MILO & KEN

For business owners, the Texas ADA law is pretty clear: It requires public facilities and common transportation carriers to admit a person with a disability accompanied by a service dog for assistance and also to admit a trainer of service dogs accompanied by a dog for training purposes.“ Public facilities includes restaurants, grocery stores, retail businesses, basically anywhere the public is allowed to enter. Notice in the definition above, service dog trainers have the same access rights as disabled persons for purposes of training; service dogs need to experience all different kinds of environments. Though it is not required, a reputable trainer will typically ask permission to train
inside the business. Most business owners believe they cannot deny access to someone with a service dog. In general that is true unless the dog is being disruptive, acting aggressively, or is not properly housebroken – then the owner has the right to ask that the dog be removed. Someone being afraid of dogs is not sufficient reason to remove the dog. If the dog is under control, and the handler is being respectful
of those around them, there is no reason to remove the dog… manners count. Handlers should also show good manners. A trainer denied access would politely leave, though they may remind the business owner of the law. A disabled person might be less than polite depending on their personality and how badly they wish to enter. They may show you a copy of the law and, if they are legitimate they may file a complaint.
Aside from manners, how can businesses determine if a dog is a legitimate service dog? First, one can ask two questions: Is this a service dog, and second What does this dog do for you? An owner may not ask for proof of disability, or certification that the dog is a service dog. Nor can an owner ask the disabled person to demonstrate what the dog does. One good way to discern whether the animal is a legitimate service dog is the attitude of the handler. If the handler makes a scene, raising their voice and threatening legal actions, they are probably not legitimate. If they threaten to call the police to enforce their right to access with the dog, let them. Local law enforcement should be able to explain
the law to the business owner and the handler. Just as there are penalties for denying access to a legitimate service dog, most states have penalties for misrepresenting a pet as a service dog. A handler with a bad attitude could well be digging his own hole. They are certainly not setting a good example of the service dog community. Along this line it is reasonable to note that there is no standard, universally
accepted certification for a service dog – and this poses a problem. Organizations such as Assistance Dogs International accredit smaller groups that meet strict standard of training. On the other side there are internet “registries” that will register any dog as a service dog, provide documentation, a vest, and identity card for a fee. These are NOT legitimate organizations. Service dog trainers consider these groups a scam that harm to service dog community. Registering with these internet sites grants no legal rights to a dog or handler.
The closest certification available that is somewhat universally accepted is the AKC Good Canine Citizen certificate along with the Public Access Test. Taken together, these two tests insure that the dog is well mannered, and trained enough to qualify as a service dog. A dog that has passed these tests is highly unlikely to be a nuisance in public. These certifications by themselves do not a service dog make. Recall the definition – a service dog is individually trained to perform a specific task for a person. That’s why it is reasonable for a business owner (or anyone in public confronted by a service dog) to ask “What does this dog do for you?” If the response is something like “This dog comforts
me, helps me cope with situations like this store.” The business owner can use their discretion. Therapy dogs have a different purpose than service dogs. They go into nursing homes, hospice situations, stressed out students or anyone needing help to calm themselves.
Reputable handlers of therapy dogs do not try to pass them off as service dogs, even though the dogs perform a valuable service.