Service animal confusion causes conflicts

SANDPOINT — Confusion over the privileges of service animals is causing conflicts between business owners and people with disabilities.

According to a pair of individuals who rely on service dogs for medical issues, they ran into trouble recently when attempting to enter businesses along with their animals. While the individuals did not wish to be identified, Sandpoint Police Chief Corey Coon said the department interceded in one case to resolve the situation.

“We did have one complaint that came in, but it didn’t take long to sort it out,” he said.

The conflicts usually arise from a lack of clarity regarding the special rights of service animals compared to family pets, Coon said. While business owners have full authority to keep pets out of their establishments, the rules are much different regarding service animals.

In this case, the guiding rules fall under the Americans with Disabilities Act. The federal law overrides state laws or local ordinances. Service animals are the exception to the rule even in cases of health codes prohibiting animals from restaurants, according to the U.S. Department of Justice.

“They’re basically allowed to go anywhere the owner goes,” Coon said.

Under the ADA, service animals are allowed anywhere that serves the public generally. That includes state and local government buildings, businesses, schools and nonprofit organizations. A service animal must be trained to address a specific need, but requesting proof of certification or the owner’s disability is not allowed per ADA regulations. However, it’s a smart idea for the owner to display the animal’s credentials or dress it in a special vest and collar to avoid confusion.

Business owners are allowed certain conditions to clarify the circumstances or avoid a bad situation, according to the U.S. Department of Justice. Staff members may ask two specific questions: is the animal required because of disability, and what work has it been trained to perform? They can also request the service animal be removed from the premises if it is out of control or if it isn’t housebroken.

However, those are the only two scenarios when a service animal can be justifiably removed. Even situations regarding allergies or a fear of dogs don’t apply — in those cases, staff members or administrators should try to keep the conflicting individuals in separate locations.

Another popular misconception is that special privileges apply only to seeing eye dogs. In fact, ADA regulations apply to all service animals, including those who alert the deaf, pull a wheelchair or assist with seizures, PTSD or mental illness.

Under Idaho law, interfering with service animals is a misdemeanor offense. However, when conflicts arise, Coon recommends alerting the authorities to resolve the situation without incident.

“If there’s ever any question, they can always give us a call,” he said.