b'to an emotional support dog, how does one tellchase official certifications, tags, or vests forof emotional support, well-being, comfort, or the difference? This question is similar to thetheir dog, but these confer no legal standing. companionship do not constitute work or tasks question of differentiating between a genuinefor the purposes of this definition.service animal and an ordinary pet. Theoperatorofthepublicaccommodation is left with the awkward option of inquiringSome persons are sufficiently knowledgeable If someone presents an animal other than aabout the dog. Some questions are not permit- about the law that they can game the situa-dog (or a miniature horse), the answer is easy.ted under the ADA. Its not permissible to asktion. If a person answers the questions correct-Its not a service animal, and there is no re- a person what his or her disability is. Nor canly, but there is suspicion that they are lying, the quirement to accommodate it. According tothe public accommodation insist on seeing cer- public accommodation is placed in a precari-theJusticeDepartmentsADAregulationstification attesting to the dogs status as a ser- ous position. As a general rule, there must be (section 36.104 of title 28 Code of Federal Reg- vice animal. As noted above, the governmentan assumption that the person is being truth-ulations), a parrot, monkey, pot-bellied pig,does not provide such certification. ful, and the answer should be accepted at face peacock, or (especially) an alligator cannot byvalue. If one refuses to accept the answers and legal definition be a service animal. If personOnly two questions are legally permitted. First,denies accommodation to the animal, there is with the animal is unhappy with a public ac- is this a service dog for a disability?The per- always the risk that the aggrieved person will commodations refusal, their beef is not withson must answer yes. Then, What work ortake their complaint to legal authorities (the the public accommodation; its with the Jus- task has the dog be trained to do for you? TheU.S. Justice Department, for instance).tice Departments rule. person should respond with a description of a specific task directly related to the individualsFinally, the public accommodation can require Apersonaccompaniedbyadogpresentsadisability (retrieve objects; remind to take medi- a person to remove a service animal if the dog more complicated scenario. The dog could becine; alert a person with PTSD of an impendingis not housebroken or if it is out of control and a true service animal, an emotional support an- panic attack, by licking the hand, for example;the person cannot get it under control. Loud imal, or a mere pet. There is no obligation toor advise a person with epilepsy of an oncomingbarking, menacing of other persons, and run-accommodate the latter two. But how to dis- seizure). A response of relieve my anxiety orning loose can constitute out of control. Sec-tinguish between them? comfort me is not an acceptable response. Sec- tion 36.302(c)(4) states that in most situations tion 36.104 confirms. The crime deterrent ef- a service animal shall have a harness, lease, or Keep in mind that only a person with a disabil- fects of an animals presence and the provisionother tether.ity can invoke the protection of the ADA, in-cluding the general right to be accompanied by a service animal. Many types of disabilities will be evident, but not all will be.The key difference between a service dog and an emotional support dog is whether the animal has been trained to perform a specific task or job directly related to the persons disability.AMERICAN KENNEL CLUBSome persons may present documents or certif-icates that identify the animal as a service dog. Or the animal might sport a vest or tag with such an identification. These are not disposi-tive. The federal government does not requireE X2 0them. Contrary to the assertions by some peo- B 1 9Iple, there is no official registry for service dogs. Anyone can go to commercial websites to pur- WINNER21 SEPTEMBER 2022'