Service Animals
12.1 GENERAL
Only animals legally defined as service animals, and in compliance with the American Disabilities Act are permitted in the library. The definition of a service animal as defined by § 36.104 of the American with Disabilities Act is:
“Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.”
- When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task the dog has been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.
- The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.
- Under the ADA, a public entity may ask an individual with a disability to remove a service animal from the premises if the animal is out of control and the animal´s handler does not take effective action to control it. What the regulations mean by the animal being “out of control” is that the animal must be under the control of its handler.
- A service animal must be under the control of its handler. Under the ADA, service animals must be harnessed, leashed, or tethered, unless the individual’s disability prevents using these devices or these devices interfere with the service animal’s safe, effective performance of tasks. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls. Examples of “out of control” include:
- A dog that barks repeatedly while inside the library.
- The animal poses a direct threat to the health or safety of others.
- The animal exhibits unwarranted and unprovoked violent behavior, such as uncontrolled barking or growling at other customers.
- Jumping on other people.
- Running away from the owner.
- The animal is not housebroken.
- A service animal must be under the control of its handler. Under the ADA, service animals must be harnessed, leashed, or tethered, unless the individual’s disability prevents using these devices or these devices interfere with the service animal’s safe, effective performance of tasks. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls. Examples of “out of control” include:
