Running Header: TAKING TIME TO SERVICE

Taking Time to Service Lives

Andrea Pineda
First Colonial High School
Legal Studies Academy

TAKING TIME TO SERVICE

Abstract

This paper will look at the history of service dogs and how the change from only including guide
dogs, to including a variety of different service dogs for both physical and mental disabilities
have impacted federal legislations to modify their regulations. Legal definitions of what
qualifies a service animal will be discussed, focusing on federal statutes established by the
Department of Justice, Department of Education, and Department of Congress. What basic skills
service dogs need to learn in training and the benefits different types of service dogs provide for
their owners will be analyzed. Also in order to avoid confusion, the difference between service
animals and therapy animals with be established. The Americans With Disabilities Act in relation
to service animals in public businesses will be discussed as well as service dogs in schools, and
on airplanes. Finally, the paper will include the impact of fake service animals on legitimate
service animals.

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Taking Time to Service Lives

Jason, a World War II veteran, suffers from Post-Traumatic Stress Disorder, a recognized
disability that affects his day-to-day life and causes him to have severe anxiety. After thorough
research of the benefits of owning a service animal and lots of thinking and planning, Jason
decides to get one with the hope of helping him with his disability. Within several months of both
basic and individual training with his new service dog, Max, he starts seeing an improvement
with his social anxiety. In the past, Jason had constantly avoided going out to places that were
crowded or involved social interactions due to his severe anxiety but Max made him feel much
safer and more confident in going out. One night hes asked to a family gathering at a restaurant
and reluctantly accepts, hoping that his service dog will help him through it. Once he arrives to
the restaurant, an employee tries to tell Jason that he may not bring his service dog inside the
restaurant due to food health codes and asks Jason to leave. Although federal laws, such as the
Americans With Disabilities Act, protect people like Jason and their service animals from
discrimination in public establishments, individuals with disabilities who own service animals
face problems like this too often. Everyday in the United States and around the world, there are
millions of people whose disabilities require them to have a companion constantly available to
help them do simple, daily tasks. Those establishments who deny access to service animals and
their owners from their goods and services are constantly breaking the law and denying the rights
granted to service dog owners in federal laws. Not only do these situations happen in public
establishment such as restaurants, hotels, and hospitals, it happens in public schools/colleges and
transportation, specifically on planes. This inconsistency in access of service dogs across the
United States in public establishments hinders the animals ability to provide the necessary care
for their owners and denies the owners rights under the Americans With Disabilities Act.

TAKING TIME TO SERVICE

History of Service Animals
A few decades ago, the majority of service animals were guide dogs for the visually
impaired and were the most recognized type of service animals until over time their functions
expanded greatly to include assisting both physical and mental disabilities (Friedman, 2011).

There are very few incidents of business owners denying entrance to obviously blind individuals
using a guide dog, but when a persons disability is less obvious or practically invisible, more
and more are being denied entry to their establishments (Stamm, 2013). The change of service
animal work including only assistance for the blind to including assistance for people with
mobility impairments and mental/psychological disorders and disabilities brought about many
legal problems and confusion for venue owners, school districts, and airlines and also caused the
Americans With Disabilities Act to modify their regulations to fit these changes.
Physical Disabilities v. Mental Disabilities
Service animals that assist individuals with physical disabilities are more widely known
by the general public since they are very obvious to the viewer. Therefore, because of this
physical disabilities are easier to be recognized and are more often socially accepted by public
venue owners and the community as a whole. Physical disabilities include but are not limited to
visual impairment, hearing impairment, mobility impairment, diabetes, and seizure impairment.
Compared to physical disabilities, service animals for mental disabilities are not as socially
known and accepted, and are basically invisible to the human eye. However, are now
increasingly becoming more widely known by communities and the government has even
revised statutes to accommodate the changes in service animals over time.
Training

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Since service animals are held to a higher standard, they have to go through special
training in order to perform the tasks necessary to provide to proper assistance to their owners
and to create as little disturbance as possible when taken to public places. Service animals are not
pets and, therefore, must be trained to avoid distractions from other animals or people that may
arise in day-to-day interactions and be focused on their owners at all times. Because there are so
many different types of disabilities, there are also different types of service dogs that have to be
trained specifically to the needs of their owners needs. However, according to Kristen (2007),
generally when being trained, service dogs need three basic areas of core training: manners,
obedience with proofing (public access skills), and task training to be able to perform to the best
of their ability.
Heeling is the hardest skill to teach a dog but that every service dog must learn because
they have to maintain a relative position to the handler, regardless of how the handler might
move at all times. Service animals are trained to automatically move with their owner when
instructed to stay in heel position. Proofing takes the most time to teach a dog because they are
taught to avoid distractions one at a time and in different positions. A service dog is of no real
use to his partner if he cannot be relied upon to resist distractions, so they must be able to
perform the tasks instructed to him while others call to him, offer food, and his leash is dropped.
Task training is the last of the three basic skills and the easiest to train because its a
combination of the two basic skills established before this one. This part must be taught last and
is where the owner teaches the dog individual skills to accommodate their disability (Kristen,
2007). These threes skills are only the basic fundamental skills every service dog should learn
but certain dogs may need further training specific to what the disability requires of them.
Different types of Service dogs

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As stated before, guide dogs are the most common type of service dog and have been
around for the longest time. According to Dorothy Harrison Eustis (1927) article for The
Saturday Evening Post, veterans whose vision was impaired have used guide dogs, specifically
German Shepherds, since after World War I. In Eustis article she explains her description of the
dogs she saw:
It is little short of marvelous how a raw dog can be taken into the school and in
four months be turned out a blind leader, and the miracle is that the dog so
perfectly assimilates his instruction. From the very small beginnings of becoming
absolutely house-broken, he is taken step by step upward to his life work of
leading a blind man, of being that mans eyes and his sword and buckler. He is
first let loose to run with all the other dogs and to learn to mind his Ps and Qs
and not to fight.
According to Ensminger (2010), when trained, guide dogs work with a trainer for generally five
months and must be able to avoid distractions, respond to commands, safely lead the owner
through traffic, stop at curbs, judge height and width so the owner doesnt hit their head or other
part of their body, etc. One of the most important skills a guide dog must master is intelligence
disobedience, which means refusing a command if they believe its unsafe to do so.
Ensminger also states in his novel Service and Therapy dogs in American Society (2010),
Agnes McGrath was one of the first dog trainers to train a hearing dog in 1974 and later when on
to form the International Hearing Dog Inc. with a couple of other trainers in 1979. Furthermore,
in 2001, there were approximately 4,000 hearing dogs in the United States trained to alert their
hearing impaired owners to sounds such as a fire alarm, doorbell ring, or alarm clock by nudging
them to get their attention. Several studies on the effects/benefits of owning a hearing dog have

TAKING TIME TO SERVICE

shown that they make their owners feel safer in their homes, knowing their dog will alert them if
theres a fire alarm or an intruder in the house at night.
Tasks that service animals perform for the mobility impaired are helping with balance,
pulling a wheelchair, fetching dropped items for someone who cannot bend over, etc (Ensminger,
2010). Although, the visually impaired can be placed under this category, service dogs for the
mobility impaired most commonly include those who use wheelchairs or a prosthetic arm or leg.
Post Traumatic Stress Disorder has recently become a more recognized disability more
commonly seen in veterans. This anxiety disorder causes feelings of fear, confusion or anger and
affect daily activities. According to Canines 4 Hope, PTSD service dogs are trained to assist in
medical crisis, provide treatment related assistance, assist in coping with emotional overload, and
perform security enhancement tasks. The benefits service dogs have on their owners are
numerous and include lowering blood pressure, helping in crowded situations, and helping
recover from episode of depression. Although protected under federal laws, PTSD service
animals receive a lot of discrimination in business and other establishments because their
disability is not as accepted as others (PTSD Dogs, n.d.).
Service dogs for autism most commonly assist children who need service dogs to keep
them from running away from their parents and into oncoming traffic. They also help with their
tantrums and recovery time from a tantrum. Autism service animals receive scrutiny from school
districts with the rise of requests to allow service dogs to accompany children to schools and in
their classrooms (Service Dog Central, 2014).
Therapy Animals
Therapy animals can be different types of animals that help bring comfort to their owner.
They are most commonly known for bringing affection, comfort and happiness to people in

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confined living situations such as in hospitals or assisted living homes (Christensen, 2014). But
may help out in other areas to, for example allowing a young child read to them so the children
can gain confidence in reading out loud. Therapy animals, also called emotional support animals,
are not the same as service animals because they are not trained to do specific disability based
tasks for their owner. Instead they are there to make people feel better in tough situations. Any
person can have a therapy animal but only those with disabilities can have service animals. It is
important for people not to get confused between the two, as many do. Public business owners
sometimes deny access to their establishments on the basis of perceiving their animal as a
therapy animal, which do not have to same privileges as service animals are protected under the
Americans With Disabilities Act. Therapy animals are only trained in basic obedience
commands and do not go through the intensive training service dogs must go through. Despite
this, therapy animals provide lots of mental and physical benefits for their owners. Their animal
visits provide healing affects such as a decrease in loneliness, stress, blood pressure, and heart
rate, and an increase in socialization, feeling of acceptance, and fine motor skills.
Although, therapy animals may not go wherever they please with their owner, there are
many programs in hospitals, retirement homes, and elementary schools that allow therapy dog
visits to help their patients or students according to Christensen (2014). In hospitals, patients
appreciate the love, affection, and distraction that therapy dogs bring from their pain and worries.
They provide a break from the boredom of having to stay in a hospital bed for long periods at a
time. Some hospitals allow patient visitation in non-isolation and others only by doctor-approved
visitations. Therapy visits in retirement homes, assisted living homes, etc. bring lots of joy to the
clients because many have little outside contact so they enjoy the change in their normal
routines. Read-to-Dog programs in elementary schools allows children who have poor reading

TAKING TIME TO SERVICE

skills and are afraid of reading in front of others to read to a nonjudgmental dog in order to

improve their reading, vocabulary and comprehension skills. Therapy dog provide children with
calmness that will help lower their anxiety and therefore be more confident in reading.
Americans With Disabilities Act
In 1990 the Federal Government established the Americans With Disabilities Act (ADA)
to address and prevent discrimination against individuals with disabilities and encourage equal
opportunities in public establishments, schools, air travel, and housing for those with disabilities.
Because of developments in service animals in the past 30 years, the Department of Justice
revised parts of the ADA in 2010 in order to clarify several new changes in requirements and
rules of service animals. With the intention of the community recognizing service animals in
society it is very important to learn what legally defines a service animal. According to the
revisions made in 2010 to the ADA, the new definition of service animals is only dogs that are
individually trained to do work or perform tasks for people with disabilities including mental or
psychological disorders. Additionally, in order to avoid confusion over the rules and
accommodations made for service animals only, the Department of Justice clarifies that dogs
whose sole functions is to provide comfort or emotional support [therapy dogs] do not qualify as
service animals under the ADA (U.S. Department of Justice, 2011).
Regarding where service animals are allowed entrance because of certain health codes in
restaurants and No Pets Allowed signs, the ADA states that State and local governments,
businesses, and nonprofit organizations that serve the public generally must allow service
animals to accompany people with disabilities in all areas of the facility where the public is
normally allowed to go. Therefore, the law requires public establishments with rules or health
codes that restrict animals entrance to modify policies, practices, or procedures to permit the

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use of a service animal by an individual with a disability. The only exceptions would include

when a service dog is being disruptive or showing signs of violence and the owner doesnt try to
control it or when the dog is not housebroken. When and if a person with a disability has to be
asked to remove their service animal, they must be given the opportunity to obtain goods or
services without the animals presence. If a person cannot obviously see what a service animal
provides for their owner, staff of an establishment may only ask the following questions: Is the
service animal needed because of a disability and what tasks was the service animal trained to
do. Under no circumstances may the staff ask about the service animals disability or require
them to show any medical proof, documentation, or proof of the tasks the service animal can
perform (U.S. Department of Justice, 2011). Therefore, the ADA ensures that individuals with
disabilities who own a service animal be treated as close as possible to the same way a person
without a disability would be treated.
Service Dogs in Schools
The recent problem of service animals not allowed in schools for children with autism
has been become more prevalent across the nation. Even though there are several rules and
regulations requiring schools to allow the use of service dogs within public classrooms in schools
and there are many studies that show the benefits of allowing service dogs to accompany
children in their classrooms. Autistic children are the most common to benefit and ask to bring
their service dogs to schools but are often denied. According to Waterlander (2012), schools
often perceive these animals [service dogs] to be mere comfort animals and not legallyrecognized service animals therefore not allowing them entrance into their schools. However,
under the ADA autism service dogs are individually trained to perform an array of task for a
person with autism and therefore satisfy the legal definition and are protected under the ADA.

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The Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act are the main
laws that discuss children with disabilities in schools.
The Rehabilitation Act of 1973
In 1973, The Rehabilitation Act (1973) was passed in order to ensure that qualified
persons with disabilities are not excluded from the participation in nor denied the benefits of
programs with federal assistance based on discrimination. Section 504 of the Rehabilitation Act
requires schools to make appropriate modifications for children with disabilities. Since public
schools receive federal funding, they fall under the rules set in the Rehabilitation Act as a
covered program and therefore they must make accommodations to their policies when
necessary.
The Individuals with Disabilities Education Act
In order to allow children with disabilities the same rights to a proper education as others,
the Individuals with Disabilities Education Act (1975) was established. Furthermore, the IDEA
requires public schools to provide all children with disabilities a free appropriate public
education [FAPE]. It is the interpretation and definition of this law that cause legal problems for
parents of autistic children and school officials. Because autism is a recognized disability, the
IDEA required all children with autism the right to FAPE. Although, the IDEA has established
these rules, it is not specific about service animals nor does it state whether schools are required
to allow service dogs in their schools in order to provide a FAPE. Because of the increase in
those requesting to bring their service dogs to schools, there have been a rise in court cases
regarding these matters and many are left unsure on how to handle these requests legally. Shana
De Caro (2015), an officer of the American Association of Justice describes an example of such
matters given below:

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A U.S. District Court decision in California, Sullivan v. Vallejo City Unified
School District, 731 F. Supp. 947 (1990), held that pursuant to Section 504, a
child with cerebral palsy, learning disabilities, and right-sided deafness who used
a wheelchair should have been granted the right to bring her service dog with her
to school. The judicial finding made clear that this was not educationally
necessary but rather that the district discriminated against her on the basis of her
disability by refusing her access to the school with her dog. The court specifically
rejected the schools contention that their decision was in part based on space and
health concerns.
Service Dogs on Airplanes
When focusing on service animals on airplanes, the Air Carrier Access Act comes into
play instead of the Americans With Disabilities Act. The Department of Transportation has
recently modified their policies under the Air Carrier Access Act because of problems with

people faking having a support or service animal. Therefore, new modifications were put in place
to prevent abuse from passengers who do not medically need an emotional support animal and to
make sure those who do, get the proper benefits of traveling with their service animal (Drake,
2014).
Air Carrier Access Act
The Air Carrier Access Act passed by Congress (2003) defines the rules and
accommodations of air travel for those with disabilities. It states that airlines must accept an
emotional support animal or psychiatric service animal to fly in the cabin of the aircraft with
their owners for passengers who produce a letter from a mental health professional. According to
Service Dog Central (2014), the airline must be contacted at least 48 hours before their flight so

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that the airline may verify the letter. The letter must not be more than a year old, be on the
professionals letterhead, and from a mental health professional. This also allows passengers
who are qualified for pre boarding so passengers and their dogs may get settled in the air craft

before everyone else. It is the Enforcement Offices view that section 382.93 requires carriers to
board passengers with disabilities who self-identify at the gate as needing to pre board for one of
the listed reasons to board the plane before all other passengers. After a trained service animal is
accepted in cabin for qualified individuals with a disability, the service animal should sit in the
floor space in front of the customer's assigned seat but must not be allowed anywhere in the
aisles.
According to the U.S. Department of Transportation (2009), if passengers accompanied
by a service animal are traveling to another country, they should check in advance with the
embassy of the country what animal health regulations apply. In some cases, further
documentation may be required for an animal traveling to international destinations and most
countries have animal health regulations that require certain health conditions to be met before
an animal can be legally admitted to the country. Further documentation may include valid
rabies vaccination by a legal licensed veterinarian and other restrictions may apply to the country
they are planning to travel to. Furthermore, islands that are located in the United States may also
have similar restrictions, even for animals traveling from the mainland of the same country for
example Hawaii. The passenger is responsible for making these accommodations and planning
ahead for their travel.

Fake Service Dogs

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Because of the numerous benefits service dog owners get from owning a service animal,
many want to benefit from them too so they get fake certifications online or buy fake vests for
their dogs even if they are untrained and they do not have a disability. Not only is this illegal, but
it also negatively affects the real service dog community. As previously discussed, real service
animals are trained and have public manners but when a fake service animal with poor behavior
acts up, it creates a bad image for all the other service animals and ruins their reputation. If one
person has a bad confrontation with fake service animals, all other service animals after that will
be seen badly by that individual. Often people dont recognize the problems and consequences
they make from doing this but it is very important that they understand the outcomes when it
happens (Anything Pawsable Staff, 2015).
According to Frankie the Law Dog (n.d.), there are lots of online sites where people can
spend some money for fake service dog vests, ID cards, certificates, and other forms of fake
service dog identification. Examples of fake certification online are Service Animal Registry of
America, Goldstar German Shepherds, Registered Service Dog, Service Dog ID, and many more
(Service Dog Central, 2014). Its not hard for someone to easily obtain one of these and claim
their animal is a service animal. Not only do most of these fake service animals display bad
behavior, their owners often fail to properly clean up after their animals, frequently bring
animals that are poorly trained or badly behaved into establishments, and as a result, give
legitimate service dog handlers a bad name. If one of these things were to happen while a
service dog was faking to be a real one and the media got a story out of it, it would be all over
the news, ruining real service dogs reputation and furthering the problem of businesses, schools
and airplanes denying access to legitimate service animals.
Conclusion

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15

After looking at all the information presented in this paper, including the changes in
service dogs in the past 30 years, service dog training and the tasks they perform for their
owners, the different between service animals and therapy animals, and examples of laws
concerning service animals and their owners in public businesses, public schools, and airplanes,
it is easy to see that there is a problem with places denying the goods and services they provide
to individuals with disabilities who choose to be accompanied by a service animal. The training
that service animals have to go through and the benefits they provide for their owners because of
their disabilities is enough reason to give service animals the right to enter places of
establishments without discrimination. The purpose of the Americans With Disabilities Act is so
that those with disabilities can live lives as close as possible to everyone else. However, when
these establishments restrict their entry, it bars them of their rights. Those who fake service
animals do not make the problem any easier, and in fact make it harder for those who are trying
to prevent these problems from happening. The federal laws put in place are established for a
reason and many refuse to obey them based on confusion or misunderstanding. As these
problems rise, requests to allow service animals in the classroom increase as well. Many school
districts are unsure on how to handle theses requests and often deny them, but service animals
are shown to provide many mental and physical benefits for autistic children, those who most
commonly hold these requests. The community needs to be aware of the changes that service
animals have made recently and encourage acceptance in the community.

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