News: Small dog dies after attack on Portland, Ore. Transit

Yesterday a Pomeranian emotional support animal was killed by a Rottie Shar-pei mix "with no warning". The owner of the Rottie mix admitted his dog was not a service dog. While Tri-met is investigating the incident the owner of the Rottie Shar-pei mix has been banned from riding the system for 30 days. The problem of people claiming their pets are service animals in order to have them in locations that typically don't allow animals is a growing concern for people with partnered with service dogs and places of public accommodation. Several people in this article complained that is is impossible for businesses to determined what is and isn't a service animal. The keys to defining what is and is not a service animal depend on the person having a disability recognized and covered by the ADA along with the requirements that the animal be individually training to perform tasks that mitigate the person's disability making service animals' purpose a straight forward, what seems to cause the most confusion is the ever-expanding types of disabilities service animals are now being trained to mitigate.

On September 25, 2008 the ADA Amendments Act became law. The amendments include these clarifications on service animals:
"Expressly incorporate the Department’s policy interpretations as outlined in published technical assistance Commonly Asked Questions about Service Animals (1996) (http://www.ada.gov/qasrvc.htm) and ADA Business Brief: Service Animals (2002) (http://www.ada.gov/svcanimb.htm) and add that a public accommodation may ask an individual with a disability to remove a service animal from the premises if: (1) The animal is out of control and the animal’s owner does not take effective action to control it; (2) the animal is not housebroken or the animal’s presence or behavior fundamentally alters the nature of the service the public accommodation provides (e.g., repeated barking during a live performance); or (3) the animal poses a direct threat to the health or safety of others that cannot be eliminated by reasonable modifications;

• Add that if a place of public accommodation properly excludes a service animal, the public accommodation must give the individual with a disability the opportunity to obtain goods, services, or accommodations without having the service animal on the premises;
• Add requirements that the work or tasks performed by a service animal must be directly related to the handler’s disability; that a service animal that accompanies an individual with a disability into a place of public accommodation must be individually trained to do work or perform a task, be housebroken, and be under the control of its owner; and that a service animal must have a harness, leash, or other tether;
  Modify the language in § 36.302(c)(2), which currently states, "[n]othing in this part requires a public accommodation to supervise or care for a service animal," to read, "[a] public accommodation is not responsible for caring for or supervising a service animal," and relocate this provision to proposed § 36.302(c)(5). (This proposed language does not require that the person with a disability care for his or her service animal if care can be provided by a family member, friend, attendant, volunteer, or anyone acting on behalf of the person with a disability.)
• Expressly incorporate the Department’s policy interpretations as outlined in published technical assistance Commonly Asked Questions about Service Animals (1996) (http://www.ada.gov/qasrvc.htm) and ADA Business Brief: Service Animals (2002) (http://www.ada.gov/svcanimb.htm) that a public accommodation must not ask about the nature or extent of a person’s disability, nor require proof of service animal certification or licensing, but that a public accommodation may ask: (i) If the animal is required because of a disability; and (ii) what work or tasks the animal has been trained to perform;
  Add that individuals with disabilities who are accompanied by service animals may access all areas of a public accommodation where members of the public are allowed to go; and
  Expressly incorporate the Department’s policy interpretations as outlined in published technical assistance Commonly Asked Questions about Service Animals (1996) (http://www.ada.gov/qasrvc.htm) and ADA Business Brief: Service Animals (2002) (http://www.ada.gov/svcanimb.htm) and add that a public accommodation must not require an individual with a disability to pay a fee or surcharge, post a deposit, or comply with requirements not generally applicable to other patrons as a condition of permitting a service animal to accompany its handler in a place of public accommodation, even if such deposits are required for pets, and that if a public accommodation normally charges its clients or customers for damage that they cause, a customer with a disability may be charged for damage caused by his or her service animal.
• While the Department does not plan to change the current policy of no formal training or certification requirements, some of the behavioral standards that it has proposed actually relate to suitability for public access, such as being housebroken and under the control of its handler.
• Hospital and healthcare settings. Public accommodations, including hospitals, must modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability. 28 CFR 36.302(c)(1). The exception to this requirement is if making the modification would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations. Id. at 36.302(a). The Department generally follows the guidance of the Centers for Disease Control and Prevention (CDC) on the use of service animals in a hospital setting.
  As required by the ADA, a healthcare facility must permit a person with a disability to be accompanied by his or her service animal in all areas of the facility in which that person would otherwise be allowed, with some exceptions. Zoonotic diseases can be transmitted to humans through trauma (bites, scratches, direct contact, arthropod vectors, or aerosols). Although there is no evidence that most service animals pose a significant risk of transmitting infectious agents to humans, animals can serve as a reservoir for a significant number of diseases that could potentially be transmitted to humans in the healthcare setting. A service animal may accompany its owner to such areas as admissions and discharge offices, the emergency room, inpatient and outpatient rooms, examining and diagnostic rooms, clinics, rehabilitation therapy areas, the cafeteria and vending areas, the pharmacy, rest rooms, and all other areas of the facility where visitors are permitted, except those listed below.
  Under the ADA, the only circumstances under which a person with a disability may not be entitled to be accompanied by his or her service animal are those rare circumstances in which it has been determined that the animal poses a direct threat to the health or safety of others. A direct threat is defined as a significant risk to the health or safety of others that cannot be eliminated or mitigated by a modification of polices, practices, or procedures. Based on CDC guidance, it is generally appropriate to exclude a service animal from areas that require a protected environment, including operating rooms, holding and recovery areas, labor and delivery suites, newborn intensive care nurseries, and sterile processing departments. See Centers for Disease Control, Guidelines for Environmental Infection Control in Health-Care Facilities: Recommendations of CDC and the Healthcare Infection Control Practices Advisory Committee (June 2003), available at http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5210a1.htm."

There are many public places (i.e pet stores, outdoor cafes, and parks) that may allow people to bring their well-behaved pets with them. People taking their pets with them are responsible for ensuring their pets are appropriately behaved, healthy, under their control at all times. Not every animal can handle the pace of public life and the stress caused by the limits it imposes on their behavior. Just because a person wants their pet with them, doesn't mean it is the right thing for their pet. If having your pet with you in public places that permit them is important to you, ensure they have the skills and experiences to fully enjoy and behave appropriately (creating no interference and posing no theat to other people or animals) during these outings before beginning to take them along by working with a skilled trainer (http://apdt.com/).