but that wasn't the question. Even by the owners own admission, this does not appear to be a service animal but merely a companion animal.
From the ADA:
2. Q: What is a service animal?
A: The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.
Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. Guide dogs are one type of service animal, used by some individuals who are blind. This is the type of service animal with which most people are familiar. But there are service animals that assist persons with other kinds of disabilities in their day-to-day activities. Some examples include:
_ Alerting persons with hearing impairments to sounds.
_ Pulling wheelchairs or carrying and picking up things for persons with mobility impairments.
_ Assisting persons with mobility impairments with balance.
the owner does not state the even has a legal disability let alone what assistance the animal provides other than a "calming effect".
from
ADA Training Requirements
The Definition of a Service Animal under the Americans With Disabilities Act and Guidance documents from the U.S. Department of Justice have established two training requirements for a Service Animal. The first is that a service animal must be individually trained to perform tasks or work for the benefit of a disabled individual. The second is that a service animal must be trained to behave properly in places of public accommodation. Inappropriate behavior that disrupts the normal course of business or threatens the health or safety of others is automatic grounds for excluding the team from the premises
Most animals, including but not limited to those labeled Companion Animals, Emotional Support Animals and Therapy Animals or pets are NOT service animals according to ADA’s Definition, as they have NOT been individually trained to perform disability mitigating tasks. Thus their handlers do not legally qualify for public access rights
.
So, what was this dog trained to do? Lick the guys face to calm him down?
A service animal
must be trained for a specific task. I think the guy is yelling about something he has no right to yell about.
Wouldn't it just be simpler to require a service animal to wear an indication of their status. I mean, they require a handicapped person to use a special plaquard so they can park legally in a HC space. What is the big issue about requiring a service animal to be registered and wear such an indication?
