The Difference between a Pet and Service Animal and the Role of the Americans with Disabilities Act

12 May 2009

By: Andrea Free

Many do not know the difference between a pet and a service animal. Some might think that while a service animal provides a service it is also a pet. That is not the case. No matter how cute a service animal might be and how tempting it is, the animal is not to be petted by strangers. It is there to provide a service, whether to help guide the blind, sense a seizure, or even help calm someone. Just as they provide a variety of types of support, there is an assortment of animals that provide these services: dogs, monkeys, miniature horses, cats, ducks, goats, and more.

The owners and their service animals are protected under the Americans with Disabilities Act (ADA). While a restaurant, for example, may have a sign saying no pets allowed, the ADA says that a service animal can still enter the establishment. In fact, they are permitted into any establishment that serves the public because a service animal is not a pet. Though it might make some uncomfortable to have an animal in a restaurant or other public building, they are allowed to be there.
Under federal law, disabled people with service animals are to be treated the same as everyone else. This means if someone enters an establishment with a service animal they cannot be directed away from the other patrons nor restricted from going where other customers are allowed.

The only allowance given to question people with service animals is to ask if the animal is, indeed, a service animal, and what service the animal provides. It is illegal to question the validity of a service animal or insist the person show some sort of proof.

The situation can get difficult, though, when an employee of a public establishment doesn’t believe an animal is really a service animal. They may not believe the type of animal could really provide a service (e.g. duck) or may not want that type of animal in their establishment. It is important to remember that the person who claims the animal is a service animal should not be given a hard time. If it turns out the animal is a service animal and their rights were violated under the ADA, the establishment is going to be the one in trouble, which could result in a fine. Instead, the proper approach would be to ask if the animal is a service animal and what service is provides. If they still doubt the sincerity of the person, they should report it to the U.S. Department of Justice but still allow the person and their animal to enter the establishment.

The only way an employee can force someone to take their service animal out of the establishment is if the animal is causing a ruckus and won’t settle down, or if the animal is a threat to others. However, both of these scenarios are very unlikely because these animals are very well trained. Additionally, they cannot be forced to leave just because someone is allergic, afraid, or doesn’t like that certain type of animal.

In conclusion, it is important to remember that there is a distinct difference between a pet and a service animal. And, it is crucial to remember that service animals are a necessity, and shouldn’t limit the activities (going to the movies, eating at a restaurant, etc.) someone requiring a service animal can do. A little tolerance and understanding can go a long way.

http://www.youtube.com/watch?v=giBx7rFqXQo

http://www.youtube.com/watch?v=LLVMIO5P5H8

http://www.ada.gov/qasrvc.htm