Hi Delta,
I'm a disabled veteran with mostly invisible injuries, and I have a service dog of my own, so I'm answering your questions from my own knowledge of the law and experience in handling service dogs.
According to the
Americans with Disabilities Act, you can ask two questions:
IS that dog needed to help with a disability?
And
What tasks is it trained to perform?
Service animals are to help mitigate a person's disability- which may or may not be visible. The dog's legal position in this case is that it is a medical device, no different from an insulin pump or crutches. It is there to provide
trained tasks for one person. There is no federal regulating authority on service animals, so there are no ID Cards, vests or certification papers a SD handler needs to have- all of that can be bought online without any evidence of disability or training. (Yeah, they don't even have to wear a vest. I know how frustrating that can be, but the laws err on the side of allowing a dirt-poor person to have this kind of medical device with as little financial drain as possible)
You can tell a dog is a trained SD by their behavior- they shouldn't be running around (unless it is performing a task for its handler such as bringing you admissions money, or running to get help for their handler). It should ABSOLUTELY be potty trained, and making no noise, not bothering or intentionally distracting anyone else, not begging for food or attention from anyone but its handler.
If you witness a service dog doing these things- then it's obviously not trained well enough for public access, and you can ask the handler to remove the dog from the premises. In that case, you're not kicking them out, you're kicking the dog out. It can and will cause a stir, but if this is a genuinely disabled person with an actual service dog, they will be more understanding, and more than happy to answer your questions. I know my dog sometimes acts out in public- she is after all, just a dog, and has off-days like we do. If she's not behaving, I usually read her the riot act (so to speak), or remove her myself. If I were approached and asked to leave in that instance, I'd likely be frustrated with her, but completely understanding of you and your situation.
There is a world of difference between service dogs dogs and emotional support animals (ESAs). Only service dogs are granted the right to public access (such as coming to museums- it is against federal law to deny them access) ESAs give the owner the right to own them as far as housing rights and regulations go, and it is up to you and your organization whether you allow them in your building. Some topics, such as a Holocaust museum, ESA access might make sense. Other instances, such as a textile museum, may not. That decision is up to you.
ESAs provide emotional support, which is not considered a "trained task," and ESA handlers don't have to be disabled to have and own the animal. Additionally, ESAs can be many kinds of animals. Service Dogs are almost always dogs (with a few exceptions made for small horses, but those are rare).
Please don't be afraid to ask any questions you might have- I'm pretty open about my dog and how I use her. Also, please ensure your greeting/desk staff are educated in this aspect of the ADA. I've been in several instances where I am denied access because either I didn't have her vest yet, or "It's a damn dog, no animals in the building!" Every instance where I have to argue for minutes on her validity (because I'm usually not visibly disabled, or because they don't know the law), and am turned away is humiliating and degrading. You can tell a service dog by their behavior (quiet, stays by their person, responds to commands, doesn't sniff around, focused on their handler, not interacting with everyone)- if someone tries to slip in with a pet, you'll be able to tell.
Cheers, and good luck,
------------------------------
Kristi Moore
CEO/Owner
Fredericksburg VA
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Original Message:
Sent: 04-01-2019 01:04 PM
From: Delta Mello
Subject: Pet vs Service vs comfort animal policy
I am curious as to what museum's policies are for animals in the museum. What can you ask? What can't you ask? I would appreciate directing me to any written policies.
Thanks,
Delta Pick Mello
Executive Director / CEO
Sacramento History Alliance
101 I Street, Sacramento, CA 95814
Office: 916-808-7108
Cell: 916-769-7678
FAX: 916-808-5100
Email: dmello@cityofsacramento.org
Website: www.SacHistoryMuseum.org
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