Indiana General Assembly considers regulation of service animals
Sen. Leising (317-232-9400) has introduced SB 293 concerning certification of a service animal’s good health. Currently state law requires public accommodations to permit service animals to enter without requiring an extra fee. The proposed amendment would restrict that to “certified” service animals. The only thing necessary for certification under this proposed legislation is that the animal be certified by a veterinarian as being in good health. The bill directs the board of veterinary medical examiners to come up with standards and prescribe a form for this certification.
I very much sympathize with the goals of this legislation. The well-intended service animal regulations are abused. If a person has a disability and they have a trained service dog that assists with that disability, then it makes all the sense in the world that the normal concerns of public places concerning admission of pets be set aside in favor of letting the person with a disability get along with their life. But, there are people who just don’t want to leave their animals behind. They may or may not be disabled. They have dogs that who might have some general training but not particularly related to their disability. And they’ll maybe flash a card from some Internet mill characterizing the dog as a “service animal.” That puts public accommodations in a difficult spot — basically just abandon their “no pets” policies when they receive the slightest push back, or risk a lawsuit.
However, it seems to me that this particular legislation is likely to cause more harm than good. In particular, I fear that establishments will rely on this legislation, decline entry for a dog who has not been certified, and find themselves on the receiving end of a federal ADA lawsuit. The ADA’s requirements for what constitutes a service animal are poorly defined. It’s only necessary that the animal be “individually trained” to do work or perform tasks for the benefit of an individual with a disability. The work or tasks performed by a service animal must be directly related to the individual’s disability. The nature of the individual training is not defined. The individuals can do it themselves, and there does not appear to be any requirement that the dog be successfully trained or well trained. Additionally, the ADA implementation regulations suggest that an establishment is allowed to ask only ” (1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform?” This makes it challenging to ascertain, prior to a lawsuit, whether the training, the work, or the tasks are directly related to the individual’s disability.
I haven’t done any research on how pre-emption of state law by federal law works in this context, but it seems likely that asking about whether the dog is “certified” under this state law would result in a violation of federal ADA regulations.
If such a law is passed, I would hope that persons in the position of being the gatekeeper to restaurants and other public facilities understand that such a certificate would not trump the ADA, and that persons who prohibit a a guide dog from entering would be subject to unbelievable grief. Maybe there should be encouragement to have a dog certified, like people with certificated service animals are eligible for a 10% discount or something.
“The well-intended service animal regulations are abused.”
Are they? I’m not saying they are or they aren’t, but given recent history this strikes me as the same thing as “voter fraud is rampant”.
My views are perhaps biased. I’m defending the County against a case where a guy presented security with a “credential” indicating the dog was an emotional support animal (and not a service animal), then filed a lawsuit claiming it was, in fact, a service animal; and has not yet been able to provide evidence of individualized training for his disability. But, Google abuse of service animal law, and quite a few results come up. I don’t have any objective data, however.
Yeah I used a bad example, since unlike voter fraud, this actually happens. I just wonder if it’s to the degree that would require a legislative solution, especially one that is as apparently unclear as this one.
I’d like some better federal guidance on what constitutes a service animal and what establishments are allowed to do to verify that fact. It’s a fine line though. You don’t want people with disabilities to get hassled just for trying to go about their business when the animal is something useful to them and not an imposition on others. On the other hand, facing a lawsuit (that includes the disabled person’s attorney fees) for asking a follow up question about the dog’s training is a bit too harsh as well.
Are you trying to say the teacup dog (of whatever breed) in the lady’s purse at Home Depot (or Walmart, Applebees, CVS, etc) is not, in fact, a service animal. Who would have known?
Small breeds *can* be service animals – for example, a seizure alert or diabetic low blood sugar alert dog need not be a large breed – but you’re right, it gets abused and emotional support animals do not have the same public access rights as service dogs. Service dogs must be trained to perform 2 or more tasks for their owners. And they should not behave badly in public.
Dog (no pun intended), I teach my first Animal Law Class tonight as an adjunct tonight. We will look at Leising’s bill. We rely on the Indiana Legislature for entertainment. Under the ADA regulatory interpretations Q & A, the bill may violate the ADA as an additional registration requirement. Don’t have much more than 10 minutes to spend on this now. The Emotional support and disabity service dog is a fine distinction.
CERTIFICATION AND REGISTRATION
Does the ADA require that service animals be certified as service animals?
A: No. Covered entities may not require documentation, such as proof that the animal has
been certified, trained, or licensed as a service animal, as a condition for entry.
There are individuals and organizations that sell service animal certification or registration
documents online. These documents do not convey any rights under the ADA and the
Department of Justice does not recognize them as proof that the dog is a service animal.
My city requires all dogs to be vaccinated. Does this apply to my service animal?
A: Yes. Individuals who have service animals are not exempt from local animal control or
public health requirements.
My city requires all dogs to be registered and licensed. Does this apply to my service
animal?
A: Yes. Service animals are subject to local dog licensing and registration requirements.
My city requires me to register my dog as a service animal. Is this legal under the ADA?
A: No. Mandatory registration of service animals is not permissible under the ADA. However,
as stated above, service animals are subject to the same licensing and vaccination
rules that are applied to all dogs.
My city / college offers a voluntary registry program for people with disabilities who
use service animals and provides a special tag identifying the dogs as service animals.
Is this legal under the ADA?
A: Yes. Colleges and other entities, such as local governments, may offer voluntary registries.
Many communities maintain a voluntary registry that serves a public purpose,
for example, to ensure that emergency staff know to look for service animals during an
emergency evacuation process. Some offer a benefit, such as a reduced dog license fee, for
individuals who register their service animals. Registries for purposes like this are permitted
under the ADA. An entity may not, however, require that a dog be registered as a service
animal as a
While the ADA doesn’t require special consideration for emotional support animals, it’s my understanding that a couple of other regulations do — for example the Fair Housing Act.
I came across this article today. http://www.abajournal.com/magazine/article/colleges_see_an_uptick_in_requests_for_emotional_support_animals_on_campus
You are correct that the Fair Housing Act requires accomodating emotional support dogs. And according to the article Title IX requires this accomodation. Maybe Purdue will be giving you a call.
Just a personal observation, but when my mutts get to barking when my wife or daughter drives up they fail massively in providing emotional support.