The Americans with Disabilities Act of 1990

 

Beginning on March 15, 2011, only dogs are recognized as service animals under titles II and III of the ADA. A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability. Generally, title II and title III entities must permit service animals to accompany people with disabilities in all areas where members of the public are allowed to go.

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Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

 

This definition does not affect or limit the broader definition of “assistance animal” under the Fair Housing Act or the broader definition of “service animal” under the Air Carrier Access Act. Some State and local laws also define service animal more broadly than the ADA does. Information about such laws can be obtained from the relevant State attorney general’s office.

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Service Animals and the Washington Law Against Discrimination

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The Washington Law Against Discrimination (WLAD) includes provisions prohibiting discrimination against persons with disabilities who use a service animal to assist them with the disability. RCW 49.60.040 defines a dog guide as a “dog that is trained for the purpose of guiding blind persons or a dog that is trained for the purpose of assisting hearing impaired persons.” RCW 49.60.040 defines service animal as “any dog or miniature horse 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. The work or tasks performed by the service animal must be directly related to the individual's disability.”

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Service animals are utilized by persons with a variety of disabilities and in many different ways. Service animals may lead blind people or serve as the ears of a deaf person. They may also carry and pick up items, be used for balance, and provide warnings of impending seizures or low blood sugar. Service animals may allow persons with anxiety disorders, PTSD or other emotional illnesses to function in society by alerting their handlers to avoid anxiety triggers, by recognizing and blocking behaviors, or by stimulating the person to “snap back” to a conscious state. Service animals can remind handlers that it is time to take medication, and can summon help in the case of fainting or a seizure. The ways in which persons with disabilities use service animals are growing and evolving as we discover additional ways in which animals can be utilized by persons with disabilities.

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"Training" itself is "not" defined.

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WLAD clearly defines a service animal as being “trained”. Training itself is not defined, and there is no requirement that the animal have a certain type of training, that the animal be certified, or that it be trained by a particular person or by a person having certification. Court cases have determined that the training needs to be more than obedience training or positive reinforcement that are given to family pets. A service animal must have training that sets it apart from a family pet; the service animal must be trained to do work or perform tasks to assist its handler with a disability.

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This training requirement often eliminates “emotional support animals”, “therapy dogs”, and “comfort animals” from the definition of service animal. In fact, the definition in the law specifically excludes certain animals from being considered service animals: “The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks.” Before determining that an animal falls into one of these categories and excluding the animal, an inquiry should be made into what the animal is trained to do.

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RCW 49.60.215 utilizes the term "service animal" not specific to dogs or miniature horses.

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RCW 49.60.215 prohibits discrimination in a place of public accommodation due to the “use of a trained dog guide or service animal by a disabled person.” WAC 162-26-130 requires “fair service in a place of public accommodation regardless of the use of a trained dog guide or service animal by a disabled person as well as because of the disability itself.” (Internal quotations omitted.)

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Service animals must be allowed into all areas of a place of public accommodation where the general public is allowed – this includes dining and eating areas, restrooms, and areas where food is sold. A place of public accommodation cannot request that the service animal be removed unless it creates a risk of harm. This risk must be actual, and cannot be speculative or based on a fear of dogs. In addition, if an animal exhibits disruptive, poor or unsanitary behavior, it would not be considered a trained service animal, and can be removed.

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Disability Laws & Service Animal Definitions in the State of Montana

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The Montana Human Rights Act and other state law, the federal Americans with Disabilities Act, the federal Fair Housing Act, and the 1973 Rehabilitation Act protect the right of persons with disabilities to use service animals to aid them in various settings.

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The State of Montana "does not" limit the definition of service animals to dogs.

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Montana law does not limit the definition of service animals to dogs.  It broadly defines a service animal as any animal that performs a task or service to a person with a disability or is in training to perform that task or service.  Mont. Code Ann. § 49‐4‐203(2).  A person that is a qualified person with a disability has a right to use his or her service animal in public accommodations, in public transportation, and housing governed by the Montana Human Rights Act.  The ultimate scope of this right is unclear.  However, it would be prudent to assume that this right would be subject to limitation if a handler does not keep the animal under control, clean up after the animal, or otherwise prevent damage or disruption by the animal.

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In other situations governed by the Montana Human Rights Act such as employment and public services, use of service animals would need to qualify under the legal definition of a reasonable accommodation.  To be entitled to use this reasonable accommodation, the individual must be a qualified person with a disability.

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To be reasonable, the accommodation of using a service animal in employment must not pose an undue burden on an employer or require the employer to fundamentally alter the employment situation.  It cannot pose a risk to the health or safety of the person with a disability or to other persons or to property.  For this reason, a service animal may be ejected if it is aggressive, disruptive, or causes damage.   General concerns about allergies or fear of animals are not valid reasons for denying access or refusing services to people with service animals.

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Under Montana law, no distinction is made between service animals that provide support for persons with mobility impairments, sensory impairments, or cognitive or psychiatric impairments.  All are entitled to the same legal protections.

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In Montana, there currently is no state certification or training process for service animals.  The law does require that the service animal be trained to perform particular tasks specific to the individual’s disability to qualify as a service animal.

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The Montana Human Rights Act requires that a dog that is being trained as a service animal must wear a leash, collar, cape, harness, or backpack that identifies the animal as in training that is visible and legible from a distance of at least 20 feet. Mont. Code Ann. § 49‐4‐214(4).

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The Act does not require that trained service animals be similarly vested, however, such identification can help avoid misunderstandings and access obstacles for the person with the disability.  We strongly advise individuals to consider identifying their service animal in this manner.