What Makes An Animal More Than Just a Pet? All About Service and Therapy Animals

Have you ever heard of a Service Animal? Most people are familiar with Service Dogs such as Guide Dogs for those who are blind and Hearing Dogs for those who are deaf. Yet, we often do not realize that, "Service animals are not limited to animals that assist people with hearing or sight impairments, but also include those that otherwise assist individuals with disabilities" (Dunne).

In many cases, a service animal is used by those utilizing wheelchairs and walkers. However, a service animal can be trained to "assist persons with other kinds of disabilities in their day-to-day activities" (USDOJ). According to the Americans with Disabilities Act (ADA, 1990), "As defined in section 36.104 of the title III regulation, a service animal includes any animal individually trained to do work or perform tasks for the benefit of an individual with a disability" (Dunne).

Despite the notion that all people living with disabilities are either blind, hearing impaired or those using wheelchairs, there are people with all kinds of disabilities. As a result, the ADA defines a disability as, "a physical or mental impairment that substantially limits one or more of the major life activities of such individual" (USEEOC).

Although a service animal is most often a dog, it can also be another kind of animal such as a cat, bird, monkey, pig or even a miniature horse! However, a service animal is not just a pet or companion. "Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself" (USDOJ). Therefore, a service animal should be trained to execute disability related tasks such as retrieve, pick up, drop, lead, pull, alert, nudge, etc. They should also be able to follow basic obedience commands such as sit, stay, here, down, follow, etc., as well as learn good behavior in public places.

A trained service animal is allowed access to public places. "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." In addition, "An individual with a service animal may not be segregated from other customers" (USDOJ).

How does a proprietor know the handler's animal is a service animal? "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" (USDOJ).

Also, "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.... 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" (USDOJ).

Many business owners have a "no pets" policy on their premises. Nonetheless, "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" (USDOJ

Often a business will state that their local county health department has told them that only a seeing eye or guide dog has to be admitted. However, "...[you are in violation of the ADA] 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" (USDOJ).

Many transportation companies often fear that admitting an animal into their taxis, buses and trains would be detrimental to their other customers. In spite of this, "...under the ADA regulation issued by the Department of Transportation (49 C.F.R. Part 37) for the provision of transportation services to individuals with disabilities by public and private entities, section 37.167(d) requires those entities to permit service animals to accompany individuals with disabilities in vehicles and facilities. The regulation defines the term 'service animal' in the same manner as the Department's ADA regulation" (Dunne).

Nonetheless, regarding matters of housing, "The Fair Housing Act (42 U.S.C.  3604(f)(3)(B)) prohibits discrimination against a renter or buyer on the basis of disability. Discrimination includes a refusal to make reasonable accommodations in rules, policies, practices, or services, when those accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a place of residence. While the Fair Housing Act and the regulations issued by the Department of Housing and Urban Development do not specifically address service animals, it is likely that the Act would at times require that service animals be allowed in a housing facility in order to afford a disabled individual fair use and enjoyment of the facility" (Dunne).

Thus, in the light of housing issues with people with verifiable disabilities, "...[The Fair Housing Amendment Act and the ADA] protect the right of people with disabilities to keep emotional support animals, even when a landlord's policy explicitly prohibits pets.... In most housing complexes, so long as the tenant has a letter or prescription from an appropriate professional, such as a therapist or physician, and meets the definition of a person with a disability, he or she is entitled to a reasonable accommodation that would allow an emotional support animal in the apartment" (BCMHL).

There can be some confusion on whether an animal that assists those living with invisible disabilities such as chronic illness, injury, pain and mental disorders is a service animal or more like an emotional support or therapy animal. Some argue that these animals are not performing a physical task for someone with a physical disability (such as those who use a wheelchair, walker or cane). However, "The current CFR [Code of Federal Regulations] definition of Service Animal states that a Service Animal is, '...individually trained to do work or perform tasks for the benefit of an individual with a disability..." (PSDS, FAQ). Furthermore, physical or mental impairments that are substantially limiting are included in the ADA's definition of a disability. difference in their quality of life. Such symptoms as extreme pain, fatigue, dizziness, blurred vision and cognitive impairments can be quite debilitating and limiting on one's mobility, memory and other cognitive functions. These service animals can perform helpful physical tasks such as retrieving items, picking things up off the floor, reminding a person to take their medicine, helping with balance and more.

In addition, there are many people whose lives are changed by service animals that are trained to alert a person of a physiological response. Case in point: Service animals that alert the owner they are about to have a seizure or for diabetics that their blood sugar is dropping. You may have even read about Belle the beagle. She dialed 9-1-1 after her diabetic owner, Kevin Weaver, had a seizure and collapsed. He believes if he would not be alive today if it were not for Belle (AP).

In similar ways, a Psychiatric Service Dog (PSD) can assist a person with their physiological responses, as well as their physical needs. For example: For someone with a mental disorder, a PSD can alert  the handler to an incipient manic episode, anxiety or panic attack, as well as alert the owner to aggressive driving and insomnia. He can also assist the owner with confidence in leaving the home or exiting a situation that is causing a rise in anxiety, panic, distress and/or fear. What's more, he may help the handler with physical tasks such as reminding the person to take their medication, assisting them with finding their keys or the telephone, turning on lights to safety check a room and nudging them to wake them up (PSDS, Tasks).

The Psychiatric Service Dog Society advises anyone obtaining a PSD should get a letter from their doctor. Their advice probably holds true for all service animal owners, especially those living with other types invisible disabilities. "This letter should be kept on file, in case you end up in court regarding your service dog, need to request 'reasonable accommodation' in the workplace, or a waiver of the 'no pets' rule at your apartment complex, etc." (PSDS, FAQ). However, they advise against using this letter to gain access to public places, because business owners should not be mislead into believing such proof is required.

The bottom line is that the dog owner must have a legitimate disability and "To be considered a service dog, the dog must be trained to perform tasks directly related to the person's disability" (Delta). All the same, we are not attempting to interpret the law regarding who qualifies and who does not. That must be done by a legal authority and would be based on each individual case. Moreover, as the PSDS states, "Interpretation of this regulation by the courts will derive from service animal case law, not service dog websites" (PSDS, FAQ).