The membership of Guide Dog Users Inc. (GDUI) states its position on what defines a service animal. Dogs specifically trained to guide their blind handlers were the first type of service animal recognized by state and federal laws. Handlers have worked for seventy years to gain and strengthen the right to be accompanied by their dogs and utilize the services of said dogs in places of public accommodation, transportation and employment settings. People with other disabilities began to acquire specially trained dogs to assist them with various tasks related to their disabilities. The term “service animal” was coined to describe any type of animal providing a service that mitigates the handler’s disability. This definition has become quite blurred in recent years. The variety of tasks and purposes for such animals has broadened to include services not directly controlled by a person with a disability and functions that do not involve training beyond obedience. GDUI seeks to establish a foundation from which to discuss the rights and privileges afforded to service animal handlers under local, state and federal law.
GDUI seeks to state a position on the definition of service animals due to the nature of questions we receive from the general public and business community. As the legal definition of “service animal” is vague at best, and as the service animal related provisions of the Americans with Disabilities Act come up for review, we feel compelled to give testimony on behalf of a standard that blind people have benefited from for the past seventy years in the United States. As pioneers in accessibility, we hope to provide expert witness to the standards of conduct that have paved the way for the rights of other people with disabilities and their service animals.
GDUI contends that a service animal must be specifically trained to mitigate the effects of a disability. The mere presence of the animal without training beyond basic obedience is not sufficient to qualify it as a service animal. GDUI understands that there are a wide variety of activities animals may be trained to perform to mitigate the effects of a disability. The organization encourages research into training methods to best meet the needs of people with disabilities who wish to use the services of animals to mitigate aspects of their disabilities.
GDUI contends that the service animal works as part of a team. Rights, privileges and responsibilities for the service animal are conveyed directly to its handler. GDUI presumes that a “service animal handler” is the person with a disability who directly benefits from the services of the animal to mitigate the effects of disability and has direct control over the animal. The organization recognizes that children or people with severe disabilities may entrust a portion of the care of their service animals to others, but GDUI contends that the primary responsibility for the animal be born by the person it has been trained to serve.
GDUI contends that prospective handlers should receive instruction in the proper handling of service animals to facilitate mitigation of disability and control in public settings. If the service animal is -trained by its disabled handler, that person should have some sense of the nature of the work done by such an animal to mitigate a disability. Handlers should be trained and well versed in effective forms of control and correction for the service animal.
GDUI contends that service animal handlers are directly responsible for maintaining appropriate control, health and grooming of their service animals. The concept of “protection” has been used to describe certain duties performed by service animals. GDUI contends that no service animal should be trained to “protect” its handler from attack or other forms of violence. GDUI contends that the service animal handler is responsible for monitoring the animal’s behavior toward other animals and people and taking appropriate action should the animal show signs of aggression. Service animals that attack other animals or people should be dealt with through further training or retirement. GDUI lastly contends that the service animal handler is responsible to obey all applicable local, state and federal laws regarding vaccination, restraint (leash laws) and clean up. An understanding of these responsibilities should be conveyed during any training program with a service animal.
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