Service Animals Ada Faq
DCAB provides technical assistance and information on service and assistance animals to individuals with disabilities, state and local government entities, places of public accommodation and commercial facilities, residential managers and owners, and policy makers. For information contact [email protected] or 808-586-8121.
DCAB’s technical assistance and information DOES NOT INCLUDE providing any certification, licensure, or animal documentation. DCAB also DOES NOT SELL ITEMS (vests, leashes, etc.) that may be used by handlers.
DCAB has developed two flyers that may be downloaded and printed on 8-1/2” x 11” paper and used for informational purposes at various locations. The two flyers are “Service Animals in Places of Public Accommodation or State/Local Government Programs” and “Assistance Animals in a Housing Accommodation (Residential Settings)” and are shown below. To print, click on the PDF Links:
Faqs: Rules And Facts About Service Dog Ada Regulations
In addition, DCAB has developed a 5 1/2″ x 4 1/4″ card on firm cardstock with the exact same information that is contained in the Service Animal flyer noted above. This card is suitable for individual staff, especially security or other similar personnel. If your organization would like multiple copies, please contact DCAB at [email protected] . You may also download and print your own copy by clicking on the link below.
The HCRC enforces §515-3 Hawaii Revised Statutes relating to non-discrimination in housing. Non-discrimination on the basis of failure to provide reasonable accommodation for a service animal is specifically referenced. The HCRC has a Fact Sheet entitled “Assistance Animals as a Reasonable Accommodation in Housing” that provides guidance on accommodating an assistance animal for a person with a disability, including reasonable restrictions and responsibilities of a resident with an approved animal.
The HCRC enforces other laws in the area of public accommodations, employment in addition to housing. There are no fact sheets related to service or other assistance animals available. Individuals may contact the HCRC directly at https://labor.hawaii.gov/hcrc/ for more information.
The Facts On Accommodating Service Animals And Emotional Support Animals At Your Facility
There is no legal requirement for licensure or certification. Service or assistance animals may be individually trained by their handler to perform functions. However, there are several organizations that provide such training (note: only no-profit agencies and organizations, not individuals are listed).
Hawaii is the only state with a quarantine law that has been enacted to maintain its rabies-free status. Animal quarantine impacts animals that are brought in to the state from a locale that is not rabies-free (i.e., Australia is rabies-free and hence service animals from Australia are not subject to quarantine with the proper documentation.
The Department of Agriculture provides information on bringing service animals into the State of Hawaii. Click the link for the Department of Agriculture’s webpage on service animals. Click the link to the Department of Agriculture’s Administrative Rules on Animal Quarantine with a section on service animals. Note that quarantine rules are applicable only to Service Animals, not other Assistance Animals.
Psychiatric Service Dog: Benefits, Laws, Training
The federally funded, national network of ADA Centers (of which DCAB is a state affiliate) hosts a Service Animal resource hub with updated national and federal resources relating to service and assistance animals. All of the information provided is specific to the Americans with Disabilities Act (ADA), Fair Housing Act (FHA), Air Carrier Access Act (ACAA) or other federal laws.
Service Animal Basics: Basic information about the definition of a service animal, where they can go, and what questions you can ask a handler? FAQs, Service Animal Videos, Service Animal Booklet. Links to U.S. Department of Justice Fact Sheets are provided
Traveling with a Service Animal: Information about traveling with a service animal or emotional support animal – flying with an animal, using ground transportation systems, and accessing hotels. Links to U.S. Department of Transportation documents are provided.
Frequently Asked Questions About Service Animals And The Ada
Living with a Service Animal: Information about reasonable accommodations for service animals and emotional support animals in housing. Information on Federal Fair Housing Laws is provided. Links to U.S. Department of Housing and Urban Development documents are provided.
Taking a Service Animal to School: Information about taking a service animal to school, including K-12 schools and post-secondary institutions. Information on Section 504 of the Rehabilitation Act, the ADA, and the Individuals with Disabilities Education Act is provided.
The internet provides links to entities that offer either (1) certification of an animal as a service or other assistance animal; (2) ability to register an animal on a national registry or database with or without certification; or (3) the sale of various products such as vests, ID cards, and other items to identify an animal as a service or assistance animal. All of the above are usually available for an on-line fee.
Ada Compliance: Service Animals
Michigan State University’s Animal Legal and Historical Center has compiled comprehensive state-by-state information on the different state laws related to service animals, including the fraudulent representation of a service animal.According to the U.S. Department of Justice, the Service Animal is defined as a dog that is specifically trained to perform a task (or tasks) for an individual with a disability.
With this definition in mind, a Service Dog is not an ordinary pet or even one that is being used for emotional support (ESA).
There may be some confusion as to the difference between a Service Dog and an Emotional Support Animal. As we mentioned earlier, the Service Dog must be specifically trained to perform a task that the person cannot do for themselves.
Service And Assistance Animals
An Emotional Support Animal is defined as any animal that is being used by an individual with a mental or emotional disability for comfort. This can include helping people with social anxieties, PTSD, phobias, anxiety, and depression. Unlike a Service Dog, an ESA is not specifically trained for providing a task(s) for their owner.
Unlike an Emotional Support Animal, Service Dogs are allowed into all areas where the general public has a right to go. This includes restaurants, hotels, theaters, public transportation, libraries, retail outlets, malls, etc.
Before you can have a legitimate Service Dog, you must have a disability that requires the assistance of a canine companion. Some disabilities are obvious and therefore will need no explanation for the dog. Other conditions may not be so visible, but that doesn’t mean you are not entitled to having one.
Faqs On Service And Emotional Support Animals
The Americans With Disabilities Act (ADA) does have a clear definition as to what is considered disabled. If you are unsure, ask your doctor if you may qualify for a Service Dog.
Training of the Service Dog to perform a specific task is key to it being legitimate. According to the ADA, the Service Dog does not need to be professionally trained, meaning the disabled individual may go through this process themselves.
However, be aware that the handler of the dog is 100% responsible for that canine in all situations. The Service Dog must be under your control at all times. It cannot exhibit any unruly behavior such as jumping, begging, wandering off, barking, lunging at people, etc.
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The ADA also does not consider a Service Dog in training a full-fledged assistance animal, so it is not yet allowed into those public areas that are normally off limits to dogs.
The Service Dog is also not legally required to wear any identification of its status; however, having a specifically marked vest, harness or badge will make it easier when you are dealing with the general public.
Note: The staff are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of your disability.
Must Employers Allow Service Animals In The Workplace?
If you have a disability and need the help of a Service Dog, know your rights. You are allowed to have this working animal with you in all areas open to the general public. However, your dog must be well behaved and in your control at all times. If your disability is not openly visible, staff members are only legally able to ask you two questions in regards to your Service Dog.
Don’t suffer another minute when a Service Dog may be the answer to getting you back on the road to living a more productive, normal life.
Information at this site is provided solely for the user’s information and, while we strive to be accurate, all information is provided strictly “as is” and without warranty of any kind. It is not intended to be used as a substitute for legal counsel from a qualified attorney. , its agents, affiliates, employees or contractors will not be liable to you for any damages, direct or indirect, or lost profits arising out of your use of information provided at this site, or information provided at any other site that can be accessed from this site.
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