While public facilities may exclude any service animal that is out of control, it should give the person with a disability who uses the service animal the opportunity to continue to enjoy its goods and services without having the service animal on the premises. According to the ADA, two questions can be asked of a person with a service animal when it`s not obvious what a service dog offers: It`s good to know that there are several laws that govern the use of service animals and the people who use them. This is part of the confusion that surrounds these animals. Under the Americans with Disabilities Act, service dogs are allowed to accompany their handlers wherever the person with a disability is allowed to enter. Service animals are defined as dogs individually trained to perform work or perform tasks for people with disabilities. Since there is no central registry for service dogs. In an effort to eliminate confusion about what is acceptable and what is not, the NH Governor`s Commission on Disability has developed the following documents to clear up confusion when examining a service animal. It is illegal for a person to intentionally interfere with or attempt to disturb a service animal. The driver of a vehicle who approaches a person using a service animal must take all necessary precautions to avoid injuring that person and any driver who fails to take these precautions is responsible for any injury inflicted on that person.
Identifying a service dog can be a difficult area because the public does not always understand the law or often blatantly ignores it, as is common and known as “fake service dogs.” (See RSA 167-D:8, II) While the ADA does not require service dog registration, service dogs are not exempt from local dog licensing requirements that apply to all dogs. Dog owners in local towns and villages must register their dog with their town hall. A dog can be a dog – but education is necessary to properly talk about a service dog. In fact, under the Americans with Disabilities Act (ADA), there are differences between a service dog, an emotional support animal, a therapy dog, and a pet. And from there, it continues. (See RSA 167-D:1 for state definitions and 29 CFR Parts 35 and 36 for federal statutes.) The service animal must be authorized to accompany you to all areas of the facility where guests and the public are normally permitted to stay. They should not be separated from other customers. It is illegal for a person to directly or indirectly prohibit, obstruct or interfere with the handler or trainer of a service animal who otherwise complies with the restrictions applicable to persons without disabilities. To be protected by ADA laws, a person must have a disability.
But what is disability under ADA? Comfort or emotional support animals provide help without completing a specific task or duty. It is often said, “My pet does a great job when I am comforted.” This may be the case, but according to the ADA, this type of support is not considered work or task performed by a service animal. A comfort animal is considered a pet by law and does not have the rights of a service animal. The same goes for therapy dogs. They are excellent companions and wonderful visitors in a hospital or in a panic situation to comfort victims of natural disasters. However, by law, they belong to the category of pets and not service animals. Learn more about service animal regulations: Service Animals: Overview, from the U.S. Department of Justice Guide dogs are a type of service animal used by some people who are blind or visually impaired. (See www.education.nh.gov/career/vocational/blind_visu.htm and www.futureinsight.org) It is important to note that the owner has access rights and not the service dog itself. A service dog without a dog handler does not have special access rights. Any animal, including a service animal, may be excluded from an establishment if its behaviour poses a direct threat to the health or safety of others.