Service Animal Law and Handlers Responsibilities - Research Paper Example

Service Animal Law Service animal law Introduction As per the "Americans with Disabilities Act (ADA)" service animals are those animals (mainly dogs) specially trained perform tasks or do work for the people with disabilities. These individuals with disabilities may use the animals for specific reasons.The services provided by the service animals include alerting the deaf, providing guidance to the blind, and pulling wheelchairs for those who are unable to walk. Service animals also protect and alert a person who is about to have a seizure, calming patients with post-traumatic stress disorder in case of an anxiety attack and also alerting patients with mental illness of the time to take prescribes drugs. Service animals are not pets to the patients, they are work animals, the animals receive training that directly relate to the person disability. Under the Americans with Disabilities Acts, those animals trained to provide emotional support to patients with disabilities do not qualify as service dogs. Different states have different definitions of service animals with other states including emotional support in their laws. The ADA mainly focuses on dogs as service animals, other animals either domestic or wild, untrained or trained, are not considered as service animals. As per the Americans with the disability care act, animals that fit as service animals must be specially and specifically trained to perform certain tasks to the patients with disabilities. Under the ADA, Title I and II service animals are only limited to dogs, as per the act the examples given only revolve around dogs. However, the policies need modifications that allow individuals with disabilities to miniature horses trained to help the disabled patients. New ADA laws permit the use of the miniature horse as service animals, these miniature horses should be specially and specifically trained for certain purposes that relate to helping the disabled. The horses as per the ADA should range between the height of 24 to 34 inches and weigh between 70 to 100 pound. The regulations on the miniature horses assist entities determine where horses can be accommodated in a facility. The laws governing service animals fall into several categories, this categories include, laws on where the service animals are allowed, laws on how to control the service animals, and laws guiding, exclusions, inquiries, and charges. Also, other simple laws and rules relate to the concept of service animals. However even with this, the laws fall into two categories, the handlers responsibilities, and the handlers rights Handlers responsibilities Under the handlers responsibility law there is the law regarding the control of the service animals, the animals as per the ADA must be leashed, harnessed, and tethered. The handlers should comply with these laws unless the harnessing devices interfere with the way the service animal works or in cases where the individuals disability prohibits the use of the devices. In cases where the disability of the individual prevents the use of the harnessing devices, then he or she must ensure the animal is in control by use of either signals or voices. Covered entities as per the ADA should not provide the care to the service animals; also, the handler should ensure that his or her service dog gets vaccinated as per the requirements of the state and local laws. This ensures that the animals are always in control and that the handler has a responsibility towards the service animal. If the service animal takes care of the disabled person, then the handler should also handle the service animal. Handlers rights Other laws fall under the handlers rights; this laws falls in the different categories which include public facilities laws, employment laws, housing laws, transportation laws and educational laws. Public facilities and accommodation laws Title II of the American with disability act cover the law on the public facilities, programs, and activities, Title III covers the accommodation laws. In case of complaints, the cases can be filed through lawsuits in the U.S department of justice of the federal courts. As per the ADA, the state, and the local governments, nonprofit organizations, businesses that focus on serving the public must allow service animals to help and accompany the disabled persons. This must be in all the areas of the facilities, those areas where the public is allowed to go. For example, in hospitals, the patients can travel with their service dogs in the clinics and cafeterias; however, the dogs should not accompany them to the surgical rooms. This law brings in fair treatment of the disabled persons, just like the normal people, disabled people also have the right to visit those areas visited by other persons, hence the law brings in a sense of equality. Employment laws Title I of the ADA, Section 504 and 501 prohibits discrimination in employment, in case the employee feels his or her rights are violated then the person should file a charge with the ‘equal employment opportunity commission. Under the employment laws, the American with disability act prohibits discrimination against the individuals with the disability. In this case, the employers must take into consideration of the disabled individuals that require service animals for guidance; it is a requirement of the employer to provide reasonable accommodation to the disabled employees. In this case, when the employer allows the disabled employee to have a service animal accompany him or her to work then this is considered as reasonable accommodation. The Equal Employment Opportunity Commission enforces the employment provisions of the Americans with Disability Act Title I, this Commission does not have a specific regulation that prohibits the disabled to bring their service animals to their places of work. However in case where the disability is not clear, then the employee should request the legal documentation so as to establish existence of disability with his employee and how the service animal will help him or her perform his work. Housing laws The law on housing prohibits any discrimination based on disability cases in all the housing activities and housing programs conducted by the federal government. This also applies in cases where the finances of the housing programs come from the federal government. Title II applies to housing provided by the government entities. In case of complaints then the cases are filed via the department of housing. Under this law, the house owner provides reasonable accommodation to the disabled persons, the disabled persons just as the normal people should get equal opportunities to use and enjoy the houses. In this case, the landlords must allow the disabled persons to bring in their service animals, in these cases; the reasonable accommodation provided by the landlord may include waiving a no pet rule. In some case, the landlord may ask for documentation in case the disabled person asks for reasonable accommodation. The landlord should never discriminate the disabled tenant; this includes prohibiting service animals in the building Education The ADA also prohibits the discrimination of disabled students, title III of the ADA only applies to those private schools owned by religious entities. All of these laws in the ‘individuals with disabilities education act and the Americans with Disabilities Act section 504 focus on ensuring there is no discrimination against disabled individuals either in private or public schools. The ADA permits the students with disabilities to use their service animals in schools. The school head and officials should be mindful of the use of the service animals, and the disabled students have the rights to use these animals in schools. However, since the ADA do not recognize the emotional support animals as service animals, and then the animals are banned in schools as per the act. For the colleges and universities, the ADA laws state that disabled students have the right to bring with them the service animals to the learning facilities. Many universities comply with these laws by asking the disabled students to register with the school disability services, which makes it easier for the disabled students. On the other hand, many higher education institutions just demand the documents that prove that the animal is vaccinated as required by the state laws. This law within the colleges, universities, and higher educational facilities makes it easier for the disabled students within the facilities. Transportation laws The ADA also has laws in regard to the services animals and the disabled persons, title II of the ADA has laws regarding public transport while title III has laws that relate to private transport. Both the group of laws prohibits discrimination against the disabled persons.In these laws, the persons traveling with service animals have the right to access transportation just like the normal persons. Also, the disabled person should not be forced to sit on a certain spot, he or she has the right to choose the spot he or she feels comfortable with. The transport systems should not overcharge the disabled persons just because they have a service animal with them and the customer or he disabled person should not provide a notice that he or she will be accompanied by a service animal. These laws apply to both the public and private transport sector; this includes; fixed route buses, rail, subways, para transit, shuttles, light rails, taxicabs and limousine services. Air transportation laws The ‘air carrier access act provides regulations that allow the use of service animals in aviation facilities. In most cases, the air carriers do not prohibit the use of the service animals they instead ask for the required documentation papers and identifications that prove the person is disabled and is in need of the service animal. The airport personnels as per the law should avoid asking some sensitive question that may result in the individual feeling discriminated against. Recommendations and Conclusions All the above laws relate to the use of service animals by the disabled persons, however the laws should not only limit themselves to only the use of dogs and horses as there are other animals that may help in providing services to the disabled persons. The above laws ensure that there is no discrimination against disabled persons providing them with equal rights. The courts should take stringent measures to avoid this kind of discriminations against the disabled persons and penalties should be imposed accordingly References Service Animals and Emotional Support Animals. (n.d.). Retrieved April 24, 2015, from https://adata.org/publication/service-animals-booklet Service Animals. (n.d.). Retrieved April 24, 2015, from http://www.ada.gov/service_animals_2010.htm Read More