Laws

(This post is part of the April A to Z blogging challenge.)

There are a number of federal laws that deal with the disabled, their rights, and, by extension, service dogs. The Americans with Disabilities Act http://www.ada.gov/ deals with most encounters in public places. http://www.ada.gov/service_animals_2010.htm is the updated brief on service animals. Most Service animals are now, by law, dogs, but miniature horses may sometimes also be covered.

Private businesses, private clubs, churches and private homes are excluded from the ADA's protections.

There is no requirement for paperwork or specific gear with the ADA for access to public places. The dog must be individually trained to mitigate a disability, be under control and housebroken. (It pains me that "housebroken" and under the handler's control had to be written down, instead of assumed.)

There's the Fair Housing Act http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights , which covers most housing, but again has limits. FHA doesn't care as much/at all about the animal being trained, or a dog. The landlord can require a doctor's letter.

There's the Air Carrier Access Act http://airconsumer.dot.gov/rules/382short.pdf that covers air line travel. Psychiatric Service dogs and Emotional Support Animals (usually dogs) need a letter fitting certain requirements (less than a year old, from the handler's mental health provider, etc) to get on board. SDs of a different nature do not need a letter, or specific gear.

There's others, including the Rehabilitation Act and state laws, and it becomes a bit of a mess when people don't know what law covers them where. One of the more common mistakes that I see on a SD list I moderate is people all huffy their landlord dared demand a letter, and they've printed off the ADA and they highlighted and SHOWED THEM! and... then we get to tell them that's not the law in effect, and that the HUD's FHA is what they need to look at, and then to get that doctor's letter on file with their landlord, ASAP.

State laws can be amusing- in Vermont, Duncan and Keeper would be guide dogs, because the "service dogs" under VT law are police K9s; frustrating- in Kansas, there's a clause for IDs that contradicts the ADA; better than the federal- Florida in particular has good laws- but for the most part, knowing the state laws is vitally important. There is no enforcement agency to call for access denials. The cops that get called will be local. Knowing state law, knowing federal law, and being polite are the best ways to defend your rights as a handler without undue strife.