Pets vs Service Dogs. What is the difference?

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River Wren

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I was just on the phone with a woman who uses a wheelchair and a service dog. She told me it was illegal for me to charge her the pet fee since her dog was a "service dog" and not a pet.
Can someone tell me if this is true? Thank you
 

Tom

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Here is your answer (see #7)..
Interesting, thanks.
Cannot charge a pet fee or deposit. Can charge for damage.
Cannot exclude or segregate a person relying on an animal.
We have two pet friendly rooms (flooring, outside access, guest traffic). It sounds like we could not restrict a guest with a service animal to those rooms. Nor deny accomodation if those room were not available.
The difficulty is in proof that an animal is actually a service animal.
 

gillumhouse

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Here is your answer (see #7)..
Interesting, thanks.
Cannot charge a pet fee or deposit. Can charge for damage.
Cannot exclude or segregate a person relying on an animal.
We have two pet friendly rooms (flooring, outside access, guest traffic). It sounds like we could not restrict a guest with a service animal to those rooms. Nor deny accomodation if those room were not available.
The difficulty is in proof that an animal is actually a service animal.
.
The difficulty is in proof that an animal is actually a service animal.
The big problem is you cannot ask for proof of service status OR what service is provided. You cannot ask, what is the problem?
 

EmptyNest

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Ok so while we are on the topic of pets...and I didn't want to start a new thread...I just had to share this...It's like 94 here right now and I look out the window and see my cat on the back patio...his usual laid back self :) So I had to share this ...
 

Don Draper

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Ok so while we are on the topic of pets...and I didn't want to start a new thread...I just had to share this...It's like 94 here right now and I look out the window and see my cat on the back patio...his usual laid back self :) So I had to share this ...
.
I love that!!! I need to adopt his attitude...
 

Morticia

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Here is your answer (see #7)..
Interesting, thanks.
Cannot charge a pet fee or deposit. Can charge for damage.
Cannot exclude or segregate a person relying on an animal.
We have two pet friendly rooms (flooring, outside access, guest traffic). It sounds like we could not restrict a guest with a service animal to those rooms. Nor deny accomodation if those room were not available.
The difficulty is in proof that an animal is actually a service animal.
.
The difficulty is in proof that an animal is actually a service animal.
The big problem is you cannot ask for proof of service status OR what service is provided. You cannot ask, what is the problem?
.
gillumhouse said:
The difficulty is in proof that an animal is actually a service animal.
The big problem is you cannot ask for proof of service status OR what service is provided. You cannot ask, what is the problem?
Check answer #3 in the link. You can ask what service the dog is providing. You're right, you can't ask what the disability is.
 

birdwatcher

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How cool...my Ozzy does that flat on his back in front of the window air conditioner...we crack up everytime we see him and he just looks at us: "What?!"
 

seashanty

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Ok so while we are on the topic of pets...and I didn't want to start a new thread...I just had to share this...It's like 94 here right now and I look out the window and see my cat on the back patio...his usual laid back self :) So I had to share this ...
.
adorable!
 

JBloggs

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how, just wondering, does one clean up after these dogs if they are disabled to that point?
 
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Hummm, Sorry about posting this, but wasn't paying attention and didn't see that a link had already been provided to this page. I don't see anyway of deleting the post though.
U.S. Department of Justice Civil Rights Division Disability Rights Section COMMONLY ASKED QUESTIONS ABOUT SERVICE ANIMALS IN PLACES OF BUSINESS 1. Q: What are the laws that apply to my business? A: Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed. 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. A service animal is not a pet. 3. Q: How can I tell if an animal is really a service animal and not just a pet? A: Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability. However, an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability. Therefore, such documentation generally may not be required as a condition for providing service to an individual accompanied by a service animal. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability. 4. Q: What must I do when an individual with a service animal comes to my business? A: The service animal must be permitted to accompany the individual with a disability to all areas of the facility where customers are normally allowed to go. An individual with a service animal may not be segregated from other customers. 5. Q: I have always had a clearly posted "no pets" policy at my establishment. Do I still have to allow service animals in? A: Yes. A service animal is not a pet. The ADA requires you to modify your "no pets" policy to allow the use of a service animal by a person with a disability. This does not mean you must abandon your "no pets" policy altogether but simply that you must make an exception to your general rule for service animals. 6. Q: My county health department has told me that only a guide dog has to be admitted. If I follow those regulations, am I violating the ADA? A: Yes, if you refuse to admit any other type of service animal on the basis of local health department regulations or other state or local laws. The ADA provides greater protection for individuals with disabilities and so it takes priority over the local or state laws or regulations. 7. Q: Can I charge a maintenance or cleaning fee for customers who bring service animals into my business? A: No. Neither a deposit nor a surcharge may be imposed on an individual with a disability as a condition to allowing a service animal to accompany the individual with a disability, even if deposits are routinely required for pets. However, a public accommodation may charge its customers with disabilities if a service animal causes damage so long as it is the regular practice of the entity to charge non-disabled customers for the same types of damages. For example, a hotel can charge a guest with a disability for the cost of repairing or cleaning furniture damaged by a service animal if it is the hotel's policy to charge when non-disabled guests cause such damage. 8. Q: I operate a private taxicab and I don't want animals in my taxi; they smell, shed hair and sometimes have "accidents." Am I violating the ADA if I refuse to pick up someone with a service animal? A: Yes. Taxicab companies may not refuse to provide services to individuals with disabilities. Private taxicab companies are also prohibited from charging higher fares or fees for transporting individuals with disabilities and their service animals than they charge to other persons for the same or equivalent service. 9. Q: Am I responsible for the animal while the person with a disability is in my business? A: No. The care or supervision of a service animal is solely the responsibility of his or her owner. You are not required to provide care or food or a special location for the animal. 10. Q: What if a service animal barks or growls at other people, or otherwise acts out of control? A: You may exclude any animal, including a service animal, from your facility when that animal's behavior poses a direct threat to the health or safety of others. For example, any service animal that displays vicious behavior towards other guests or customers may be excluded. You may not make assumptions, however, about how a particular animal is likely to behave based on your past experience with other animals. Each situation must be considered individually. Although a public accommodation may exclude any service animal that is out of control, it should give the individual with a disability who uses the service animal the option of continuing to enjoy its goods and services without having the service animal on the premises. 11. Q: Can I exclude an animal that doesn't really seem dangerous but is disruptive to my business? A: There may be a few circumstances when a public accommodation is not required to accommodate a service animal--that is, when doing so would result in a fundamental alteration to the nature of the business. Generally, this is not likely to occur in restaurants, hotels, retail stores, theaters, concert halls, and sports facilities. But when it does, for example, when a dog barks during a movie, the animal can be excluded. If you have further questions about service animals or other requirements of the ADA, you may call the U.S. Department of Justice's toll-free ADA Information Line at 800-514-0301 (voice) or 800-514-0383 (TDD). July 1996 Reproduction of this document is encouraged. Last updated January 14, 2008
 
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how, just wondering, does one clean up after these dogs if they are disabled to that point?.
Those individuals that I know personally that have a dog are all blind, so I can't speak to how person's with other type disabilities do it, but I'm assuming it probably holds true that most have a spouse or partner that have the glorious task of cleaning up behind Fido. That is a good question though and since I do a lot of volunteer work with the Blind Veterans at our local VA I'll ask.
 

Morticia

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Hummm, Sorry about posting this, but wasn't paying attention and didn't see that a link had already been provided to this page. I don't see anyway of deleting the post though.
U.S. Department of Justice Civil Rights Division Disability Rights Section COMMONLY ASKED QUESTIONS ABOUT SERVICE ANIMALS IN PLACES OF BUSINESS 1. Q: What are the laws that apply to my business? A: Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed. 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. A service animal is not a pet. 3. Q: How can I tell if an animal is really a service animal and not just a pet? A: Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability. However, an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability. Therefore, such documentation generally may not be required as a condition for providing service to an individual accompanied by a service animal. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability. 4. Q: What must I do when an individual with a service animal comes to my business? A: The service animal must be permitted to accompany the individual with a disability to all areas of the facility where customers are normally allowed to go. An individual with a service animal may not be segregated from other customers. 5. Q: I have always had a clearly posted "no pets" policy at my establishment. Do I still have to allow service animals in? A: Yes. A service animal is not a pet. The ADA requires you to modify your "no pets" policy to allow the use of a service animal by a person with a disability. This does not mean you must abandon your "no pets" policy altogether but simply that you must make an exception to your general rule for service animals. 6. Q: My county health department has told me that only a guide dog has to be admitted. If I follow those regulations, am I violating the ADA? A: Yes, if you refuse to admit any other type of service animal on the basis of local health department regulations or other state or local laws. The ADA provides greater protection for individuals with disabilities and so it takes priority over the local or state laws or regulations. 7. Q: Can I charge a maintenance or cleaning fee for customers who bring service animals into my business? A: No. Neither a deposit nor a surcharge may be imposed on an individual with a disability as a condition to allowing a service animal to accompany the individual with a disability, even if deposits are routinely required for pets. However, a public accommodation may charge its customers with disabilities if a service animal causes damage so long as it is the regular practice of the entity to charge non-disabled customers for the same types of damages. For example, a hotel can charge a guest with a disability for the cost of repairing or cleaning furniture damaged by a service animal if it is the hotel's policy to charge when non-disabled guests cause such damage. 8. Q: I operate a private taxicab and I don't want animals in my taxi; they smell, shed hair and sometimes have "accidents." Am I violating the ADA if I refuse to pick up someone with a service animal? A: Yes. Taxicab companies may not refuse to provide services to individuals with disabilities. Private taxicab companies are also prohibited from charging higher fares or fees for transporting individuals with disabilities and their service animals than they charge to other persons for the same or equivalent service. 9. Q: Am I responsible for the animal while the person with a disability is in my business? A: No. The care or supervision of a service animal is solely the responsibility of his or her owner. You are not required to provide care or food or a special location for the animal. 10. Q: What if a service animal barks or growls at other people, or otherwise acts out of control? A: You may exclude any animal, including a service animal, from your facility when that animal's behavior poses a direct threat to the health or safety of others. For example, any service animal that displays vicious behavior towards other guests or customers may be excluded. You may not make assumptions, however, about how a particular animal is likely to behave based on your past experience with other animals. Each situation must be considered individually. Although a public accommodation may exclude any service animal that is out of control, it should give the individual with a disability who uses the service animal the option of continuing to enjoy its goods and services without having the service animal on the premises. 11. Q: Can I exclude an animal that doesn't really seem dangerous but is disruptive to my business? A: There may be a few circumstances when a public accommodation is not required to accommodate a service animal--that is, when doing so would result in a fundamental alteration to the nature of the business. Generally, this is not likely to occur in restaurants, hotels, retail stores, theaters, concert halls, and sports facilities. But when it does, for example, when a dog barks during a movie, the animal can be excluded. If you have further questions about service animals or other requirements of the ADA, you may call the U.S. Department of Justice's toll-free ADA Information Line at 800-514-0301 (voice) or 800-514-0383 (TDD). July 1996 Reproduction of this document is encouraged. Last updated January 14, 2008.
There really isn't a way to delete the post, so what most people will do if they see something that needs deleting is to just edit their post and cut and delete whatever they wrote and then say 'Never mind,' 'Duplicate post,' or something like that.
 

scrambled_eggs

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The questions I still get confused on is if the bed and breakfast has 5 rooms or less and is owner occupoied it is exempt from ADA. I take this to understand that a bed and breakfast with 5 or fewer rooms would not need to have an elevator or ramps installed. In most old homes it may not work anyways. The part I am not clear on is if a bed and breakfast is exempt from ADA does that mean they are exempt from allowing a service animal in?
 

egoodell

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The questions I still get confused on is if the bed and breakfast has 5 rooms or less and is owner occupoied it is exempt from ADA. I take this to understand that a bed and breakfast with 5 or fewer rooms would not need to have an elevator or ramps installed. In most old homes it may not work anyways. The part I am not clear on is if a bed and breakfast is exempt from ADA does that mean they are exempt from allowing a service animal in?.
oceans said:
The questions I still get confused on is if the bed and breakfast has 5 rooms or less and is owner occupoied it is exempt from ADA. I take this to understand that a bed and breakfast with 5 or fewer rooms would not need to have an elevator or ramps installed. In most old homes it may not work anyways. The part I am not clear on is if a bed and breakfast is exempt from ADA does that mean they are exempt from allowing a service animal in?
From what I understand we are NOT exempt. So long as you are a business renting rooms to the public you are not exempt.
Riki
 

Tom

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The questions I still get confused on is if the bed and breakfast has 5 rooms or less and is owner occupoied it is exempt from ADA. I take this to understand that a bed and breakfast with 5 or fewer rooms would not need to have an elevator or ramps installed. In most old homes it may not work anyways. The part I am not clear on is if a bed and breakfast is exempt from ADA does that mean they are exempt from allowing a service animal in?.
oceans said:
The questions I still get confused on is if the bed and breakfast has 5 rooms or less and is owner occupoied it is exempt from ADA. I take this to understand that a bed and breakfast with 5 or fewer rooms would not need to have an elevator or ramps installed. In most old homes it may not work anyways. The part I am not clear on is if a bed and breakfast is exempt from ADA does that mean they are exempt from allowing a service animal in?
From what I understand we are NOT exempt. So long as you are a business renting rooms to the public you are not exempt.
Riki
.
Right,
no business open to the public is exempt from ADA. As a private residence open as a B&B with 5 rooms or less, we may not have to comply with certain requirements in ADA Architecural Guidelines (ramps, elevator, etc.) but we have to make any other reasonable accomodation to anyone wishing to patronize the estableshment, which would include allowing a service dog.
BTW, we built from scratch and used ADAAG as a voluntary good practice design guide, works fairly well with a contemporary look: wider corridors, 36" doors, lever style door handles, elevator (3 stories), varying access in bathrooms. We don't meet strict ADAAG, but the increase mobility has been valuable to guests, even just those stiff in the joints. It was a business decision.
 

alias annie

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I have an acquaintance who is training a service animal for emotional impairments but the dog is still not yet certified. would you take a service animal in training?
 

Joey Camb

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We only have 3 dog friendly places in Harrogate so I always keep their numbers to hand when people call. But in this country they don't even have to tell you they are bringing it they just turn up. but the can be for sight, hearing or even epilepsy (the dogs can tell aparently) and mobility.
 

JBloggs

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Thanks to this thread for this image on the sidebar
 
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