WHAT IS THE DIFFERENCE AND WHY SHOULD I CARE?. Overview: Assistance Animals 101 What are therapy...
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THERAPY DOGS, EMOTIONAL SUPPORT ANIMALS & SERVICE ANIMALS WHAT IS THE DIFFERENCE AND WHY SHOULD I CARE?
WHAT IS THE DIFFERENCE AND WHY SHOULD I CARE?. Overview: Assistance Animals 101 What are therapy dogs vs service dogs vs emotional support animals? What
Overview: Assistance Animals 101 What are therapy dogs vs
service dogs vs emotional support animals? What legal protections
apply to each? Frequently Asked Questions
Slide 3
THERAPY DOGS
Slide 4
SERVICE ANIMALS UNDER THE ADA Service animals are animals that
perform tasks for people with disabilities SEEING EYE DOGS HEARING
DOGS ALERT DOGS
Slide 5
SERVICE ANIMALS UNDER THE ADA BUSINESSES AND ORGANIZATIONS OPEN
TO THE PUBLIC MUST ALLOW SERVICE ANIMALS IN ANY AREA THAT CUSTOMERS
ARE NORMALLY ALLOWED TO GO RESTAURANTS, TAXIS, HOSPITALS, GROCERY
STORES, DEPARTMENT STORES, THEATERS, PARKS BUSINESSES MAY ASK IS
THE ANIMAL A SERVICE ANIMAL? WHAT TASKS HAS IT BEEN TRAINED TO
PERFORM?
Slide 6
SERVICE ANIMALS UNDER THE ADA Businesses that sell or prepare
food must allow service animals in public areas even if state or
local health codes prohibit animals on the premises.
Slide 7
SERVICE ANIMALS UNDER THE ADA BUSINESSES MAY NOT: DEMAND TO SEE
PROOF THAT THE ANIMAL IS A SERVICE ANIMAL ASK WHAT THE PERSONS
DISABILITY IS CHARGE A PERSON WITH A SERVICE ANIMAL MORE TREAT
DISABLED PEOPLE WITH SERVICE ANIMALS DIFFERENTLY OR LESS FAVORABLY
THAN OTHER PATRONS
Slide 8
Service animals may be excluded from a place of public
accommodation only if: accommodating the animal would fundamentally
alter the nature of the facility or service it provides, based upon
an individual assessment, the service animal poses a substantial
and direct threat to health or safety which cannot be mitigated the
animal is out of control or not housebroken
Slide 9
SERVICE ANIMALS UNDER THE ADA FEAR OF ANIMALS OR ALLERGIES ARE
NOT VALID REASONS FOR EXCLUDING A SERVICE ANIMAL SERVICE ANIMALS
ARE NOT REQUIRED TO WEAR VESTS OF SPECIAL IDENTIFICATION SERVICE
ANIMALS DO NOT REQUIRE CERTIFICATION
Slide 10
VIOLATORS OF THE ADA MAY BE FINED OR SUBJECT TO CIVIL LIABILITY
OR BOTH
Slide 11
FLORIDA LAWS REGARDING SERVICE ANIMALS 413.08 Rights of an
individual with a disability; use of a service animal; Makes it a
criminal violation to deny or interferes with admittance to, or
enjoyment of, a public accommodation or otherwise interferes with
the rights of an individual with a disability or the trainer of a
service animal while engaged in the training of such an animal
Slide 12
FLORIDA LAWS REGARDING SERVICE ANIMALS Access to public areas
must be given to service dog trainers Housing provisions do not
apply to service animals in training
Slide 13
FLORIDA LAWS REGARDING SERVICE ANIMALS An individual with a
disability who has a service animal or who obtains a service animal
is entitled to full and equal access to all housing accommodations
provided for in this section, and such a person may not be required
to pay extra compensation for the service animal. Section 760.07
Fla. Stat. provides that any violation of any Florida statute
regarding discrimination gives rise to a cause of action for
injunctive relief and compensatory damages, including, but not
limited to, damages for mental anguish, loss of dignity, and any
other intangible injuries, and punitive damages.
Slide 14
FLORIDA LAWS REGARDING SERVICE ANIMALS It is a crime to
interfere with, or permit a dog to interfere with, the use of a
service animal by obstructing, intimidating, or otherwise
jeopardizing the safety of the service animal or its user. It is a
crime to kill or injure a service animal or permit a dog to do so.
Violator must make full restitution for all damages that arise out
of or are related to the offense.
Slide 15
FLORIDA LAWS REGARDING SERVICE ANIMALS Restitution includes the
value of the service animal; replacement and training or retraining
expenses for the service animal and the user; veterinary and other
medical and boarding expenses for the service animal; medical
expenses for the user; and lost wages or income incurred by the
user during any period that the user is without the services of the
service animal.
Slide 16
Emotional support animals
Slide 17
Emotional support animals by their very nature, and without
training, may relieve depression and anxiety, and/or help reduce
stress- induced pain in persons with certain medical conditions
affected by stress.
Slide 18
EMOTIONAL SUPPORT ANIMALS An emotional support animals provide
therapeutic support to a disabled owner through companionship,
non-judgmental positive regard, affection, and a focus in life.
Emotional support animals are beneficial to people suffering from a
variety of disabilities, including depression, dementia, anxiety,
autism, ptsd
Slide 19
EMOTIONAL SUPPORT ANIMALS Unlike service animals, emotional
support animals need not be individually trained to do anything
"emotional support animals do not need training to ameliorate the
effects of a person`s mental and emotional disabilities. Emotional
support animals by their very nature, and without training, may
relieve depression and anxiety, and/or help reduce stress- induced
pain in persons with certain medical conditions affected by
stress."
Slide 20
EMOTIONAL SUPPORT ANIMALS Under the Fair Housing Act, no pet
restrictions must be waived for all assistance animals, service
animals and emotional support animals Protections of ADA, access to
public places, does not extend to emotional support animals
Slide 21
EMOTIONAL SUPPORT ANIMALS Weight and breed restrictions may not
be applied to assistance animals
Slide 22
FAQS REGARDING ASSISTANCE ANIMALS
Slide 23
How can I get Fluffy certified? $64.95 plus shipping!
Slide 24
who can verify a disability related need for an assistance
animal? Persons who are seeking a reasonable accommodation for an
emotional support animal may be required to provide documentation
from a physician, psychiatrist, social worker, or other mental
health professional that the animal provides support that
alleviates at least one of the identified symptoms or effects of
the existing disability.
Slide 25
HOW INFORMATION IS ENOUGH? Housing providers may request
verification that the person asking for an accommodation has a
disability, and an explanation of the nexus between the requested
accommodation and the disability A housing provider also may not
ask an applicant or tenant to provide access to medical records or
medical providers or provide detailed or extensive information or
documentation of a person's physical or mental impairments.
Slide 26
HOW INFORMATION IS ENOUGH? documentation is sufficient if it
establishes that an individual has a disability and that the animal
in question will provide some type of disability-related assistance
or emotional support
Slide 27
WHAT IF A SERVICE DOG BITES ? Service dogs are exempt from any
quarantine requirement following such bite if the dog has a current
rabies vaccination that was administered by a licensed
veterinarian.
Slide 28
When is an assistance animal necessary vs desirable? If the
accommodation will affirmatively enhance quality of life by
ameliorating (or reducing) the effects of his or her disability. It
is not necessary to prove that there are no alternatives
treatments.
Slide 29
when can an assistance animal be removed from a community ?
animal's behavior poses a direct threat to the health and safety of
others, and its owner takes no effective action to control the
animal's behavior so that the threat is mitigated or
eliminated.
Slide 30
IS THERE ANYWHERE SERVICE ANIMALS CANNOT GO? Refusing to allow
service dogs on cruises, at an MRI facility, at a psychiatric
hospital, on a brewery tour, and at a law office have all been
found to be violations.
Slide 31
IS THERE ANYWHERE SERVICE ANIMALS CANNOT GO? Fundamentally
alter the nature of services provided Pose a direct threat to
health and safety The only generally recognized exception allowing
blanket prohibitions of service animalsis in "limited- access areas
that employ general infection-control measures" such as those
requiring strict hygiene rules and protective barriers like gloves,
gowns, and masks.
Slide 32
WHAT IS A PSYCHIATRIC SERVICE ANIMAL?
Slide 33
WHAT ABOUT EMOTIONAL SUPPORT ANIMALS ON AIRPLANES? Governed by
the Air Carrier Access Act May ask for a recent (not older than 1
yr) letter from a licensed mental health professional Flights more
than 8 hrs long treated differently