Background
- A service animal is any dog or miniature horse that is individually trained to perform tasks for a person with a disability or disabilities.
- Common service animal tasks include guiding people who are blind, alerting people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a seizure, or performing other special tasks.
- The county welcomes people with disabilities to bring their service animals into all areas of the facility where members of the public and individuals using county services are normally allowed to go.
- The questions and answers below are provided to help county employees respond appropriately to individuals with animals inside county facilities.
Do not respond in the circumstances described below if you have not been trained in these policies.
If, under any of the following circumstances, a service animal is excluded from a county facility, it is the individual owner/handler/trainer's responsibility to secure supervision and care for his or her service animal, not the county's.
FAQ
Why does the County allow service animals into its buildings?
The County is required by law to modify its rules regarding no animals in County buildings to allow individuals who need service animals to bring the animals into County facilities. Think of a service animal in the same way you would a wheelchair for someone who cannot walk-the service animal is needed so the person can access County services.
An individual entered the McCoy building with a pitbull and claimed it was her service dog. Can a pitbull be a service dog?
Yes. Any animal that has been individually trained to perform a task for the individual is considered a "service animal." Common services animals are guide dogs (of various breeds); however, service animals may be small lap dogs or miniature horses,. Anyone inquiring about an animal should focus on the animal's training.
What should I do if an individual refuses to answer the questions I may legally ask about an animal?
If an individual refuses to answer the following questions: (1) Is your dog a service animal a service animal required because of a disability; and (2) what work or task has the dog been trained to perform?, you may exclude the animal from the County facility. Be clear that the animal is being excluded, not the individual. In addition, an individual with an animal should never be asked questions about his or her disability.
There are times when an individual may not be able to answer the two questions you may legally ask. For example, the individual has low cognitive function and cannot formulate reasonable answers. Or, an individual may not be able to articulate a reasonable answer for other reasons. It is always best to err on the side of allowing someone with an animal into a County facility, rather than to disallow an animal in when its owner/partner is incapable of answering the two questions.
I asked the questions and the individual responded that the animal is a service animal for someone else, or that it makes other people in its presence feel calm. Should I let the animal into the County facility?
No. A service animal is only allowed to accompany its owner/partner-the person it is serving-or its trainer inside a County facility. While certain animals may make other people feel good or calm or happy, those animals may not fit the definition of a "service animal" that may accompany its owner/partner/handler into a County facility.
An individual with a dog wearing a vest that says "service animal" came into my building. When I asked if it were a service animal, he pointed to the vest and said yes. When I asked him about the service the dog provides him, he pointed to the vest again. Was the dog a service animal?
Maybe. A service animal is NOT required to wear a special vest, harness, or other notification. In fact, such vests, harnesses, etc. are available on the internet to anyone who wants to purchase one. In such a case, the individual should still be asked the two legal questions. The animal should be allowed into County facilities if the individual can provide a reasonable answer to the questions.
A woman who entered a County building with a dog tried to show me a doctor's note that she said explains that her dog is a service animal. What should I have done?
Some health care providers write notes for their patients prescribing animals for health reasons. You should never ask to see this kind of note. If an individual tries to show you this type of note, you may state that such a note is not necessary, and ask the individual to answer the two questions ((1) Is your animal a service animal? and (2) What service is your animal individually trained to provide you?)
Again, there are times when an individual may not be able to answer the two questions. For example, the individual has low cognitive function and cannot formulate reasonable answers. Or, an individual may not be able to articulate a reasonable answer. It is always best to err on the side of allowing someone in with an animal, rather than to disallow an animal in when its owner/partner is incapable of answering the two legal questions.
However, if a person seems capable of answering the questions but refuses to answer them, you may exclude the animal from the County facility. Some individuals mistakenly believe that you may not legally ask them these questions.
A woman who frequents the Library is tired of being asked about her dog, which the Library has determined is a service animal. She says she feels harassed. May the Library keep a note on file about her service animal so that the woman does not feel "harassed"?
This type of circumstance should be handled on a case-by-case basis and with consultation from the County Attorney's Office. If the Library chooses to keep a note on file or give the woman a letter so that she may show that the dog is a service animal, the Library should also explain that she may still be asked the two questions because: (1) the Library may not be able to maintain a file for everyone using a service animal in its County facilities; (2) on any given day different staff may be working who are not familiar with the patron or service animal.
An individual inside a County building complained that another individual's service animal was causing her to have an allergic reaction. In these circumstances, may I ask the individual with the service animal to remove the animal from the facility?
No. Courts have ruled that allergies alone should not be a basis for excluding a service animal from inside a facility. However, if an individual's allergies are so serious that they rise to the level of a disability, you may need to consider the affected individual's needs. In this circumstance, contact the County Attorney's office for consultation.
A person using County services complained about a service dog's presence, stating that according to his religious beliefs, dogs are unclean and should not be allowed into buildings. Should I have asked the individual with the service dog to take her dog out of the County building?
No. Courts have ruled that an individual's religious beliefs about animals should not lead to a service animal's exclusion from a facility.
Certain areas of the health department clinics are unsuited for animals because of the need for absolute cleanliness. May the health department exclude service animals from these areas?
If the health department clinics contain areas where service animals could pose a "significant health risk," an appropriate medical personnel member should list the specific areas of significant risk where service animals are not allowed and permit a service animal in all other areas. The medical personnel should be able to list the specific reasons an animal is not allowed into certain areas, e.g. risk of infection, severe allergic responses, etc.
Yesterday in the health department, an individual with a dog could not get his dog to stop barking. He stated that the dog was a service animal that let him know when he was going to have a seizure. What should I have done?
An individual with a service animal must keep his or her animal under control. If the barking is a disruption to other patients and cannot be controlled, the individual may be asked to remove the dog until it is under control. This kind of disruption should not lead the facility to exclude the dog permanently. The individual may be allowed back inside the facility with the service animal once the animal is under control.
This morning in the Library, a woman's service animal lunged aggressively at another patron. The woman was able to get her dog under control so that it did not pose further problems. I did not exclude the dog. Did I do the right thing?
Yes-if a service animal owner can get her animal under control, the animal need not be excluded. However, had the dog continued lunging aggressively at other patrons, so that the dog was a direct threat to their safety, the dog could have been lawfully excluded.
This morning, a man came in with a small dog. I asked him if the dog was a service animal and he said the dog was a "therapy" animal. What should I have done?
"Therapy" animals are sometimes, but not always, service animals. In these circumstances, ask the individuals with the animals about the service the animal is individually trained to provide them. If the individuals can describe a reasonable service the animals have been trained to provide them, then the animals should be allowed into the County building.
What about "companion" animals?
Some health care practitioners write "prescriptions" for "companion" animals for individuals. Housing laws require landlords with pet prohibitions to allow individuals with these "prescriptions" to keep their companion animals inside their homes. In addition, "companion" animals are sometimes, but not always, service animals which must be allowed inside County facilities. Individuals with companion animals may state that the animal "keeps me calm" or "makes me happy." In these cases, the animal is probably not a service animal. If the individual with the animal can describe a service the animal has been trained to provide him or her, the animal may be described as a "companion" animal and a "service animal."
A woman came into the Library with a dog, and when I asked about the dog, she stated that she is training it as a service animal. I let the dog in-what should I have done?
You did the right thing. A trainer has the right to have an assistance animal or assistance animal trainee with the trainer, in any place of public accommodation or on any mode of transportation so long as the person or trainer controls the behavior of the animal.
A man and woman came into the library together and the man was holding a dog on a leash. The man correctly answered the service animal questions so we allowed the dog to stay. Half an hour later, we noticed the man had left and the woman and the dog were still in the building. When questioned, she said it was also her service animal. May two people 'share' one service animal?
Yes, a service animal may be be shared by one or more individuals. Each person must be able to satisfactorily answer the two legally permissible questions. (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Once the man had left, it would be appropriate to ask the woman to answer the two service animal questions.