By Law Can You Ask A Person If That's A Service Dog?

OLR Research Report

SERVICE DOGS AND THE LAW

Past: Kevin E. McCarthy, Principal Annotator

QUESTIONS Does Connecticut police force or the federal Americans with Disabilities Human action (ADA) require proof that a dog is being used to assistance a person with disabilities to be afforded the protections allowed service dogs and their owners? Is at that place any Connecticut law on falsely claiming that an fauna is a service dog? Do other states take such laws? Has there been any Connecticut legislation on registering service dogs?

This report addresses but the ADA and not other federal laws, notably the Fair Housing Act, that take provisions regarding the use of service dogs.

SUMMARY

Connecticut law requires public accommodations to let people who are bullheaded, deaf, or mobility impaired to use service dogs to help them. The ADA has similar provisions merely covers a wider range of disabilities, including mental and psychiatric disabilities.

Connecticut law does not require a person using a service dog to testify that the dog is beingness used to assist with disabilities in order to be afforded the protections immune to people using service dogs. Similar other dogs, the service dog must be licensed and have a tag. If the dog has not been previously licensed, the owner must present documentation that the domestic dog has been appropriately trained every bit a service canis familiaris to get a license. The ADA likewise does not 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 about the domestic dog or its owner.

There is no Connecticut constabulary on falsely claiming that a canis familiaris is a service canis familiaris. California, Idaho, Kansas, Maine, Michigan, Missouri, Nebraska, Nevada, New Jersey, New United mexican states, North Carolina, Texas, Utah, and Washington have such laws. In about cases, the offense is a misdemeanor. In some cases, these laws appear to disharmonize with the ADA, for example by limiting the apply of service dogs to people with concrete disabilities. To the extent there is a conflict, it would appear that the ADA would supersede the country law.

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

PROTECTIONS FOR SERVICE DOGS

Connecticut

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

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

i. enter whatever public building or identify of public accommodation that caters or offers its services or facilities or goods to the general public (eastward.g., a eatery or hotel);

two. continue the dog with him or her at all times at no actress accuse;

iii. travel on a train or on any other way of public transportation; and

4. visit, with his or her canis familiaris, (a) any place of public accommodation or (b) a dwelling as a invitee 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 preparation a guide or assistance dog, accompanied by his or her 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 neckband. The person with disabilities or who is training the dog is liable for any damage the dog does to the bounds or facilities.

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

For both provisions, the dog must (1) be in the direct custody of the person with disabilities or the trainer and (2) wear a harness or an orange-colored ternion and collar. CGS � 46a-44 additionally covers a person who volunteers for such organizations that authorizes volunteers to raise such dogs and appropriately identifies the dog with:

1. tags,

ii. ear tattoos,

iii. identifying bandanas (on puppies),

iv. identifying coats (on adult dogs), or

5. leashes and collars.

ADA

The ADA prohibits discrimination confronting, and ensures equal opportunity for, persons with disabilities in public accommodations, commercial facilities, transportation, and land and local government services. Nether the act, a person with a disability is someone who (1) has a concrete or mental impairment that substantially limits 1 or more major life activities, (2) has a history or record of such an impairment, or (three) is perceived by others equally having such an harm. Public accommodations are businesses that are generally open to the public, such as stores, restaurants, theaters, schools, and 24-hour interval intendance and recreation facilities.

U.Due south. Department of Justice regulations implementing the ADA require public accommodations to modify their policies, practices, or procedures to permit an individual with a disability to use a service creature (28 CFR � 36.302(c)(1)). The regulations ascertain a service fauna as a domestic dog that is individually trained to do work or perform tasks for people with disabilities (28 CFR � 35.104, 28 CFR � 36.104). The disability can exist physical, sensory, psychiatric, intellectual, or mental. In add-on to guiding people who are blind, service animals tin can alarm a person who is deaf, pull a wheelchair, warning and protect a person who is having a seizure, remind a person with mental illness to accept prescribed medications, at-home a person with Mail Traumatic Stress Disorder during an anxiety assault, or perform other duties. The piece of work or task a dog has been trained to provide must be direct related to the person ' s disability. Dogs whose sole role is to provide comfort or emotional support do not qualify every bit service animals under the ADA.

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

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

Connecticut Law

Connecticut law does non require proof that a domestic dog is being used to assistance a person with disabilities in order for it and its owner to be afforded the protections immune nether the law. Even so, CGS � 22-345 requires a blind or deaf 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 nowadays written evidence that the domestic dog is trained and educated and intended in fact to perform guide service for the owner. Any person who has a dog placed with him or her temporarily by a nonprofit organization that trains or educates guide dogs must obtain a dog license and tag from the boondocks clerk where the dog is owned. The person who temporarily cares for the dog must present written evidence that the organization placed the dog with him or her.

Federal Law

Under the ADA regulations, staff at facilities subject to the ADA can ask merely two questions: (1) is the canis familiaris a service animal required because of a disability and (2) what work or job has the dog been trained to perform? Staff cannot inquire about the person ' s disability, require medical documentation, or ask that the domestic dog demonstrate its ability to perform the piece of work or task. Nor can they crave documentation, such as 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 by the ADA, information technology appears that, nether the Supremacy Clause of the U.Due south. Constitution, these provisions would supersede state laws requiring canis familiaris owners to provide such documentation.

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

MAKING FALSE CLAIMS

There is no Connecticut police on making claims that an animal is a service dog, but 14 other states accept such laws.

California

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

Idaho

Any person who does not accept a disability or is not beingness trained to assist disabled persons who uses an assistance dog in an attempt to gain treatment or benefits as a disabled person is guilty of a misdemeanor ( Idaho Lawmaking � 18-5811A ) .

Kansas

It is a class A misdemeanor for whatever person to represent that he or she (1) has the right to be accompanied past an assistance or therapy dog or (2) has a disability for the purpose of acquiring an assistance dog unless he or she has a disability ( Kan. Stat. Ann. � 39-1112 ).

Maine

A person who fits a dog with a harness, collar, belong, or sign of the type normally used past blind or disabled persons to represent that the dog is a service canis familiaris when the dog (one) has non received the blazon of training that guide dogs usually receive or (ii) does not meet the definition of "service dog" 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 apply or possess a dog that is wearing a bonfire orange leash and collar or harness in whatever public place. Violation is a misdemeanor, punishable by a fine of non more than $x ( Mich. Lawmaking � 752.61 - 63 ).

Missouri

Whatever 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 class C misdemeanor and is also civilly liable for the amount of whatever actual amercement resulting from the impersonation. Whatsoever second or subsequent violation of this section is a class B misdemeanor ( Five. A. M. Southward. � 209.204 ).

Nebraska

The use of a guide dog by someone who is not blind is a Class III misdemeanor ( Neb. Rev. St. � 28-1313 ).

Nevada

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

New Hampshire

Information technology is unlawful for any person to fit an animal with a (i) collar, leash, or harness of the type which represents that the animate being is a service animal or (2) service animal tag if in fact the animal is non and to thus use it to misrepresent the person ' s physical condition ( North.H. Rev. Stat. � 167-D:8 ) . Violation of these provisions is a misdemeanor ( N.H. Rev. Stat. � 167-D:10 ).

New Jersey

Anyone who fits a canis familiaris with a harness of the blazon commonly used by blind persons to represent that their dog is a guide domestic dog when in fact information technology is non trained as a guide domestic dog is subject to a $100 to $500 fine ( Due north.J. Stat. Ann. �ten:5-29.five ) .

New Mexico

New United mexican states passed legislation in 2013 making it a misdemeanor to knowingly falsely claim that a canis familiaris is a "qualified service dog." A qualified service canis familiaris is ane that has been trained or is beingness trained to work or perform tasks to benefit an individual with a disability who has a physical or mental harm that substantially limits i or more major life activities. The definition excludes emotional support, comfort, and therapy dogs, which practise not work or perform tasks for an individual with a disability and does non accompany the individual at all times ( N.M. Stat � 28-11-6 ).

New York

It is a violation for anyone to knowingly affix to any dog whatsoever false or improper special tag for identifying guide, service, or hearing dogs. A first offense is punishable past a fine of non less than $25. A second criminal offence within v years is punishable by a fine of not less than $50 and a third offense within five years is punishable past a fine of non less than $100, imprisonment for non more than than 15 days, or both ( Due north.Y. Agric. & Mkts. Law � 118 ).

North Carolina

It is a class iii misdemeanor to disguise a dog equally an aid dog ( N.C. Gen. Stat. � 168-iv.5 ) .

Texas

A person who uses an assistance beast with the type of harness or ternion commonly used by persons with disabilities to represent that his or her brute is a specially trained assistance animal when non trained equally such is guilty of a misdemeanor punishable by a fine of up to $200 ( Tex. Human Resources Code � 121.006 ).

Utah

A person is guilty of a class B misdemeanor if he or she intentionally and knowingly (1) falsely represents to another person that an animal is a service animal or (ii) misrepresents a material fact to a health care provider to obtain the documentation from the provider required to designate an animal as a service animate being ( Utah Code Ann. 1953 � 62A-5b-106 ).

Washington

It is a misdemeanor for any pedestrian who is not totally or partially bullheaded, hearing impaired, or otherwise physically disabled to use a guide dog or other service animal in whatever public accommodation or means of transportation to secure the rights and privileges afforded to physically disabled people ( Westward's Rev. Lawmaking Wash. � 70.84.060 ).

KM:ts