New Policy Takes Effect Concerning Service Animals

Sally Showman | KXLY4 Reporter

Posted: 6:22 pm PDT March 16, 2011
Updated: 11:27 pm EST March 19, 2011


SPOKANE, Washington.
The federal government has tightened rules for service animals after years of vague, unclear policy.

Major changes to the Americans with Disabilities Act include that only animals considered service animals are dogs and in some cases miniature horses; they have to be trained to perform a task; and comfort, therapy or emotional support animals do not meet the definition of a service animal.

These new laws ensure that animals brought into businesses perform vital tasks and restaurants and other businesses no longer have to accommodate pigs, snakes or other exotic animals that their owners have called service animals in the past where these animals either pose a dire health risk to others or where the animals were not professionally trained to deliver specific assistance to their owner.

Under the revisions to the law regarding service animals, business owners can ask two questions:

1. Is the animal required because of a disability?
2. And what work or task has the animal been trained to do?

However, business owners cannot require proof of certification to grant someone entry to their place of business nor can they ask about the specifics of the person's disability or special needs for which the animal is being used.

Some people with viable service animals are relieved to see the tightened regulations and hope this eases skepticism from the public about their animals.

Nicky is miniature schnauzer with a full time job as Don Howell’s service animal. Don has an enlarged heart, so that even the simplest of tasks is exhausting if not impossible for him.

“I depend on him and that’s been hard for me,” Howell said.

What makes life even harder is the abuses of service animals by people who haven’t properly trained their animals. “It creates that question in people’s mind is this all legitimate or is this a bunch or garbage, do people really need it,” Howell said.

Right now there's no required training to qualify a dog as a service animal. Nicky's trainer, Pat Moberly, is happy the ADA has tightened rules for service animals, but believes the laws could go even further, requiring certification for service dogs.

“So you don’t have the dogs eating off the table and bugging people everywhere and barking in the movies and pooping in the mall,” Moberly said.

Moberly added it’s not only dogs that have eroded the public's opinion of service animals.

“A huge area that’s been abused, iguanas on people shoulders that they walk around, the woman with the guinea pig or the guy with the snake he carried it in a paper bag at the grocery store,” she said.

Nicky the mini-schnauzer may one day end up being Don Howell’s life saver.

“We’re going to work with Nicky to sense when my heart is not beating like its supposed to when it gets out of rhythm,” Howell said.

But for now Howell’s happy the new rules for service animals brings more legitimacy to his working relationship with Nicky.