BY DR. PATTY KHULY
KHULYP@BELLSOUTH.NET
Q. MY DAUGHTER, WHO HAS EPILEPSY, RELIES ON A SMALL, WELL-BEHAVED SERVICE DOG. SHE WAS MORTIFIED RECENTLY AT THE AIRPORT WHEN THE TICKETING AGENT LOUDLY DEMANDED SHE SHOW WHAT “FUNCTION” THE DOG PERFORMED. PLEASE LET YOUR READERS KNOW THAT SERVICE-ANIMAL OWNERS ARE EXEMPT FROM SUCH INTRUSIVE QUESTIONS.
As a veterinarian required to sign travel- and housing-related documentation for service dogs of all stripes, I’m often treated to stories similar to yours.
The Americans with Disabilities Act allows only “limited inquiries” about an individual’s service animal. In cases where it’s unclear what service the animal provides, as with your daughter’s seizure-alert dog, just two questions are permitted, according to the ADAs website: “Is the dog a service animal required because of a disability, and what work or task has the dog been trained to perform?”
Staff cannot ask about the person’s disability, require medical or training documentation or “ask that the dog demonstrate its ability to perform the work or task.”
Though even guide dogs for the blind are still illegally denied entrance to some establishments, it’s my experience that owners of smaller service dogs tend to attract greater scrutiny.
A final note: Though many dogs also serve an emotional support function and may be registered as “emotional support animals,” neither the ADA nor the Air Carrier Access Act recognizes them as service dogs.
Dr. Patty Khuly has a veterinary practice in South Miami and blogs at www.dolittler.com. Send questions to khulyp@bellsouth.net, or Dr. Dolittler, Tropical Life, The Miami Herald, 3511 NW 91st Ave. Doral, FL 33172.
i get people saying what is your illness or why is he small I have tell them dfont matter my illness nor his size
Service Animals come in all shapes and sizes!
I have recently run into this myself. I just roll with it and generally it works out fine. I haven’t had to perform per se. but usually the ppl who asked end up seein what my dogs do in the long run. or they get embarrassed when I have an issue and the dog is not there. as the case is at my work. I recently had an allergic reaction to a combination of things and needed to get outside. my dog would have helped if he had been there, but since he was not my bosses got a,wake-up about how he would have. they are learning slowly.
the place im moving in to wont let me have my lil yourkiepoo as my service dog even with a doctors note I need her she helps me with my deppshon and helps me copes with everyday needs would this website help
Click under “FAQ” above and scroll down to the section on landlords. If you are a member of SARC, your certificate included a letter that you can give to your landlord to remind him or her of the important legal obligations that landlords owe to disabled tenants.
I suffer from depression and anxiety so I got a cat as a therapy animal. Can my apartment complex charge me a deposit or rent?
It is considered reasonable for a landlord to request a copy of your physician’s note. Members of SARC receive a sample physician’s note that you can share with your mental health professional as a template he or she can use for your medical note, along with other ember resources. Landlords may not charge “pet rent” or additional deposits in connection with an Emotional Support Animal or Service Animal living with and assisting a disabled owner.
What states do not recognize this certificate?
Karen, please note that registration of a service animal or emotional support animal is optional under law. It is a useful tool for disabled owners who wish to carry documentation to help them assert their legal rights. For example, it can help shortcut a conversation with a landlord or business owner who may not understand his or her obligations under law to accommodate disabled persons and their assistance animals. If a landlord or business owner illegally/improperly asks for “registration papers,” your voluntary SARC registration will demonstrate your animal’s status to that requesting party. Please note that registration itself does not create the status; your disability and your animal’s service to you creates your legal rights. Disability laws are Federal in nature, meaning that everyone in every state must abide by ADA and Fair Housing laws. Some states will grant additional benefits or broaden the rights enjoyed by the disabled, but no state can reduce a disabled owner’s rights under Federal law.