WHAT IS THE DIFFERENCE AND WHY SHOULD I CARE?

Overview: Assistance Animals 101 What are therapy dogs vs service dogs vs emotional support animals? What legal protections apply to each? Frequently Asked Questions

THERAPY DOGS

SERVICE ANIMALS UNDER THE ADA Service animals are animals that perform tasks for people with disabilities SEEING EYE DOGS HEARING DOGS ALERT DOGS

SERVICE ANIMALS UNDER THE ADA BUSINESSES AND ORGANIZATIONS OPEN TO THE PUBLIC MUST ALLOW SERVICE ANIMALS IN ANY AREA THAT CUSTOMERS ARE NORMALLY ALLOWED TO GO RESTAURANTS, TAXIS, HOSPITALS, GROCERY STORES, DEPARTMENT STORES, THEATERS, PARKS BUSINESSES MAY ASK IS THE ANIMAL A SERVICE ANIMAL? WHAT TASKS HAS IT BEEN TRAINED TO PERFORM?

SERVICE ANIMALS UNDER THE ADA Businesses that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises.

SERVICE ANIMALS UNDER THE ADA BUSINESSES MAY NOT: DEMAND TO SEE PROOF THAT THE ANIMAL IS A SERVICE ANIMAL ASK WHAT THE PERSON’S DISABILITY IS CHARGE A PERSON WITH A SERVICE ANIMAL MORE TREAT DISABLED PEOPLE WITH SERVICE ANIMALS DIFFERENTLY OR LESS FAVORABLY THAN OTHER PATRONS

Service animals may be excluded from a place of public accommodation only if: accommodating the animal would fundamentally alter the nature of the facility or service it provides, based upon an individual assessment, the service animal poses a substantial and direct threat to health or safety which cannot be mitigated the animal is out of control or not housebroken

SERVICE ANIMALS UNDER THE ADA FEAR OF ANIMALS OR ALLERGIES ARE NOT VALID REASONS FOR EXCLUDING A SERVICE ANIMAL SERVICE ANIMALS ARE NOT REQUIRED TO WEAR VESTS OF SPECIAL IDENTIFICATION SERVICE ANIMALS DO NOT REQUIRE CERTIFICATION

VIOLATORS OF THE ADA MAY BE FINED OR SUBJECT TO CIVIL LIABILITY OR BOTH

FLORIDA LAWS REGARDING SERVICE ANIMALS  Rights of an individual with a disability; use of a service animal; Makes it a criminal violation to deny or interferes with admittance to, or enjoyment of, a public accommodation or otherwise interferes with the rights of an individual with a disability or the trainer of a service animal while engaged in the training of such an animal

FLORIDA LAWS REGARDING SERVICE ANIMALS Access to public areas must be given to service dog trainers Housing provisions do not apply to service animals in training

FLORIDA LAWS REGARDING SERVICE ANIMALS An individual with a disability who has a service animal or who obtains a service animal is entitled to full and equal access to all housing accommodations provided for in this section, and such a person may not be required to pay extra compensation for the service animal. Section Fla. Stat. provides that any violation of any Florida statute regarding discrimination gives rise to a cause of action for injunctive relief and compensatory damages, including, but not limited to, damages for mental anguish, loss of dignity, and any other intangible injuries, and punitive damages.

FLORIDA LAWS REGARDING SERVICE ANIMALS It is a crime to interfere with, or permit a dog to interfere with, the use of a service animal by “obstructing, intimidating, or otherwise jeopardizing the safety of the service animal or its user.” It is a crime to kill or injure a service animal or permit a dog to do so. Violator must make full restitution for all damages that arise out of or are related to the offense.

FLORIDA LAWS REGARDING SERVICE ANIMALS Restitution includes the value of the service animal; replacement and training or retraining expenses for the service animal and the user; veterinary and other medical and boarding expenses for the service animal; medical expenses for the user; and lost wages or income incurred by the user during any period that the user is without the services of the service animal.

Emotional support animals

“Emotional support animals by their very nature, and without training, may relieve depression and anxiety, and/or help reduce stress- induced pain in persons with certain medical conditions affected by stress.”

EMOTIONAL SUPPORT ANIMALS An emotional support animals provide therapeutic support to a disabled owner through companionship, non-judgmental positive regard, affection, and a focus in life. Emotional support animals are beneficial to people suffering from a variety of disabilities, including depression, dementia, anxiety, autism, ptsd

EMOTIONAL SUPPORT ANIMALS Unlike service animals, emotional support animals need not be “individually trained” to do anything "emotional support animals do not need training to ameliorate the effects of a person`s mental and emotional disabilities. Emotional support animals by their very nature, and without training, may relieve depression and anxiety, and/or help reduce stress- induced pain in persons with certain medical conditions affected by stress."

EMOTIONAL SUPPORT ANIMALS Under the Fair Housing Act, no pet restrictions must be waived for all assistance animals, service animals and emotional support animals Protections of ADA, access to public places, does not extend to emotional support animals

EMOTIONAL SUPPORT ANIMALS Weight and breed restrictions may not be applied to assistance animals

FAQS REGARDING ASSISTANCE ANIMALS

How can I get Fluffy “certified”? $64.95 plus shipping!

who can verify a disability related need for an assistance animal? Persons who are seeking a reasonable accommodation for an emotional support animal may be required to provide documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides support that alleviates at least one of the identified symptoms or effects of the existing disability.

HOW INFORMATION IS ENOUGH? Housing providers may request verification that the person asking for an accommodation has a disability, and an explanation of the nexus between the requested accommodation and the disability A housing provider also may not ask an applicant or tenant to provide access to medical records or medical providers or provide detailed or extensive information or documentation of a person's physical or mental impairments.

HOW INFORMATION IS ENOUGH? documentation is sufficient if it establishes that an individual has a disability and that the animal in question will provide some type of disability-related assistance or emotional support

WHAT IF A SERVICE DOG BITES ? Service dogs are exempt from any quarantine requirement following such bite if the dog has a current rabies vaccination that was administered by a licensed veterinarian.

When is an assistance animal necessary vs desirable? If the accommodation will affirmatively enhance quality of life by ameliorating (or reducing) the effects of his or her disability. It is not necessary to prove that there are no alternatives treatments.

when can an assistance animal be removed from a community ? animal's behavior poses a direct threat to the health and safety of others, and its owner takes no effective action to control the animal's behavior so that the threat is mitigated or eliminated.

IS THERE ANYWHERE SERVICE ANIMALS CANNOT GO? Refusing to allow service dogs on cruises, at an MRI facility, at a psychiatric hospital, on a brewery tour, and at a law office have all been found to be violations.

IS THERE ANYWHERE SERVICE ANIMALS CANNOT GO? Fundamentally alter the nature of services provided Pose a direct threat to health and safety The only generally recognized exception— allowing blanket prohibitions of service animals—is in "limited- access areas that employ general infection-control measures" such as those requiring strict hygiene rules and protective barriers like gloves, gowns, and masks.

WHAT IS A PSYCHIATRIC SERVICE ANIMAL?

WHAT ABOUT EMOTIONAL SUPPORT ANIMALS ON AIRPLANES? Governed by the Air Carrier Access Act May ask for a recent (not older than 1 yr) letter from a licensed mental health professional Flights more than 8 hrs long treated differently

OMG, WHAT ABOUT THE FAKERS?

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