That's a Service Dog?

If you were going to wager a bet, which one of these dogs pictured would you guess is a service or assistance dog? Because we most often see Labrador and Golden Retrievers, and German Shepherds serving as guide dogs and/or assistance animals for the visually impaired or providing assistance to people in wheelchairs, most would probably pick the Labrador. However it is a huge misconception that assistance dogs must be a large breed dog. I received a call the other day from a landlord of a property that didn't allow pets, and wanted to know what certifications a dog needs to have to be a service dog. Apparently he was checking up on one of his tenants who he thought was trying to pass off her dog as service dog. So first I wanted to know why he thought the dog wasn't, in fact, an assistance animal.

He answered, "well, it can't be. It's a Yorkie."

Sigh. The fact is, there are a multitude of services and assistance a dog can provide regardless of its size or breed. In addition to guide and mobility assistance dogs, there are hearing assistance dogs, seizure and other medical alert dogs, as well as emotional support dogs. These services can be performed by a dog of any size, and further, many are actually opting for smaller dogs for these services because they are less conspicuous and much more portable. After telling him this, I had to dispel the other misconception that a service or assistance dog must be certified or “licensed.” While there are some assistance and service animals that have undergone formal training and certification, a dog can also be trained by its own handler. What's most important to remember is that it is the disability and impairment of the handler that determines the designation of the dog. In other words, a service or assistance dog is one that has been individually trained to provide assistance or perform tasks for the benefit of a person with a physical or mental disability. Further, the handler of a service or assistance animal is protected under the Americans with Disabilities Act of 1990 (ADA) and his or her dog is allowed access because of the handler’s disability. This is very important to note because when a service or assistance animal is not allowed access, it is the civil rights of the person with the disability that is being denied and violated.

He seemed a bit taken aback. "Well how do I know she's telling the truth?"

I answered, "well, you don't."

I knew he'd love that one. Keeping the rights of the individual in mind, there are only a few specific questions the landlord can ask: 1) are you disabled, 2) is that an assistance or service Dog, and lastly the Department of Justice has made it permissible for a business owner or landlord to ask specifically how the dog assists the person. If the dog is an emotional support animal, most states do require written verification from the patient's physician or psychiatrist. However if it a medical assistance dog, as outlined in the ADA, medical conditions are personal and the decision to discuss them is solely at the discretion of the patient. Therefore a person may choose to answer this question vaguely as to not disclose his or her actual disability, and that’s well within his or her rights.

"So you mean she can just have this dog here and there's nothing I can do about it?" he continued.

I answered, "well, if she has a bonafide disability, yes, pretty much."

Before hanging up he said, "some people sure are darn lucky."

I'm not really sure what bothered him more, that he couldn't see her disability, or that she had a dog he didn't deem appropriate or worthy of being a service animal. But it did speak volumes that he considered her lucky to be disabled. I wonder if he thinks the same of the people who need to park in the handicapped spaces too.