What is a ‘Service dog’?
It’s a trick question because whether in-harness or out, Bella is a service dog 24/7/365.
We didn’t choose Bella, she chose us, or more accurately, she chose my husband. We had talked about getting him a service dog. We had discussed everything from what types of dog to consider to what tasks the dog could perform for him. We had researched service dog laws, training methods and training services. We were fully informed about the commitment we were going to make; we just hadn’t found the right dog. We had gone to that adoption event looking for a dog for my mother. As my husband walked past the puppy corral, this one puppy stuck her nose out through the wires and grabbed his left pant leg. When he walked past her with his right leg, she did nothing. He walked past again with his left leg and again she grabbed the pant leg. When taken out of the corral, she walked over to where he was sitting and plopped down next to him, laying her head on his left foot. She had chosen.
Observer: “Where can I get one of those (pointing at Bella)?”
(My husband gets this question a lot more than you’d think.)
Husband: “Well, first you have to get a life-altering disability…”
Observer: “But you’re not blind….are you?”
(Yes, people have said this after watching him pick up, and read out loud to me,
something from a store shelf).
The Americans with Disability Act (ADA) defines a disability as: “…a physical or mental impairment that substantially limits one or more major life activities…major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working."
The ADA definition of a Service Dog is: “… dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability.”
There are 5 types of ‘Service Dogs’:
:Guide dogs, also called “Seeing Eye dogs”
:Signal Dogs, or hearing dogs, are trained to alert their handler to certain noises in everyday
life, such as phones, smoke alarms, crying babies…
:Mobility Dogs may be trained to retrieve items, open doors, assist with balance, and
pull wheelchairs…
:Medical Alert Dogs are trained to alert the handler of an oncoming medical problem such
as seizures, diabetic crisis, panic or anxiety attacks.
:Psychiatric Assistance Dogs can remind the handler to take medications, reduce
symptoms of PTSD, alert autistic people to certain behaviors to help them reduce
those behaviors.
There are also Emotional Support and Therapy dogs but these are NOT service dogs and do not have the access rights of a service dog team.
An Emotional Support Animal (ESA) provides just that, support through companionship. People with an ESA need a doctor’s note to allow the animal into ‘no pet’ housing and to have the animal fly in the cabin of an airplane with them if the airline has a ‘no pet’ policy.
Therapy dogs are given basic obedience training and then tested for both obedience and temperament. Once they pass a therapy dog test with their partner, they can be registered with a therapy dog organization. Therapy dogs visit nursing homes, hospitals, schools, etc. to interact with people.
The key difference is the function of the dog. Service dogs are “task trained”.
They perform a task or tasks specific to their handler’s needs.
Bella is a ‘mobility assistance’ service dog. Bella, by herself, has no ‘right of access’. The ‘right of access’ accorded by the ADA applies to the handler, not the dog. My husband has the right to enter a place with Bella where pets are not allowed because he is her handler and she is there to mitigate his disabilities. Legally, she’s considered durable medical equipment, the same as his cane or his wheelchair. When someone denies him access because of Bella, it’s a violation of my husband’s civil rights, not Bella’s.
My husband suffered a spinal injury in 2006. That injury left him with mobility problems in the left leg that are getting worse and over time have started to affect his right leg as well. On good days he can use a cane. On bad days he uses a wheelchair. Really bad days he stays in bed. Good day or bad, Bella is at his side. On good days she is able to alert him to spasms in his leg before he’s aware of them. Spasms he can’t feel because of the nerve damage. Spasms severe enough that his left leg will collapse without warning, causing him to fall. When he falls she’s there to help him get back up. When he drops something, she picks it up for him. She gets him his cane if he can’t reach it. She can get things off the lower shelves in stores and give them to him. When he has instability in the leg she braces up against it to steady him. She pulls him in the wheelchair when he needs it. On really bad days she’s there on the bed next to him. However her best ‘task’ is some of the independence she has brought back to my husband’s life.
Notice that the word ‘certification’ is not in the definition for a ‘Service Dog’. Nor is doctor’s note, Identification card, marked vest, harness or lead. That’s because there is no legitimate ‘service dog certification’ or ‘registration’ in the United States. None is required and there is no ‘required outfit’ for a service dog. Bella is ‘cross-trained’ to work in a vest or a harness and a head halter, depending on what tasks she’ll be doing when we’re out. When she’s home she wears neither, just her collar. What the dog wears is dependent upon the tasks required and the handler’s comfort and needs, nothing else.
There are websites who purport to be ‘certification’ or ‘identification’ sites, and they will gladly take your money. Their ‘certification’ and ‘ID’ is worthless and not required by any federal law. Some schools or training services may train and test a dog and even issue a certificate. That does not make the dog a ‘service dog’. What makes a dog a ‘service dog’ are the tasks it performs for that handler. The ADA was written so as to allow each individual to train their dog for tasks specific to their needs. Some handlers are able to train their own service dogs for the specific tasks they need. Some handlers use organizations to obtain a dog trained for a specific need, such as seizure alert dogs and guide dogs.
Some of the most glaring violations we have encountered have been by people who are supposed to know these laws. There was the Animal Control Officer who first tried to require ‘certification paperwork’ because “it’s the law” for a service dog license. When he couldn’t tell me exactly which ‘law’ he was referring to he tried to ‘require’ a doctor’s note. We contacted Disability Rights New Jersey. They contacted the township and we received her license, with an apology, by mail. This year I was able to obtain her license without a problem. There was the doctor who asked “Why is that dog here? Is she necessary?” Bella was wearing her clearly marked ‘Service Dog’ vest and before we could answer he said “I don’t allow animals in the office, you’ll have to take her out”. I advised him that: 1) Yes, she was necessary, 2) what he just said was a violation of the ADA laws, both state and federal and 3) in accordance with those laws she would be staying. There is the occasional store owner or employee who asks for an ID. We explain there is no such ID required, hand them a copy of the ADA Regulations for Business Owners and explain the regulations regarding service dog teams. I carry printed fliers from the Department of Justice website when we go out. I carry copies of: the Service Dog regulations from the ADA website, federal laws, state laws, the applicable fine schedules for violating those laws and complaint forms on my tablet to report violations. We are happy to talk to people about Bella and answer their questions. I am also ready for those people who ‘think’ they know these regulations and challenge my husband’s right to access with Bella in violation of these laws. I know we are not the only ones who face this challenge and hope that those who come along after us will not have to fight this same discrimination.
Yes, there are people who will try to pass off a pet dog as a service dog. Depending on where someone tries this there are criminal and/or civil penalties with fines ranging from $100.00 to $1,000.00 and jail time from days to a year. If you’re not sure if the dog is a service dog, the ADA states you can ask 2 questions: “(1) is the dog a service animal required because of a disability (if it’s not obvious), and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog or ask that the dog demonstrate its ability to perform the work or task.”
If you’re not sure about the legitimacy of a service dog team, the easiest way to see is to observe their behavior. Pets don’t usually behave the same as working service dogs. They haven’t undergone the hundreds of hours of training in various situations and settings that service teams have. While even a well trained service dog can have an “off day”, a service dog handler will know how to correct a problem with the dog or remove the dog from the situation. The pet owner will likely stay, whether they have corrected the bad behavior or not. The pet owner will also probably not know the laws about the rights of access for service dog teams. They haven’t done the work; they just ordered one of those ID cards or a vest and figured they were covered. In either case, if a dog is disruptive, the ADA does state that: “You can ask that the dog be removed if: (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken. In these cases the ADA advises that “the business should give the person with the disability the option to obtain goods and services without having the animal on the premises.”
What should you do when you encounter a service dog team?
First and foremost do not try to distract the dog. This includes calling to the dog and trying to pet the dog without asking first. Some handlers have a ‘no pet’ policy and some may allow you to pet the dog if you ask. We have had people ask to pet Bella and depending on the situation have allowed it. There have also been times we haven’t allowed it, such as when she’s learning a new task.
Speak to the handler, not the dog.
Don’t offer food or treats to a service dog without receiving permission. Don’t be offended if the dog won’t take it, some are trained not to accept treats from anyone except their handler.
Don’t ask the handler to have the dog demonstrate a task.
Do use the encounter to educate children as to what a service dog does and why it’s important not to distract the dog.
When Bella is ‘in harness’ working she’s all business. She knows what’s expected of her and what her job is, so don’t be insulted if she ignores you.
She’s focused on the task at hand. She’s a dog with a job.
... on the bed, with the cat. 
