bocaj1431
DIS Veteran
- Joined
- Oct 16, 2012
- Messages
- 833
Emotional support dogs are not considered service dogs under the ADA and people using emotional support dogs do not have the same legal right to have their dogs accompany them.
The definition of service dog under the ADA includes that the dogs must have been individually trained to do work or tasks that are needed for a person with a disability.
Many emotional support dogs do not do anything specific, but are there to be petted or provide comfort and emotional support. Those are not considered work or tasks and don't require require any training.
http://www.ada.gov/service_animals_2010.htm
This answer is not entirely correct. This is the second time you have given incorrect information pertaining to a disability issue. As a moderator, I feel it is important the information you give is correct because your response could directly affect someones vacation experience!
The Department of Justice has issued revised ADA Title II (state and local government programs) and Title III (private businesses, a.k.a. places of public accommodation) regulations which took effect March 15, 2011. These regulations revise the definition of service animal and add additional provisions. (§35.104, §35.136, §36.104, §36.302)
Definition
A service animal is 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 considered to be service animals. The work or tasks performed by a service animal must be directly related to the individuals disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping individuals with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animals presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks and as such do not meet the definition of a service animal.
Thus it depends on what the disability is. There are service dogs which are trained to assist with emotional issues but also assist with other tasks necessary to support the individuals "disability".
For example there are dogs specifically trained for individuals with Autism. While one benefit may be that they are emotionally comforting and work to reduce the child's high level of anxiety, that is not the sole task they perform. And unlike your statement about the training of dogs who provide emotional support, these type of dogs undergo extensive training for approx 12-16 months and cost on average $25,00 to train.
It would be best before providing a definitive answer to have asked the OP what "disability" or special need the individual has and is the service dog used for emotional support to control anxiety or by preventing or interrupting impulsive or aggressive behavior or merely for comfort. The first form of "emotional support," would meet the required needs the second would not.
To the OP, I suggest contacting www.adata.org for the regional office in Fl and ask them directly. That way you can get a definitive answer based on the disability of the individual you are traveling with and the tasks that the service dog provides.
I hope you have a wonderful vacation!
