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Business owners and landlords read this before you get sued!

Which of the dogs pictured to the right is a service or assistance dog?  Would you be willing to put money on it?  Because we most often see Labrador and Golden Retrievers, and German Shepherds serving as guide dogs and/or assistance animals for the visually impaired or providing assistance to people in wheelchairs, most would assume it's the Labrador Retriever.  Well, they might just be wrong.  The truth is, either dog could be.  There is a huge misconception that assistance dogs must be a large breed dog.  The fact is, there are a multitude of services and assistance a dog can provide regardless of its size or breed.  In addition to guide and mobility assistance dogs, there are hearing assistance dogs, seizure and other medical alert dogs, as well as emotional support dogs. These services can be performed by a dog of any size, and further, many are actually opting for smaller dogs for these services because they are less conspicuous and much more portable.  So what does all this mean?  It means business owners and landlords need to get eduated about this before they find themselves on the other end of a civil lawsuit.  Persons with service or assistance animals are protected under the Americans with Disabilities Act of 1990 (ADA) and their assistance animals are allowed access because of their disability.  In other words, when a business owner or landlord denies access to a service or assistance animal, it is the civil rights of the person with the disability that is being denied and violated, and that's against the law!  

 

So, how do you know if an assistance or service animal accompanying someone is legit?  In short, you really don't.  Another misconception is that a service or assistance dog must be certified or carry some sort of license.  While there are some assistance and service animals that have undergone formal training and certification, a dog can also be trained by its own handler.  What's most important to remember is that it is the disability and impairment of the handler that determines the designation of the animal.  And because of medical privacy rights, also protected under the ADA, there are only a few specific questions business owners and landlords may ask:  1) are you disabled, 2) is that an assistance or service Dog, and lastly the Department of Justice has made it permissible for a business owner or landlord to ask specifically how the dog assists the person.  If the dog is an emotional support animal, most states do require written verification from the patient's physician or psychiatrist, however if the disability is medical in nature, a person does not have to disclose his or her condition.

 

Just like anything else, of course there are going to be perpetrators and imposters, for which, if caught, is a crime in most states and can carry stiff fines and possibly a jail sentence.  Further, how disgraceful for an able bodied person to take advantage of accommodations and allowances for people who really need it.  It's no different than unlawfully parking in the handicapped spot.  That said, although there are some creeps out there who do this, abuse is minimal.  Think how many times have you seen a dog in a restaurant, a grocery store, or in the post office that doesn't look like he/she belongs there?  The bottom line is, a business owner or landlord had better be pretty sure about it before they deny someone access.  As I see it, it's just not worth the risk of being sued.