Are You Allowed To Ask If A Dog Is A Service Animal

OLR Research Report

SERVICE DOGS AND THE Police

By: Kevin E. McCarthy, Principal Annotator

QUESTIONS Does Connecticut law or the federal Americans with Disabilities Human activity (ADA) require proof that a dog is beingness used to help a person with disabilities to be afforded the protections allowed service dogs and their owners? Is there whatever Connecticut law on falsely claiming that an fauna is a service dog? Exercise other states take such laws? Has there been any Connecticut legislation on registering service dogs?

This report addresses only the ADA and non other federal laws, notably the Fair Housing Act, that have provisions regarding the use of service dogs.

SUMMARY

Connecticut police requires public accommodations to allow people who are blind, deaf, or mobility impaired to utilise service dogs to assist them. The ADA has like provisions only covers a wider range of disabilities, including mental and psychiatric disabilities.

Connecticut law does not require a person using a service dog to prove that the dog is existence used to help with disabilities in order to be afforded the protections allowed to people using service dogs. Like other dogs, the service dog must be licensed and have a tag. If the dog has non been previously licensed, the possessor must present documentation that the domestic dog has been appropriately trained every bit a service dog to go a license. The ADA too does non require such proof and its implementing regulations limit the types of questions that people working in the private and public facilities it covers can ask well-nigh the dog or its owner.

There is no Connecticut police force on falsely challenge that a dog is a service dog. California, Idaho, Kansas, Maine, Michigan, Missouri, Nebraska, Nevada, New Jersey, New United mexican states, N Carolina, Texas, Utah, and Washington accept such laws. In nearly cases, the offense is a misdemeanor. In some cases, these laws appear to conflict with the ADA, for example by limiting the use of service dogs to people with physical disabilities. To the extent in that location is a conflict, information technology would announced that the ADA would supersede the land police.

We take found no Connecticut legislation on establishing a service dog registry.

PROTECTIONS FOR SERVICE DOGS

Connecticut

Connecticut law has 2 provisions ( C GS �� 46a-44 and 46a-64 ) protecting people with specified disabilities who utilize guide or assistance dogs to aid them, as well equally people who railroad train dogs for these purposes. (By and large, in Connecticut law, guide dogs help blind people, while assistance dogs assist deaf or mobility-impaired people.)

CGS � 46a-44 entitles any blind, deaf, or mobility-impaired person using, or any person training, a guide or help dog to:

ane. enter whatsoever public building or identify of public accommodation that caters or offers its services or facilities or goods to the general public (due east.g., a restaurant or hotel);

ii. continue the dog with him or her at all times at no extra charge;

3. travel on a train or on any other mode of public transportation; and

iv. visit, with his or her dog, (a) any place of public accommodation or (b) a dwelling house as a guest of a lawful occupant.

CGS � 46a-64 prohibits public accommodations from denying full and equal access to any blind, deafened, or mobility-impaired person or any person training a guide or assistance domestic dog, accompanied by his or her domestic dog. The facility must post a sign saying that anyone with these disabilities may enter with a dog wearing a harness or an orange-colored leash and collar. The person with disabilities or who is training the dog is liable for any damage the domestic dog does to the premises or facilities.

To be covered past these provisions, a person preparation the dog must exist employed and authorized to engage in training activities past a guide or aid domestic dog organization that complies with criteria for membership in a professional association of guide dog or help dog schools. The trainer besides must carry photographic identification indicating this employment and authorization.

For both provisions, the canis familiaris must (i) be in the direct custody of the person with disabilities or the trainer and (2) article of clothing a harness or an orangish-colored ternion and collar. CGS � 46a-44 additionally covers a person who volunteers for such organizations that authorizes volunteers to raise such dogs and accordingly identifies the canis familiaris with:

1. tags,

2. ear tattoos,

3. identifying bandanas (on puppies),

4. identifying coats (on adult dogs), or

5. leashes and collars.

ADA

The ADA prohibits bigotry against, and ensures equal opportunity for, persons with disabilities in public accommodations, commercial facilities, transportation, and state and local government services. Under the act, a person with a disability is someone who (1) has a physical or mental impairment that substantially limits ane or more major life activities, (2) has a history or record of such an damage, or (iii) is perceived by others equally having such an impairment. Public accommodations are businesses that are generally open to the public, such as stores, restaurants, theaters, schools, and mean solar day intendance and recreation facilities.

U.Southward. Department of Justice regulations implementing the ADA require public accommodations to change their policies, practices, or procedures to allow an private with a inability to employ a service animal (28 CFR � 36.302(c)(1)). The regulations define a service animal equally a domestic dog that is individually trained to practice piece of work or perform tasks for people with disabilities (28 CFR � 35.104, 28 CFR � 36.104). The disability can be concrete, sensory, psychiatric, intellectual, or mental. In improver to guiding people who are blind, service animals can alert a person who is deaf, pull a wheelchair, alarm and protect a person who is having a seizure, remind a person with mental illness to take prescribed medications, calm a person with Mail service Traumatic Stress Disorder during an feet attack, or perform other duties. The work or chore a dog has been trained to provide must be straight related to the person ' s inability. Dogs whose sole role is to provide comfort or emotional support practise non qualify equally service animals under the ADA.

Under the ADA, service dogs must be harnessed, leashed, or tethered, unless these devices interfere with the dog ' s work or the individual ' s disability prevents using these devices. A person with a inability cannot be asked to remove his or her service dog from the premises unless: (one) the domestic dog is out of control and the handler does not accept effective action to control it or (2) the dog is not housebroken.

PROVING THAT A Dog IS Being USED TO HELP PEOPLE WITH DISABILITIES

Connecticut Police

Connecticut law does non require proof that a dog is being used to aid a person with disabilities in order for it and its owner to be afforded the protections allowed under the law. However, CGS � 22-345 requires a blind or deafened person or person with mobility impairments who owns or keeps a guide dog to obtain a dog license and tag from the town clerk where the canis familiaris is owned or kept. If the clerk has not previously licensed the dog, the owner must present written evidence that the dog is trained and educated and intended in fact to perform guide service for the possessor. Any person who has a domestic dog placed with him or her temporarily past a nonprofit arrangement that trains or educates guide dogs must obtain a domestic dog license and tag from the boondocks clerk where the dog is endemic. The person who temporarily cares for the canis familiaris must present written evidence that the organization placed the dog with him or her.

Federal Law

Under the ADA regulations, staff at facilities bailiwick to the ADA tin inquire only two questions: (1) is the dog a service animal required because of a disability and (2) what piece of work or task has the canis familiaris been trained to perform? Staff cannot ask about the person ' s inability, require medical documentation, or inquire that the dog demonstrate its ability to perform the piece of work or task. Nor can they require documentation, such equally proof that the canis familiaris has been certified, trained, or licensed as a service dog (28 CFR � 35.136, 28 CFR � 36.302). With regard to facilities covered past the ADA, it appears that, under the Supremacy Clause of the U.South. Constitution, these provisions would replace state laws requiring dog owners to provide such documentation.

Further information on the ADA regulations is available at http://www.ada.gov/service_animals_2010.htm .

MAKING FALSE CLAIMS

There is no Connecticut constabulary on making claims that an animal is a service dog, just 14 other states have such laws.

California

Anyone who knowingly and fraudulently represents himself or herself, through verbal or written find, to be the owner or trainer of dog licensed as, to be qualified equally, or identified equally, a guide, bespeak, or service dog is guilty of a misdemeanor punishable by imprisonment in the county jail for upwardly to six months, by a fine of upwards to $ane,000, or both ( Cal. Penal Cod e � 365.7 ).

Idaho

Whatever person who does not have a disability or is non existence trained to assistance disabled persons who uses an assist canis familiaris in an try to gain treatment or benefits equally a disabled person is guilty of a misdemeanor ( Idaho Code � 18-5811A ) .

Kansas

It is a class A misdemeanor for whatsoever person to represent that he or she (1) has the right to exist accompanied by an assistance or therapy dog or (ii) has a inability for the purpose of acquiring an aid canis familiaris unless he or she has a inability ( Kan. Stat. Ann. � 39-1112 ).

Maine

A person who fits a dog with a harness, collar, vest, or sign of the blazon commonly used by blind or disabled persons to represent that the dog is a service dog when the dog (1) has non received the blazon of grooming that guide dogs usually receive or (2) does not meet the definition of "service canis familiaris" can be fined up to $500 ( 17 Me. Rev. Stat. Ann. � 1314-A ).

Michigan

A person who is non deaf, audibly impaired, or otherwise physically limited may not use or possess a canis familiaris that is wearing a blaze orange leash and collar or harness in any public place. Violation is a misdemeanor, punishable by a fine of not more than than $x ( Mich. Code � 752.61 - 63 ).

Missouri

Any person who knowingly impersonates a person with a disability for the purpose of receiving the accommodations regarding service dogs under the ADA is guilty of a form C misdemeanor and is also civilly liable for the amount of any bodily damages resulting from the impersonation. Any 2nd or subsequent violation of this section is a class B misdemeanor ( V. A. M. S. � 209.204 ).

Nebraska

The employ of a guide dog past someone who is not blind is a Class Iii misdemeanor ( Neb. Rev. St. � 28-1313 ).

Nevada

Any person who is not blind or deafened, or has no other type of physical disability who uses a service animal is guilty of a misdemeanor ( Nev. Rev. Stat. � 426.510 ) . In addition, it is a misdemeanor punishable past a fine of up to $500 for a person to fraudulently misrepresent an animal as a service animal or service animal-in- training ( Nev. Rev. Stat. � 426.805 ) .

New Hampshire

It is unlawful for any person to fit an animal with a (1) collar, leash, or harness of the blazon which represents that the animal is a service animal or (2) service beast tag if in fact the brute is not and to thus utilize it to misrepresent the person ' southward concrete status ( N.H. Rev. Stat. � 167-D:viii ) . Violation of these provisions is a misdemeanor ( N.H. Rev. Stat. � 167-D:10 ).

New Jersey

Anyone who fits a domestic dog with a harness of the blazon commonly used by bullheaded persons to represent that their dog is a guide dog when in fact it is not trained as a guide dog is subject to a $100 to $500 fine ( N.J. Stat. Ann. �10:five-29.5 ) .

New Mexico

New Mexico passed legislation in 2013 making information technology a misdemeanor to knowingly falsely claim that a dog is a "qualified service domestic dog." A qualified service domestic dog is one that has been trained or is being trained to work or perform tasks to benefit an private with a disability who has a physical or mental damage that essentially limits 1 or more major life activities. The definition excludes emotional support, comfort, and therapy dogs, which do non work or perform tasks for an individual with a disability and does not accompany the individual at all times ( N.M. Stat � 28-xi-6 ).

New York

Information technology is a violation for anyone to knowingly affix to whatsoever dog any false or improper special tag for identifying guide, service, or hearing dogs. A kickoff criminal offence is punishable by a fine of not less than $25. A second offense within five years is punishable by a fine of not less than $l and a third offense within v years is punishable by a fine of not less than $100, imprisonment for not more xv days, or both ( Due north.Y. Agric. & Mkts. Law � 118 ).

Due north Carolina

It is a class 3 misdemeanor to disguise a canis familiaris as an help dog ( N.C. Gen. Stat. � 168-4.5 ) .

Texas

A person who uses an assistance animal with the type of harness or leash commonly used past persons with disabilities to represent that his or her animal is a specially trained assistance animal when not trained as such is guilty of a misdemeanor punishable by a fine of up to $200 ( Tex. Human Resource Code � 121.006 ).

Utah

A person is guilty of a grade B misdemeanor if he or she intentionally and knowingly (i) falsely represents to another person that an brute is a service animal or (2) misrepresents a textile fact to a wellness intendance provider to obtain the documentation from the provider required to designate an animal every bit a service animal ( Utah Code Ann. 1953 � 62A-5b-106 ).

Washington

It is a misdemeanor for any pedestrian who is not totally or partially blind, hearing dumb, or otherwise physically disabled to utilize a guide dog or other service brute in any public accommodation or means of transportation to secure the rights and privileges afforded to physically disabled people ( West's Rev. Code Wash. � 70.84.060 ).

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