannered.
A therapy animal usually assists professionals, such as nurses, counselors, and therapists, by calming and providing comfort to patients. These animals may have varying levels of training, compared with the typical pet. A therapy animal must be certified after completing an intense training protocol. A therapy animal does not have 24/7 rights and is restricted to certain areas of the hospital and care facilities.
How Well Do People Recognize Service Dogs?
Three Poodle Service Dogs (Courtesy: MobilityDog.org)
Contrary to popular belief, service dogs may wear harnesses or vests identifying them as service animals, but they are not required to do so. Moreover, handlers are not required to carry any kind of certification or documentation of their dogs’ training. When a service dog’s role is not obvious, only two clarifying questions are permissible:
Is the dog required because of a disability?
What work or task has the dog been trained to perform?
Impermissible inquiries include questions about the person’s disability, the requirement to show medical documentation or proof of the dog’s training, or requests that the dog demonstrate its ability to perform a task.
Researchers from the veterinary medicine schools of North Carolina State University and Colorado State University used an online survey to explore public perceptions regarding service dogs, emotional support dogs, and therapy dogs. The survey results indicated that:
A high proportion of respondents said they were very comfortable or somewhat comfortable (87.4%) defining the term “service dog.” Only about 13% said they were not very comfortable or not at all comfortable with this definition.
Knowledge of what can be asked of a service dog handler was significantly less encouraging. More than a quarter of the survey respondents said they can legally ask a handler about his or her disability, and 45% said they could ask to see an identification card as proof of a dog’s status.
Respondents said they generally favor broad access for service dogs, including on airplanes (62% favorable), in school dorms (60% favorable), and in classrooms (57%) favorable). (Source: “Public Perceptions of Service Dogs, Emotional Support Dogs, and Therapy Dogs.”
What About Service Dog Fraud?
In a world where anyone can buy a service dog vest for any animal ($20.95 on Amazon), it’s hardly surprising that the public at large harbors some suspicions about whether all dogs identified as service animals are legitimate. About a quarter of survey respondents said they believe that between 25% and 50% of people who purport to have a service dog are taking advantage of the system.
State Laws and Fraudulent Service Dogs (Courtesy: AnimalLaw.info)
Like using a fake handicap placard to park illegally, misrepresenting an animal as a service dog is unethical. Moreover, it is against the law in 33 states (as of 2022), including California, to fraudulently pass off a regular pet as a service dog. (Source: AnimalLaw.info) In California, under Penal Code 365.7, it is a misdemeanor punishable by up to six months in jail and/or up to a $1,000 fine.
Learn more about service dog fraud in our earlier blog post.
White Poodle Mobility Service Dog at Work (Courtesy: MobilityDog.org)
What a Service Dog Will Never Do
While a vest may help a fake service dog masquerade for a while, poorly trained animals (i.e., not service dogs) usually give themselves away with their behavior. That pooch is not a service dog if it is:
Being carried around in a purse by its owner (a la Paris Hilton)
Pulling on its leash, or walking without a leash
Whining, barking or growling
Reacting in any way to other dogs or people
Not staying by the handler’s slide
Begging for or stealing food
Eliminating waste or marking territory.
Service dogs are too well-trained and socialized to demonstrate any of these faux pas. A phony vest won’t fool people for long when a dog begins to transgress. Conversely, a calm, collected, and focused service dog is an impressive sight, one people should respect and appreciate, and to which full freedom to do her job should be accorded.