This month we want to highlight service dogs – to explain what the are, and what they are not, and briefly cover laws addressing rights and responsibilities of the person and the service animal.
A service dog (or miniature horse!) has been trained to assist a disabled individual. This could be a physical disability; visual, speech, or hearing impairment; mental disability; post-traumatic stress disorder (PTSD); developmental or intellectual disability. The tasks or work the animal is trained to do must be directly related to the disability. Texas law does not consider emotional support dogs to qualify, as they are not specially trained. An example of a task might be retrieving medication and/or water if the person is unable to do it because of a medical condition, or alerting about low blood pressure.
Under Texas law, service animals are legally permitted to accompany their person to all public places, including restaurants, schools, hospitals, stores, theaters, government buildings, public transportation, and so on, even if pets are not allowed.
Under the Americans with Disabilities Act, business owners may ask individuals with service dogs only two questions regarding their service animal: Is the service dog required due to a disability, and what type of work is it trained to do? The ADA states you may not ask questions about the disability, or request any documentation or certification about the disability or the animal.
A service animal is permitted to live in housing even if other pets are not allowed. However, there are some responsibilities. Dogs must be under control with a harness or a leash and not aggressive, or else they may be asked to leave a business. There is no “registration” for a service animal.
A business, organization, or person that denies a disabled person with a service animal public access to a business may be charged with a misdemeanor, fined up to $300, and/or required to do 30 hours of community service. The penalties are the same for someone who falsely represents their animal as if it is a trained service animal when it is not.
Before petting any dog, always ask if it’s ok.