For a number of reasons, most of the general public and a great portion of the dog-owning public are not educated about service animals. It's best, therefore, to be prepared for many different responses from people when you are out and about with your service dog. Consider the following examples:
- Your dog's attractive appearance elicits whistles and calls to it from people passing by on the street
- Another dog owner enthusiastically allows his dog to interact with yours without asking, so they can play
- If you are in a wheelchair with your service dog on your lap, someone assumes it's a lap dog and not a working dog
- If you have an invisible disability, a salesperson assumes you are lying about your service animal's status and let's you know it
- A bus driver demands to see proof that the dog is a service animal or denies you access
- Office personnel tell you that only guide dogs for the blind are allowed on the premises
- Someone asks you what the animal does for you
- A member of the public yells at you "Can't you see the sign?" while you are in a place of business making a transaction
- A landlord demands that you follow the "no pets" clause in your lease
Now consider from among the following choices:
- Ignore the situation
- Allow the interference
- Smile pleasantly
- Yell at the person
- Step back but speak up
- Inform the person that yours is a service animal and let him know what is called for
- Explain what the law is with regard to service animals
- Have a nice conversation about the animal
- Outfit your animal with a labeled vest
- Carry an identification card or tag for the animal
- Carry copies of the ADA law to give out
- File a discrimination complaint
- Sue
You may not have the time to stop and educate someone. You could be having a bad day for any number of reasons and be feeling depressed, frustrated, or irritable. Ignoring someone's calls and whistles to your dog, whether with a smile or not, may be your best choice. In a situation like this, when your service animal is well-trained, which he or she should be, such instances should not be distracting for the dog. The dog may become confused if you yell back though, so make sure to refocus the animal if you do. Hopefully you'll not feel like yelling very often, but it does happen.
Educating by gently explaining or having a pleasant conversation is a great response if you have the time and inclination. Here you get a chance to socialize, advocate, and educate all at the same time. This type of action tends to leave you feeling in the best of moods, and may even lift it. You might even learn something too. Remember that you can just talk, and still decide whether or not to allow someone to touch your service animal.
You may want to obtain some kind of service animal identification for your dog, even though it is not necessary according to the ADA (Americans with Disabilities Act). It can save an individual time and hassles, especially when dealing with an invisible disability. It can help you to be taken more seriously. True, having identification of some kind can make it difficult for others with service animals without identification, as when a member of the public who has seen identification then expects everyone with an animal to be carrying it. But that can be explained as well. Types of service animal identification include special license tags, identification cards, labeled vests, or photo identification cards. Some identification cards have a description of the ADA service dog law on the back, as well as state and federal information phone numbers. The choice about acquiring service dog identification is optional.
People may lawfully ask you if you have a service dog and what tasks the service dog provides for you, however you are not required to disclose your particular medical condition(s). This may be especially relevant if you possess a psychiatric service dog, which tends to have more stigma attached to the diagnosis. Consider answering in the most general terms, such as "S/he is trained to assist me with a medical condition I have." Some premises which you visit regularly may ask for a doctor's letter. You do not have to provide one. The decision is yours about what is best. You might offer to compromise by blacking out any information in a formal letter that you don't wish to reveal, or ask your health care practitioner to provide a very general letter for the occasion.
Filing complaints or taking someone to court is a serious action and should not be pursued frivolously. You can call your state Division of Civil Rights or the Department of Justice, describe the circumstances, and ask if they think you may have a legitimate case. There are legitimate situations for pursuing such an action, such as being evicted by reason of your service animal, or being denied access. In some cases damages to you may be caused, and you may be legally entitled to damages. Filing a complaint of discrimination can also result in changing the policies of a business or organization, so the discrimination does not happen to anyone else in the future.
Helpful Links:
Resources:
U.S. Department of Justice Americans with Disabilities Act ADA Home Page. http://www.ada.gov/ (accessed June 28, 2009)
"Commonly Asked Questions About Service Animals in Places of Business". U.S.Department of Justice Civil Rights Division Disability Rights Section, July 1996 Last updatedJanuary 14, 2008. http://www.ada.gov/qasrvc.htm (accessed June 28th)
"Service Animals". Americans with Disabilities Act ADA Business Brief. U.S. Department ofJustice Civil Rights Division Disability Rights Section, June 2002. http://www.ada.gov/svcabrs3.pdf (accessed June 28, 2009)
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