If you’re thinking of proposing or promoting the idea of such limits on our rights to service dogs, please take a moment to read this ADA refresher with quotes from the Department of Justice (the agency that makes the regulations and is responsible for the enforcement of the public access section of the ADA, Title III).
Your registration or identification scheme is discriminatory if it keeps any person with a disability from living as free and spontaneous a life as a person without their disability when it comes to public accommodations:
Specifically, title III requires places of public accommodation to make reasonable modifications to policies, practices, or procedures to afford access to persons with disabilities, including those who use service animals, that is equal to the access afforded to individuals without disabilities. 42 U.S.C. Â§ 12182(b)(2)(A)(ii); 28 C.F.R. Â§ 36.302(a). [DOJ, from “SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND WAL-MART STORES, INC.” http://www.ada.gov/walmart.htm, emphasis added]Before you propose a scheme for registering or identifying service dogs, ask yourself if it would make access more difficult for someone who . . .
. . . is jogging by a coffee shop with their seizure alert dog when a friend waves him/her down and offers to buy breakfast. The dog is unvested and the jogger is not carrying his/her wallet or purse. Could this person be denied the right to eat at the restaurant because of your scheme?
. . . is a lawyer taking Eskalith and Depakote which cause frequent urination and diarrhea/loss of control of the bowels. Nature isn’t just calling, she’s screaming when the person and psychiatric service dog rush from the courthouse and arrive at a restaurant for a business luncheon he/she is hosting. Will your scheme increase