Mobility Dogs in Florida & the Law: What you should know.
It becomes more apparent each time we venture out into public places. Whether it’s the grocery store, the mall, the movie theater, a park, or the beach – assistance dogs in Florida are everywhere. Or are they? That Chihuahua in the red vest with “service dog” printed on it, straining against his leash while trying to lick the gum on the sidewalk is not an assistance dog. Nor is the golden lab who is barking at the children in the stroller, despite the fact that he is sporting a blue vest with the “service dog–access required” printed on the side.
You see assistance dogs in Florida are specifically trained to ignore things like dropped food and passersby. They are tasked with providing assistance to their human handler and only interact with those around them when they are given permission to do so. They cannot be distracted from their duties as such distraction could result in injury to their partner. Unfortunately, the assistance dog “wanna-be’s” are creating problems for those who have actual service dogs.
Service Dogs access rights are protected under U.S. Federal Law under the Americans with Disability Act. The provisions of the ADA with respect to service animals specifically states the service dogs are granted access to any place that the public is granted access. There are no exceptions including: restaurants, hospitals, grocery stores, airplanes, schools, parks and beaches to name just a few. If you are allergic to dogs, or you are afraid of dogs and a legitimate service dog has entered the premises unfortunately you will have deal with it. The dog and its handler will not be asked to leave, unless; the dog has an accident or is out of control – which by the way – never happens with a trained assistance dog.
Please don’t ask for certification, identification, or require any other kind of paper to prove that a service dog is indeed a service dog. You will be breaking the law if you do so. If you are a business owner and are not certain about the status of a dog you need to learn the law. You may ask two 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? You are not permitted to ask what else the dog does, nor about the medical status of the person who is accompanied by the dog. That would be considered a violation of the individual’s privacy. As a business owner it is your responsibility to educate your staff about appropriate protocol when encountering a service dog team in your business.
Unfortunately, there is no mandate for certification or licensed service dog status. Anyone asked to produce such identification and does so, is producing, in a word – junk. This is creating a huge problem for those who truly depend on their assistance dogs in Florida and in kind for business owners who are uneducated about the legality of such certification. What results is that the “wanna-be” service dogs are granted access to places where they don’t belong. They behave poorly and give legitimate assistance dogs a bad reputation.
If you are the human part of an assistance dog team and have encountered difficulty gaining access to a business, or have been asked to produce identification or certification for your service dog in Florida, or elsewhere in the United States, you can file a complaint with the U.S. Department of Justice. Click here to read how.
Education about the laws protecting their assistance dogs in Florida is important for people who have one. It’s equally important for the general public to become aware of how to comply with the when interacting with a service dog team. Do your part to become an ADA knowledgeable citizen.
