Service Dogs vs Protection Dogs: Understanding ADA Standards and Business Owners' Rights

As a business owner, it is essential to understand the rights and responsibilities regarding service dogs and how to handle situations where people claim their dogs are service animals. This article aims to clarify the rules according to the Americans with Disabilities Act (ADA) and help businesses comply while fostering a welcoming environment for everyone.

Understanding Service Dogs

The ADA defines a service animal as a dog that is individually trained to do work or perform tasks for an individual with a disability. These tasks include, but are not limited to, guiding people with visual impairments, alerting individuals with hearing impairments to sounds, pulling a wheelchair, or assisting those with mobility challenges. Importantly, a service dog is not aggressive under any circumstances, regardless of the tasks it is trained to perform.

Business Owners' Rights and Responsibilities

Business owners can only ask two specific questions when faced with a service dog:

Is this a service animal required because of a disability? What specific work or tasks has the dog been trained to perform for the individual?

These questions are straightforward and should not prompt any debates about an individual's disability or the dog's actions. The business owner cannot ask for a certificate, documentation, or proof of the dog's training. The ADA requires them to accept the dog's presence solely on the individual's word in response to these two questions.

Guard and Protection Dogs: A Different Category

Guard and protection dogs are trained to be aggressive to defend their owner. According to the ADA, these dogs do not meet the standards for service animals. From a business owner's perspective, if a guard or protection dog begins to act aggressively, the owner can request that the dog be removed from the premises. This is because the dog's role is to protect the owner, not to assist them with daily activities.

UK Specific Guidelines

In the United Kingdom, service dogs are required to wear a vest or harness stating they are a service dog, and most will have the service they provide printed on their vest. These dogs are trained to perform their task only when the harness handle is in use, so they should not be petted. When the handle is not being used, the dog is off duty and can be approached with the owner's permission. In general, British businesses are not opposed to service dogs entering their premises, provided the dogs are well-behaved. Some employers even encourage dog owners to bring their well-behaved service dogs to work.

ADA Certification and Protection Dogs

The ADA does not recognize aggression as a mitigating factor for a dog being a service animal. If a dog is trained in protection work, it no longer meets the ADA's standards for a service dog. The law is clear: service dogs must not show aggression. They are trained to assist individuals with disabilities in a non-aggressive manner.

A service dog trained in protection work may not be allowed inside certain areas such as kitchens or specific portions of a hospital. This is because these areas require a high degree of safety and control. However, as long as the dog is a certified service dog and well-behaved, it can enter a business except for these restricted areas.

Conclusion

Understanding the distinction between service dogs and protection dogs is crucial for business owners. By adhering to ADA guidelines and recognizing only the two specific questions related to the dog's role, businesses can ensure compliance and foster an inclusive environment. We should also encourage individuals to present official certification anddocumentation for their service dogs, which can serve as proof of their legitimacy.