Canines for Service offers the
opportunity for local business owners in the greater Wilmington, NC and Charleston, SC to receive training for themselves and their
employees in service dog etiquette, including a review of the Americans With
Disabilities Act and the state statute related to access by service dogs and
service dogs in training.
As more service dogs
are seen in the community, business owners and members of the public might have
questions about what a service dog is and what access is permitted.
There are
distinctions between service or guide dogs, sometimes known as assistance dogs,
and therapy, emotional support or companion dogs.
A therapy, emotional
support or companion dog is a pet and does not have legal access to go wherever
its person goes. While many people benefit from the emotional bond a dog can
provide, the U.S. Department of Justice makes it clear that emotional support
and therapy dogs are not service dogs and do not have legal access.
Fully trained service dogs are
governed by the Americans With Disabilities Act, which defines a service animal
as “any dog that is individually trained to do work or
perform tasks for the benefit of an individual with a disability, including
a physical, sensory, psychiatric, intellectual, or other mental disability.
Other species of animals, whether wild or domestic, trained or untrained, are
not service animals for the purposes of this definition. The work or tasks
performed by a service animal must be directly related to the handler's
disability.”
Service dogs in
training are governed under state statutes. North Carolina General Statute 168
states, “An animal in training to become a service animal may be taken into any
of the places listed in G.S. 168-3 for the purpose of training when the animal
is accompanied by a person who is training the service animal and the animal
wears a collar and leash, harness, or cape that identifies the animal as a
service animal in training. The trainer shall be liable for any damage caused
by the animal while using a public conveyance or on the premises of a public
facility or other place.” Key to this statute are provisions that the service
dog in training must be identified, must be under control of the trainer by
leash or harness, and must be the only service dog in training being handled. Further,
the state statute is clear that falsely representing an animal as a service dog
is a class 3 misdemeanor.
As a business owner,
what can you ask a person who enters your establishment? You can ask the person if the animal is their
pet. You can also ask how the animal
serves the person and the skills the dog can perform for the person. You cannot
ask the person what their disability is nor can you ask for a letter,
certification or identification for the service dog. Service dogs can come in
all sizes and assist in many ways.
What if the animal is
disruptive to my business? If the animal is disruptive, you have the right to ask the
person to remove the animal. Disruptive behavior would include things like
barking, growling, snapping, urinating or defecating in the establishment.
“Canines for Service
is here to provide educational services to our community about service dogs and
service dog access,” said Rick Hairston, president and CEO. “More and more we
are hearing of issues in our community with confusion between service and
therapy dogs. Situations like this will
create problems for people who need and benefit from having a quality trained
service dog.”
Canines for
Service is a non-profit corporation dedicated to empowering people with
disabilities to achieve greater independence. The group trains and places
certified service dogs with the help of volunteer foster families, provides pet
therapy certification classes and helps children in our community improve their
reading skills. Since its inception in 1996, Canines for Service has provided
over $7 million in services to our community. For more
information, call (866) 910-3647 or visit www.caninesforservice.org.
