The rights of individuals with service dogs are often in flux and rarely fully respected. Service dogs play a crucial role in the lives of individuals with disabilities, providing them with the necessary support and assistance to navigate through daily life. These highly trained canines are more than just pets; they are essential companions that help their owners lead independent and fulfilling lives. However, despite the numerous laws in place to protect their rights, service dogs and their handlers still face challenges when it comes to accessing public places. It is essential to understand the laws protecting service dogs and their access rights, as well as the steps to take in handling establishments that may try to deny their lawful presence.
The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities in all areas of public life, including employment, education, transportation, and public accommodation. Under this law, service dogs are considered to be working animals, and their handlers have the same rights as any other individual with a disability. This means that service dogs and their handlers are entitled to full and equal access to all public places, including restaurants, hotels, stores, and government buildings.
It is essential to note that service dogs are different from emotional support animals (ESAs) and therapy dogs. While ESAs and therapy dogs provide comfort and emotional support to their owners, they are not considered service dogs under the ADA. Therefore, they do not have the same access rights as service dogs. Service dogs are specifically trained to perform tasks that mitigate the effects of a person’s disability and are allowed access to all public places with their handlers.
Despite the laws in place to protect service dogs and their handlers, there are still instances where establishments may try to deny their lawful presence. This can be due to ignorance, fear, or even discrimination against individuals with disabilities. As a service dog handler, it is essential to be aware of your rights and know how to handle such situations if they arise.
The first step in handling an establishment that tries to deny the presence of a service dog is to remain calm and assertive. It is natural to feel frustrated and angry when faced with such a situation, but it is important to remember that your primary focus is to protect the rights of your service dog and ensure their access to public places. Take a deep breath and approach the situation with a calm and confident demeanor.
Next, calmly explain to the establishment that your dog is a service dog and is allowed access under the ADA. You can show them your service dog’s identification or certification if you have one, although it is not required by law. It is also helpful to educate them on the tasks your service dog is trained to perform and how they assist you with your disability. This can help alleviate any fears or concerns they may have.
In some cases, establishments may try to deny access to service dogs by claiming that they have a no-pets policy. However, it is important to note that service dogs are not considered pets under the ADA. They are working animals that provide necessary support and are allowed access to all public places. You can remind the establishment of this and inform them that denying access to a service dog is a violation of the ADA.
If the establishment continues to deny access, you can inform them that they are breaking the law and that you have the right to file a complaint. You can also inform them that denying access to a service dog is a violation of federal law and can result in legal action. Most establishments will comply at this point, as they do not want to face legal consequences.
However, if the establishment still refuses to allow your service dog in, you can choose to leave and file a complaint afterward. It is important to document the incident by taking note of the establishment’s name, location, and the name of the person who denied access. You can also take pictures or videos if necessary. This information will be helpful when filing a complaint with the Department of Justice.
In conclusion, service dogs and their handlers are protected by the ADA and have the right to equal access to all public places. As a service dog handler, it is important to know your rights and how to handle establishments that may try to deny access. By remaining calm, assertive, and knowledgeable about the laws, we can ensure that service dogs and their handlers can access public places without facing discrimination. Let us continue to educate others and advocate for the rights of service dogs and their handlers.
To learn more about the ada, visit www.ada.gov
To have your dog trained and your rights protected, contact us at jb@fetchandmore.com or 201.914.8268
