ADA clear on animals

Regarding recent letters about service animals: The actual Americans with Disability Act regarding a business’s right (duty?) to question animal owners is fairly clear, according to the U.S. Department of Justice: “In situations where it is not apparent that the dog is a service animal, a business may ask only two questions: 1) Is the animal required because of a disability?; and 2) what work or task has the animal been trained to perform? No other inquiries about an individual’s disability or the dog are permitted.”

If the answer to the first question is no, then the dog must be excluded from the business. If the answer to the first question is yes, then the second question is asked. If the answer to the second question doesn’t produce an adequate answer, then the business must exclude the dog.

The problem is complicated by all the illegal misrepresentations of service dogs using “service dog” vests that can be purchased at any number of locations. Also, complicating the situation are “emotional support dogs,” which are specifically excluded from the ADA definition of “service dog.”

Basically, businesses need to assert their legal obligation to enforce the ADA law regarding service dogs.

Thomas Mosher

Spokane