b'Service Dog Wanted. Are dogs that provide emotional support consideredservice dogs?Training Not Optional. Generally not. The Department of Justice (DOJ) is very clearthat a service dog is one that has been trained to performtasks directly related to a persons disability; therefore, justThe Service Dog Dilemma. by Marion Gwizdala because it is trained to sit, lie down, and stay does not makeit a service dog. Furthermore, the rules are very clear that theAccording to the implementing regulations of the crime deterrent effects of an animals presence and the provi-Americans with Disabilities Act, a service animal is any sion of emotional support, well-being, comfort, or compan-dog that is individually trained to do work or perform ionship do not constitute work or tasks for the purposes oftasks for the benefit of an individual with a disability. this definition. 28CFRPart35.104&28.CFRPart28 CFR Part 35.104 & 28 CFR Part 36.104. 36.104.How can I determine if a dog is a service animal?Businesses have the right to ask certain questions and those ofus with service animals have the obligation to answer them.In fact, you should be suspicious of those who object to thesequestions. Keep in mind, though, that the regulations say that,if it is obvious the animal is a service animal because it isobserved performing a task such as guiding a person who isblind or pulling a wheelchair, these questions are generallyinappropriate.First, since only a person who is disabled has the right tobe accompanied by a service dog, you may ask the person if thedog is required because of a disability. You may not, however,inquire about the nature or extent of the persons disability. Secondly, since the definition only includes a dog thathas been trained to do work or perform tasks, you may askwhat tasks the dog has been trained to perform. You may not,though, ask for a demonstration of the work or tasks the dogperforms. While some users may have documentation or havetheir dogs in a harness, a special coat, or some other identify-ing markings, no documentation or gear is required as a con-dition of access. And just because a dog is wearing gear thatidentifies the dog as a service dog does not necessarily meanit is. If you are not sure if the dog is really a service dog,politely ask the above questions. Most legitimate service dogusers are aware of what questions can be asked and are moreJeffrey and Sharif - Canine Companions for Independence. than willing to offer you their credible assurance that theirdog is a service dog.Examining this definition in an effort to better understandit, the first thing we notice is that it only mentions dogs. In fact, What rights do I have as a business?further on, the regulations specifically state that no other animal, The right of an individual who is disabled to be accompaniedwith the exception of a miniature horse, is a service animal; by a service dog is not unconditional. Businesses have thehowever, individual states have the right to create laws that are right to expect that service dogs are housebroken and behavebroader than federal laws and a few states, including Florida, properly. Service dogs should always be kept on a leash orhave definitions that include any animal that has been trained tether unless doing so interferes with the work or tasks theto perform tasks for the benefit of a person with a disability. dog is trained to perform. In such cases, the dog should be413.08(1)(d)f.s. This is generally because those states with under voice or hand control. 28 CFR Part 35.104 & 28broaderdefinitionshavenotmodifiedtheirstatutestokeep CFR Part 36.104. The dog should stay close to its handlerthem in line with federal law; however, there is a bill currently andshouldnotbarkoractaggressivelytowardotherin the Florida legislature that will change this definition, as well customers or dogs.as provide criminal penalties for those who misrepresent their Though local Health Departments may restrict pets frompets as service animals (see below). It is also worthwhile to note entering restaurants, service animals are not considered petsthat Florida law also provides criminal penalties for those who and may not be excluded. The dog should not be fed from thedeny or interfere with the right of a disabled individual to be table and may not be allowed in the kitchen or other areas ofaccompanied by a service animal. 413.08(4). food preparation.50 THE NEW BARKER www.TheNewBarker.com'