The Air Carrier Access Act of 1986 (ACAA) - Flying with your Service Dog

AMERICANS WITH DISABILITIES ACT (ADA)

28 code of Federal Regulations (CFR) Part 36 Sections 36.104 and 36.302

LOCATIONS ALLOWED:

Areas open to the general public:  A public accommodation shall modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability in any area open to the general public.  Areas not open to the general public:  In areas not open to the general public, a public accommodation shall modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability.  If the modification would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodation offered or provided by the public accommodation, or if the policies, practices, or procedures are necessary for safe operation, the use of a service animal may be denied.

http://www.usdoj.gov/crt/ada/adahom1.htm

 Section that deals with Service animals

http://www.usdoj.gov/crt/ada/svcabrs3.pdf

Americans with Disabilities Act

Service animals are animals that are individually trained to perform tasks for people with disabilities such as guiding people who are blind, alerting people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a seizure, or performing other special tasks. Service animals are working animals, not pets.

Under the Americans with Disabilities Act (ADA), businesses and organizations that serve the public must allow people with disabilities to bring their service animals into all areas of the facility where customers are normally allowed to go. This federal law applies to all businesses open to the public, including restaurants, hotels, taxis and shuttles, grocery and department stores, hospitals and medical offices, theaters, health clubs, parks, and zoos.

Caption: Businesses that serve the public must allow people with disabilities to enter with their service animal.

Businesses may ask if an animal is a service animal or ask what tasks the animal has been trained to perform, but cannot require special ID cards for the animal or ask about the person's disability.

• People with disabilities who use service animals cannot be charged extra fees, isolated from other patrons, or treated less favorably than other patrons. However, if a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may be charged for damage caused by his or her service animal.
  
• A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the animal is out of control and the animal's owner does not take effective action to control it (for example, a dog that barks repeatedly during a movie) or (2) the animal poses a direct threat to the health or safety of others.
  
• In these cases, the business should give the person with the disability the option to obtain goods and services without having the animal on the premises.
  
• 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.
  
• A business is not required to provide care or food for a service animal or provide a special location for it to relieve itself.
  

• Allergies and fear of animals are generally not valid reasons for denying access or refusing service to people with service animals.
  
  
• Violators of the ADA can be required to pay money damages and penalties.
  

Service (or assistance) dogs are dogs used to help a person with a disability. Guide dogs for the blind are one kind of service dog as are hearing dogs and mobility dogs. Service dogs can be used for many disabilities both visible and hidden, physical or pychiatric. Service dogs enable their disabled partners to live a more fullfilling and normal life. Service dogs may be aquired from an agency that trains them for such a purpose or the disabled individual may select and train their own (or pay someone to train them). There is no special breed that must be used though Labradors,German Shepherds and Golden Retrievers are many agencies favorites- but as long as they are of suitable temperment and physical/mental ability and can do the job, they may be a service dog. Lets look at what the law says concerning service dogs. To use a service dog the very first test is that the person must be disabled. This is what the law says-

"(2) Disability.--The term "disability" means, with respect to an individual-- (A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment. "Here is some further guidence on this-

"Physical or mental impairment. Under the first test, an individual must have a physical or mental impairment. As explained in paragraph (1)(i) of the definition, "impairment" means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs (which would include speech organs that are not respiratory such as vocal cords, soft palate, tongue, etc.); respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine. It also means any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. This list closely tracks the one used in the regulations for section 504 of the Rehabilitation Act of 1973 (see, e.g., 45 CFR 84.3(j)(2)(i)).

"Test 1- Substantial limitation of a major life activity. Under Test A, the impairment must be one that "substantially limits a major life activity." Major life activities include such things as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. A person is considered an individual with a disability for purposes of Test A, the first prong of the definition, when the individual's important life activities are restricted as to the conditions, manner, or duration under which they can be performed in comparison to most people. A person with a minor, trivial impairment, such as a simple infected finger, is not impaired in a major life activity. A person who can walk for 10 miles continuously is not substantially limited in walking merely because, on the eleventh mile, he or she begins to experience pain, because most people would not be able to walk eleven miles without experiencing some discomfort The question of whether a temporary impairment is a disability must be resolved on a case-by-case basis, taking into consideration both the duration (or expected duration) of the impairment and the extent to which it actually limits a major life activity of the affected individual. The question of whether a person has a disability should be assessed without regard to the availability of mitigating measures, such as reasonable modifications or auxiliary aids and services. For example, a person with hearing loss is substantially limited in the major life activity of hearing, even though the loss may be improved through the use of a hearing aid. Likewise, persons with impairments, such as epilepsy or diabetes, that substantially limit a major life activity, are covered under the first prong of the definition of disability, even if the effects of the impairment are controlled by medication.

Test 2 -- A record of such an impairment This test is intended to cover those who have a record of an impairment. As explained in paragraph (3) of the rule's definition of disability, this includes a person who has a history of an impairment that substantially limited a major life activity, such as someone who has recovered from an impairment. It also includes persons who have been misclassified as having an impairment. This provision is included in the definition in part to protect individuals who have recovered from a physical or mental impairment that previously substantially limited them in a major life activity. Discrimination on the basis of such a past impairment is prohibited. Frequently occurring examples of the first group (those who have a history of an impairment) are persons with histories of mental or emotional illness, heart disease, or cancer; examples of the second group (those who have been misclassified as having an impairment) are persons who have been misclassified as having mental retardation or mental illness.

Test 3 -- Being regarded as having such an impairment This test, as contained in paragraph (4) of the definition, is intended to cover persons who are treated by a public entity as having a physical or mental impairment that substantially limits a major life activity. It applies when a person is treated as if he or she has an impairment that substantially limits a major life activity, regardless of whether that person has an impairment.


So we see who is allowed to use a service dog in the first place- regardless of age or any other factors other then those stated, but this is not enough, now we must look to the dog. This is what the law says about the dog itself-
Sec.36.104 Definitions Service animal means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.

As we see, an animal must be individually trained to do work or perform tasks for the benefit of an individual with a disability. Individually trained, all agree, must include obediance training so that the dog behaves appropriately in public settings. This is a test that many agencies use to test the readiness of a dog for public access situations- I recommend that a person training their own dog, train it to these standards. Also some use the CGC (Canine Good Citizen)to test their dogs and It is also recommend this test as a guide. As for specific tasks to help a person with their disability, that is up to the agency and/or the disabled individual but the animal MUST be "trained to do work or perform tasks for the benefit of an individual with a disability" so there must be some kind of work or tasks beyond the obediance in my opinion, obediance is an important part but in my opinion not enough. Certification by any person, state, government or agency is NOT required for access, but may be for special privilages over and beyond what the ADA allows.

There are several federal laws which protect the right of a disabled individual to be accompanied by a service dog (see the list to the left)), as for service dogs in training, there is no federal protection. Whether or not a state allows for a service dog in training is up to the state itself. Other animals beyond dogs MAY be used as long as they are individually trained to assist their disabled owner. It is similarly a federal crime to fraudulantly represent yourself as a disabled individual (or working on a disabled individuals behalf)to gain access with an animal trained or not.

There are several states which have penal regulations which prescribe it illegal and a penalty for interferring with or harming a service animal which can include fines and/or jail time. It is also a felony under the existing rules to steal a service dog as a basically trained service dog that is fully ready for public access is worth far over the misdemeanor level as far as monetary worth goes- akin to stealing a car.

Any advice to those who wish to train their own dogs- It is advisable to first document that you are disabled by whatever means possible (dr, social security, therapists) the more, the better. Identify what your symptoms are and how your dog helps with those...or make a strategic plan on what tasks you plan to train your dog. Know the laws concerning service dogs and make sure you are following them. A letter from a dr (or other healthcare professional) stating your need for a service dog is most helpful...

BEHAVIOR & TRAINING STANDARDS FOR ALL SERVICE ANIMALS

For over 75 years, assistance dogs have worked successfully in public and won the public's acceptance by achieving high behavioral and training standards, which set them apart from pets and other animals.

In order to assure the comfort and safety of people with disabilities AND the general public, high behavioral and training standards must apply equally to all service animals. We suggest that all service animals intended for use in public, regardless of species, be required to meet the same standards required of dogs specifically trained to assist people with disabilities. We are not proposing to disallow other species from service work. Any animal that can meet the existing standards for behavior, training, cleanliness and public appropriateness may be allowed to work in public when accompanied by the person for who's disability it was specifically trained.

These standards include:

PUBLIC APPROPRIATENESS:

• Animal is clean and does not have a foul odor.
• Animal does not urinate or defecate in inappropriate locations.

BEHAVIOR:

• Animal shall not make unsolicited contact with members of the general public.
• Animal's conduct does not disrupt the normal course of business.
• Animal works without unnecessary vocalization.
• Animal shows no aggression toward people or other animals.
• Animal does not solicit or steal food or other items from the general public.

TRAINING:

• Animal is specifically trained to perform more than one task to mitigate (lessen) the effects of its partner's disability; said disability being any condition as described by and covered under the ADA that substantially impairs one or more major life functions.
• Animal obeys the commands of its handler.
• Animal works calmly and quietly on a harness, leash or other tether.
• Animal has been specifically trained to perform its duties in public and is accustomed to being out in public.
• Animal must be able to lie quietly beside the handler without blocking aisles, doorways, etc.
• Animal is trained to urinate or defecate on command
• Animal stays within 24" of its handler at all times unless the nature of a trained task requires it to be working at a greater distance. 
   

ACCESS RIGHTS OF PEOPLE WITH DISABILITIES AND THEIR SERVICE ANIMALS-New York State.

Although these are guidelines in NY state-Your state may be different.  Your State may not have as clearly defined laws.  You must check with your individual state laws. Generally States Attorney's General offices are a great place to find out this information.

This is intended to be a great source of info for people with all service dogs. 

FYI: This is a guideline only for the purposes of education and a resouces guide and Juggernaut enterprises LLC and/or www.things4yourdog.com is not liable for any information that is not up to date or incorrect.

INTRODUCTION

People with disabilities use -- and have a right to use -- the same facilities and services used by those without current disabilities; use of a service animal almost never limits that right.

This is intended to provide a communal, accurate source of information for (1) people who use or train service animals, (2) those managing or employed by places of public accommodation (including both private and governmental entities), and (3) police officers and others responsible for enforcing the rights of people with disabilities who are using service animals and of those people who train such animals.

To find the legal obligations that apply to a particular establishment, refer to the list of types of public accommodations at the end of the listing. That list uses categories from the Americans with Disabilities Act (ADA) to direct the reader to pages setting forth rights and responsibilities applicable to each type of location or service not only under the ADA, but also other Federal, State and City laws recognizing and protecting rights of people with disabilities in a wide variety of contexts. While each law has its own parameters, we have stated the "bottom line" law with respect to establishments within New York City. In most instances, the statements are applicable throughout New York State. Of course, the material does not limit the actual statutes, regulations, or governmental technical assistance materials. 

This is not offered as legal advice and should not be relied upon for particular matters without the independent advice of counsel qualified in these issues. For counsel refer to your local bar association.

MESSAGE TO MANAGERS AND EMPLOYEES OF PUBLIC
ACCOMMODATIONS

It is unlawful to discriminate against a person who is enjoying or seeking to enjoy a place of public accommodation (including a public entity) solely because that person has a disability and is accompanied by a guide dog, hearing dog, or other service animal. Americans with Disabilities Act 42 U.S.C. �12101 et seq.; 28 C.F.R. Part 35 and Part 36, �36.302(c)(1); 49 U.S.C. �41705; NY Civil Rights Law �47; NY Executive (Human Rights) Law �296(14); NY Transportation Law �147; and NYC Admin. Code (Human Rights) �8-102(4) and (18), and �8-107.4 and �8-107.15; 56 Regulations of the City of New York ("RCNY") (Department of Parks and Recreation) �1-04.

Not all disabilities that require the use of service animals are visible. Many are hidden, such as epilepsy, heart disease, lung disease and those that are of a psychological/emotional origin. A person with a disability is not required to give you any verbal or written confirmation to establish his/her disability. The animal used need not be formally trained to perform as a service animal. You may exclude any animal, including a service animal, from your facility when that animal's behavior poses a direct threat to the health or safety of others. For example, any service animal that displays vicious behavior towards other guests or customers may be excluded. You may not make assumptions, however, about how a particular animal is likely to behave based on your past experience with other animals. Each situation must be considered individually.

If you have any doubt that your entity qualifies as a place of public accommodation to which a service animal has access, consult the index at the back of the pamphlet. City and State Human Rights laws do not have an "exclusive" list of entities or services, so these are merely examples.

A SERVICE ANIMAL IS NOT A PET

A person with a disability who is accompanied by a service animal may keep the service animal in his/her immediate custody. NY Civil Rights Law �47-b(1). The service animal is admitted without charge. NY Civil Rights Law �47-b(2).

A disabled individual needs his/her service to benefit from a particular service and, therefore, should not be separated from the animal. Such separation adversely impacts on the overall ability of an individual with a disability to use places of public accommodation. Furthermore, separation not only impairs, but may destroy, the relationship between the individual and the service animal since a service animal regards such separation as punishment.

Under New York Law, a service dog must be in a harness or on a leash but need not be muzzled. NY Civil Rights Law �47-b(4). 1 Moreover, a service animal need not be secured in a kennel or other container when being transported in a taxi. 35 RCNY (Taxi and Limousine Commission) �2-50(e)(7).

A person with a disability who is accompanied by a service animal is not required to show proof that the animal is a service animal. Some, but not all, service animals wear special collars or harnesses. For example, guide dogs used by persons with vision impairments typically wear harnesses that enhance their ability to guide the person. Some, but not all, service animals are licensed and certified and have identification papers.

ROLE OF POLICE OFFICERS

It will most likely be the police officer to whom a person with a service animal will turn in the first instance when s/he is refused access to a public accommodation, as when a taxi driver refuses to provide transportation to a person with a disability accompanied by a service animal, or a restaurateur refuses to seat and serve a person with a service animal.

Prompt police action upholding the rights of people with disabilities can make the difference as to whether these individuals can enjoy these rights.

People with disabilities throughout the United States are able to function safely, independently, and efficiently with the assistance of trained service animals. They can travel to and from employment, social engagements, and recreational activities; they can perform daily errands and other activities using mass transit and other modes of transportation. The fact that they perform these tasks accompanied by service animals does not complicate the functioning of public accommodations involved. However because of misinformation or unfamiliarity with the law, individuals accompanied by service animals are often denied entry to or service from public accommodations.

The Americans with Disabilities Act was designed to end such discrimination and is nearly a decade old. New York State and New York City laws also recognize the rights of people with disabilities.

While the person who is refused service or access may later file a complaint with the appropriate authority, a police officer's immediate intervention and education will often remedy the situation and provide the best solution to all involved.

TYPES OF PUBLIC ACCOMMODATIONS

The following segments describe the particular types of public accommodations (including both public and private sector entities and services). Where appropriate, examples are provided to demonstrate how the general principles apply to the specific type of public accommodation.

FOOD OR DRINKING ESTABLISHMENTS

A food or drinking establishment includes, but is not limited to, a restaurant, bar or brewery.

For example, a brewery was directed to modify its rules to permit a service dog to accompany a visually impaired visitor in its hospitality room, a food or drinking establishment. Johnson v. Gambrinus Co./Spoetzel Brewery, 116 F.3d 1052 (5th Cir. 1997); and a restaurant was required to permit access to an individual with muscular dystrophy utilizing a wheelchair and a service dog. Flores v. Villerose, Inc., 1996 U.S. Dist. LEXIS 11171, 5 Am. Disabilities Cas. (BNA) 1672.

PLACES OF DISPLAY OR COLLECTION

A place of display or collection is a facility where objects are displayed for viewing. For example, a brewery was directed to modify its rules to permit service dog to accompany visually impaired visitor on the public tour of an exhibit in its manufacturing facility. Johnson v. Gambrinus Co./Spoetzel Brewery, 116 F.3d 1052 (5th Cir. 1997). Places of display or collection include a museum, library or gallery.

PLACES OF EXERCISE

A place of exercise includes, but is not limited to, a gymnasium, health spa, bowling alley, golf course, skating rink, shooting gallery, bath house and swimming pool, billiard hall and pool parlor, tennis court or beach.

PLACES OF EXHIBITION OR ENTERTAINMENT

A place of exhibition or entertainment includes, but is not limited to, a theater, concert hall, sports facility, motion picture house, stadium, music hall or airdrome.

The New York City Commission on Human Rights secured a settlement of $7000 from the operator of a movie theater for a would-be customer who had been denied admission when she appeared with her guide dog. Silver v. Loew's Theater Management Corp., complaint No. FH05022388DN (1989).

PLACES OF LODGING

A place of lodging includes, but is not limited to, a hotel, inn, motel or trailer camp.

PLACES OF PUBLIC GATHERING

A place of public gathering includes, but is not limited to, an auditorium, convention center or lecture hall.

PLACES OF RECREATION

A place of recreation includes, but is not limited to, a park, park building, amusement park, playground, zoo, bathing facility, picnic area, swimming pool, tennis court, beach, casino, race course, flea market or fair ground.

SOCIAL SERVICE CENTER ESTABLISHMENTS

A place of social service includes, but is not limited to, a day care center, senior citizen center, homeless shelter, battered women's shelter, food bank or
adoption agency.

PUBLIC AND PRIVATE TRANSPORTATION

A public or private transportation facility includes, but is not limited to, taxi, bus, subway, train, boat, airplane and all other public conveyances operated on land, on water or in the air offered for public use. Terminals, depots and stations are also included.

Air carriers must permit a service animal to accompany a passenger with a disability on the flight in any seat to which the individual is assigned, unless the animal obstructs an aisle or other area that must remain unobstructed in order to facilitate an emergency evacuation. If a service animal cannot be accommodated at the seat of a passenger with a disability, the carrier shall offer the passenger the opportunity to move with the animal to any seat location where the animal can be accommodated, if present on the aircraft, as an alternative to requiring that the animal travel with checked baggage. 14 C.F.R. �382.55(a); Air Carriers Access Act 49 U.S.C. �41705.

A driver of a transportation service cannot refuse to transport a passenger with a disability and his/her service animal where the trip was prearranged and the destination is within the City of New York. 35 RCNY (Taxi and Limousine Commission) �4-08.

A taxi driver cannot refuse to transport a passenger with a disability who is accompanied by a service animal to any destination within the City of New York, the counties of Westchester and Nassau, or Newark Airport. 35 RCNY (Taxi and Limousine Commission) �2-50(b).

SALES OR RENTAL ESTABLISHMENTS

A sales or rental establishment includes, but is not limited to, a grocery store or bodega, clothing store, hardware store, bakery, shopping center, ice cream parlor, bookstore, car rental establishment, pet store, video rental store or jewelry store.

SERVICE ESTABLISHMENTS

A service establishment includes, but is not limited to, a laundromat, dry cleaner and other cleaning establishment, bank, barber shop, beauty shop, shoe repair service, travel service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of health care provider, hospital, dispensary or clinic.

A person with disabilities, although not permitted in the delivery room of a hospital, may permitted in the hall of a hospital, hospital cafeteria and other public places of a hospital. See Perino v. St. Vincent's Medical Center of Staten Island, 132 Misc.2d 20 (Sup. Ct. NY Co. 1986)

GENERALLY APPLICABLE PENALTIES

Penalties for violations of these rights can be substantial. There are a variety of administrative and judicial remedies that can result in civil and criminal sanctions.

A complaint may be filed on behalf of the aggrieved individual with the New York City Commission on Human Rights (CCHR). The CCHR may seek up to $50,000 in civil penalties (up to $100,000 for willful, wanton or malicious acts) NYC Admin. Code (Human Rights) �8-126. Where the CCHR finds a pattern or practice of discrimination, the City may institute a further action for civil penalties not to exceed $250,000 (independent of damages or penalties recovered in other proceedings on the same facts). NYC Admin. Code �8-402). Any person failing to comply with a CCHR order (including conciliation agreements) is liable for an additional civil penalty of up to $50,000, in addition to being assessed $100 per day while the violation continues. NYC Admin. Code (Human Rights) �8-124. In addition, a willful violation of CCHR orders or other obstruction is a misdemeanor, punishable by a fine of not more than $10,000 and/or imprisonment for not more than one year. NYC Admin. Code �8-129.

A private right of action is available under the CCHR, including the harassment provisions. Compensatory and punitive damages, as well as injunctive and other relief, are available. A prevailing party may recover costs and attorneys' fees. NYC Admin. Code (Human Rights) �8-120 thorough 8-124; NY Civil Rights Law �40-c and �47-d.; Americans with Disabilities Act 42 U.S.C. �12101 et seq.; 28 C.F.R. �36.501 to 36.505.

A violation of the New York City Taxi and Limousine Commission regulations can be redressed by a complaint filed with that agency. Violations may be penalized by a fine not to exceed $350 for the first offense or not to exceed $500 for subsequent offenses, as well as suspension or revocation of the operator's license in appropriate circumstances. 35 RCNY (Taxi and Limousine Commission) �2-87.

In addition, a willful violation of the State Civil Rights Law where there is a pattern or practice of discrimination can be prosecuted as a class A misdemeanor punishable by a criminal fine of not more than $1,000 and/or imprisonment for not more than one year; NY Civil Rights Law �40d and �47-c; or as a violation punishable by a criminal fine of not more than $250 and/or imprisonment for not more than 15 days. NY Civil Rights Law �40d and �47-c.

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"Nobody can fully understand the meaning of love unless
he's owned a dog. A dog can show you more honest
affection with a flick of his tail than a man can
gather through a lifetime of handshakes."

Gene Hill - The Dog Man

The Civil Rights Division of the US Department of Justice has issued the following:

July 26, 1996


The Civil Rights Division of the U.S. Department of Justice and the National Association of Attorneys General have formed a Disability Rights Task Force to promote and protect the rights of individuals with disabilities.

We have found that many businesses across the country have prohibited individuals with disabilities who use service animals from entering their premises, in many instances because of ignorance or confusion about the animal's appropriate use. This document provides specific information about the legal requirements regarding individuals with disabilities who use service animals. It was prepared by the Task Force to assist businesses in complying voluntarily with the Americans with Disabilities Act and applicable state laws.

Twenty-four state attorneys general* are distributing a similar document (including state specific requirements) to associations representing restaurants, hotels and motels, and retailers for dissemination to their members.

We encourage you to share this document with businesses and people with disabilities and their families in your community.

Deval L. Patrick
Assistant Attorney General
Civil Rights Division
U.S. Department of Justice

Scott Harbarger

Attorney General

State of Massachusetts

President, National Assoc. of Attorney General 

* Alaska, Arizona, California, Connecticut, Florida, Hawaii, Illinois, Iowa, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New York, North Carolina, North Dakota, Ohio, Pennsylvania, Rhode Island, South Dakota, Washington, and Wisconsin.