What Is Required To License A Service Dog Underneath The Ada?

OLR Research Report

SERVICE DOGS AND THE Law

By: Kevin E. McCarthy, Main Analyst

QUESTIONS Does Connecticut constabulary or the federal Americans with Disabilities Human action (ADA) crave proof that a domestic dog is being used to assistance a person with disabilities to exist afforded the protections allowed service dogs and their owners? Is in that location any Connecticut law on falsely challenge that an beast is a service canis familiaris? Do other states have such laws? Has there been any Connecticut legislation on registering service dogs?

This report addresses only the ADA and not other federal laws, notably the Fair Housing Deed, that take provisions regarding the utilize of service dogs.

SUMMARY

Connecticut law requires public accommodations to permit people who are blind, deaf, or mobility impaired to apply service dogs to aid them. The ADA has similar provisions but covers a wider range of disabilities, including mental and psychiatric disabilities.

Connecticut law does not require a person using a service dog to prove that the dog is being used to help with disabilities in social club to be afforded the protections allowed to people using service dogs. Similar other dogs, the service dog must be licensed and have a tag. If the dog has non been previously licensed, the possessor must present documentation that the dog has been accordingly trained as a service dog to get a license. The ADA likewise does non crave such proof and its implementing regulations limit the types of questions that people working in the private and public facilities it covers tin can inquire well-nigh the domestic dog or its owner.

At that place is no Connecticut law on falsely claiming that a dog is a service dog. California, Idaho, Kansas, Maine, Michigan, Missouri, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, Texas, Utah, and Washington have such laws. In most cases, the offense is a misdemeanor. In some cases, these laws appear to conflict with the ADA, for example by limiting the use of service dogs to people with physical disabilities. To the extent there is a conflict, information technology would appear that the ADA would supersede the state law.

Nosotros take establish no Connecticut legislation on establishing a service dog registry.

PROTECTIONS FOR SERVICE DOGS

Connecticut

Connecticut law has 2 provisions ( C GS �� 46a-44 and 46a-64 ) protecting people with specified disabilities who use guide or assistance dogs to help them, as well every bit people who train dogs for these purposes. (More often than not, in Connecticut law, guide dogs help blind people, while assistance dogs help deafened or mobility-impaired people.)

CGS � 46a-44 entitles any blind, deafened, or mobility-dumb person using, or any person training, a guide or assistance domestic dog to:

ane. enter whatever public building or place of public accommodation that caters or offers its services or facilities or goods to the general public (e.k., a restaurant or hotel);

2. keep the dog with him or her at all times at no extra accuse;

3. travel on a train or on any other mode of public transportation; and

4. visit, with his or her canis familiaris, (a) whatever place of public adaptation or (b) a abode equally a guest of a lawful occupant.

CGS � 46a-64 prohibits public accommodations from denying full and equal admission to whatsoever blind, deaf, or mobility-impaired person or any person training a guide or assistance dog, accompanied past his or her dog. The facility must post a sign saying that anyone with these disabilities may enter with a dog wearing a harness or an orange-colored leash and neckband. The person with disabilities or who is training the dog is liable for any damage the dog does to the premises or facilities.

To be covered past these provisions, a person preparation the dog must exist employed and authorized to engage in preparation activities by a guide or assistance dog system that complies with criteria for membership in a professional person clan of guide canis familiaris or assistance dog schools. The trainer also must carry photographic identification indicating this employment and authorization.

For both provisions, the dog must (ane) be in the direct custody of the person with disabilities or the trainer and (two) wear a harness or an orange-colored leash and collar. CGS � 46a-44 additionally covers a person who volunteers for such organizations that authorizes volunteers to enhance such dogs and appropriately identifies the dog with:

ane. tags,

2. ear tattoos,

three. identifying bandanas (on puppies),

4. identifying coats (on adult dogs), or

v. leashes and collars.

ADA

The ADA prohibits bigotry against, and ensures equal opportunity for, persons with disabilities in public accommodations, commercial facilities, transportation, and state and local government services. Under the act, a person with a disability is someone who (1) has a physical or mental impairment that substantially limits one or more major life activities, (2) has a history or tape of such an impairment, or (3) is perceived past others every bit having such an damage. Public accommodations are businesses that are generally open to the public, such as stores, restaurants, theaters, schools, and day intendance and recreation facilities.

U.Southward. Department of Justice regulations implementing the ADA require public accommodations to modify their policies, practices, or procedures to let an individual with a disability to use a service animal (28 CFR � 36.302(c)(1)). The regulations define a service animal equally a dog that is individually trained to exercise work or perform tasks for people with disabilities (28 CFR � 35.104, 28 CFR � 36.104). The disability can exist concrete, sensory, psychiatric, intellectual, or mental. In addition to guiding people who are blind, service animals can alert a person who is deaf, pull a wheelchair, alarm and protect a person who is having a seizure, remind a person with mental illness to take prescribed medications, calm a person with Post Traumatic Stress Disorder during an feet attack, or perform other duties. The piece of work or task a dog has been trained to provide must be directly related to the person ' south disability. Dogs whose sole function is to provide comfort or emotional support do not authorize as service animals under the ADA.

Under the ADA, service dogs must be harnessed, leashed, or tethered, unless these devices interfere with the domestic dog ' s piece of work or the individual ' south disability prevents using these devices. A person with a inability cannot be asked to remove his or her service dog from the premises unless: (1) the dog is out of control and the handler does not take effective action to control information technology or (ii) the dog is not housebroken.

PROVING THAT A Domestic dog IS BEING USED TO Aid PEOPLE WITH DISABILITIES

Connecticut Police

Connecticut police force does non require proof that a dog is being used to help a person with disabilities in order for it and its owner to be afforded the protections allowed under the law. However, CGS � 22-345 requires a blind or deaf person or person with mobility impairments who owns or keeps a guide canis familiaris to obtain a dog license and tag from the town clerk where the dog is owned or kept. If the clerk has not previously licensed the domestic dog, the possessor must present written evidence that the dog is trained and educated and intended in fact to perform guide service for the possessor. Whatever person who has a domestic dog placed with him or her temporarily by a nonprofit organization that trains or educates guide dogs must obtain a dog license and tag from the town clerk where the dog is owned. The person who temporarily cares for the dog must nowadays written evidence that the organization placed the dog with him or her.

Federal Law

Under the ADA regulations, staff at facilities subject area to the ADA can ask only two questions: (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? Staff cannot inquire nigh the person ' s disability, require medical documentation, or ask that the domestic dog demonstrate its ability to perform the work or task. Nor tin can they crave documentation, such equally proof that the dog has been certified, trained, or licensed as a service domestic dog (28 CFR � 35.136, 28 CFR � 36.302). With regard to facilities covered by the ADA, it appears that, under the Supremacy Clause of the U.S. Constitution, these provisions would supersede state laws requiring domestic dog owners to provide such documentation.

Further information on the ADA regulations is bachelor at http://www.ada.gov/service_animals_2010.htm .

MAKING Faux CLAIMS

There is no Connecticut police on making claims that an beast is a service dog, but 14 other states have such laws.

California

Anyone who knowingly and fraudulently represents himself or herself, through exact or written notice, to be the owner or trainer of dog licensed every bit, to exist qualified as, or identified every bit, a guide, signal, or service canis familiaris is guilty of a misdemeanor punishable by imprisonment in the county jail for upwards to six months, by a fine of up to $1,000, or both ( Cal. Penal Cod east � 365.vii ).

Idaho

Any person who does not have a disability or is non beingness trained to assist disabled persons who uses an aid dog in an attempt to gain treatment or benefits as a disabled person is guilty of a misdemeanor ( Idaho Code � 18-5811A ) .

Kansas

It is a class A misdemeanor for any person to stand for that he or she (1) has the right to be accompanied by an assistance or therapy canis familiaris or (2) has a disability for the purpose of acquiring an assist dog unless he or she has a inability ( Kan. Stat. Ann. � 39-1112 ).

Maine

A person who fits a dog with a harness, collar, vest, or sign of the type ordinarily used by blind or disabled persons to stand for that the dog is a service canis familiaris when the canis familiaris (i) has not received the blazon of training that guide dogs normally receive or (2) does not meet the definition of "service dog" tin can exist fined upward to $500 ( 17 Me. Rev. Stat. Ann. � 1314-A ).

Michigan

A person who is not deaf, audibly dumb, or otherwise physically limited may not use or possess a dog that is wearing a blaze orange leash and collar or harness in any public place. Violation is a misdemeanor, punishable by a fine of non more than $x ( Mich. Code � 752.61 - 63 ).

Missouri

Any person who knowingly impersonates a person with a disability for the purpose of receiving the accommodations regarding service dogs under the ADA is guilty of a class C misdemeanor and is also civilly liable for the amount of any actual damages resulting from the impersonation. Whatsoever 2d or subsequent violation of this department is a form B misdemeanor ( V. A. M. Due south. � 209.204 ).

Nebraska

The use of a guide dog by someone who is non blind is a Class Three misdemeanor ( Bill. Rev. St. � 28-1313 ).

Nevada

Whatsoever person who is not blind or deaf, or has no other blazon of physical inability who uses a service animal is guilty of a misdemeanor ( Nev. Rev. Stat. � 426.510 ) . In addition, it is a misdemeanor punishable by a fine of up to $500 for a person to fraudulently misrepresent an brute as a service animal or service animal-in- training ( Nev. Rev. Stat. � 426.805 ) .

New Hampshire

It is unlawful for whatever person to fit an beast with a (ane) collar, leash, or harness of the blazon which represents that the creature is a service fauna or (two) service brute tag if in fact the brute is non and to thus utilise it to misrepresent the person ' south physical condition ( N.H. Rev. Stat. � 167-D:viii ) . Violation of these provisions is a misdemeanor ( N.H. Rev. Stat. � 167-D:10 ).

New Bailiwick of jersey

Anyone who fits a dog with a harness of the type commonly used past blind persons to stand for that their dog is a guide dog when in fact it is not trained equally a guide dog is subject to a $100 to $500 fine ( N.J. Stat. Ann. �x:v-29.5 ) .

New Mexico

New Mexico passed legislation in 2013 making information technology a misdemeanor to knowingly falsely claim that a dog is a "qualified service dog." A qualified service dog is one that has been trained or is being trained to work or perform tasks to benefit an individual with a disability who has a concrete or mental impairment that substantially limits one or more major life activities. The definition excludes emotional support, condolement, and therapy dogs, which practice not piece of work or perform tasks for an individual with a inability and does not accompany the individual at all times ( Northward.M. Stat � 28-xi-6 ).

New York

It is a violation for anyone to knowingly affix to any dog any imitation or improper special tag for identifying guide, service, or hearing dogs. A first offense is punishable past a fine of not less than $25. A second offense within five years is punishable past a fine of not less than $50 and a third criminal offence within v years is punishable by a fine of non less than $100, imprisonment for not more than xv days, or both ( N.Y. Agric. & Mkts. Police force � 118 ).

North Carolina

It is a grade 3 misdemeanor to disguise a domestic dog as an assistance dog ( N.C. Gen. Stat. � 168-iv.5 ) .

Texas

A person who uses an assistance brute with the type of harness or leash commonly used by persons with disabilities to represent that his or her brute is a particularly trained assistance creature when non trained as such is guilty of a misdemeanor punishable by a fine of up to $200 ( Tex. Man Resource Code � 121.006 ).

Utah

A person is guilty of a class B misdemeanor if he or she intentionally and knowingly (one) falsely represents to some other person that an animal is a service beast or (2) misrepresents a material fact to a wellness care provider to obtain the documentation from the provider required to designate an creature equally a service brute ( Utah Code Ann. 1953 � 62A-5b-106 ).

Washington

It is a misdemeanor for any pedestrian who is non totally or partially bullheaded, hearing dumb, or otherwise physically disabled to utilize a guide dog or other service animal in any public accommodation or means of transportation to secure the rights and privileges afforded to physically disabled people ( West's Rev. Code Wash. � 70.84.060 ).

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