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Soft Paws: Service dogs versus emotional support animals

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By Charlene Marchand

For Capital Region Independent Media

Not only do we save dogs, but as Lucy could tell you, we board dogs we’ve adopted out into their forever families! Pictured, Lucy is lapping up the life of lunchtime breaks with the CGHS staff – we want every encounter to feel like our shelter is a home away from home! In the meantime, wonder if we could get her on the payroll? Contributed photo

We are so grateful for the selfless acts of giving on behalf of our companion animals at the Columbia-Greene Humane Society/SPCA. Our animal-loving supporters outdid themselves with their generosity to us over this blessed holiday season. We are humbled by it, and most appreciative.

To say that calls to my desk are numerous regarding the access of working service animals versus “emotional support animals” and various certified Therapy Dogs confirms the frustration of many business owners and facilities who are in uncharted waters, and feel they are being sold “a bill of goods” in a number of situations.

I fielded three calls last week alone asking if I could train a canine pet to be a “service dog” so the owners could take them into stores or sports venues and the like. In all of those cases, these owners were educated, subsequently disappointed with my correct information, and decided that training would not get them what they wanted.

Let’s quote from the US Department of Justice on the definition of a service animal:

Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person’s disability. The dog must be trained to take a specific action when needed to assist the person with a disability. For example, a person with diabetes may have a dog that is trained to alert him when his blood sugar reaches high or low levels. A person with depression may have a dog that is trained to remind her to take her medication. Or a person who has epilepsy may have a dog that is trained to detect the onset of a seizure and then help the person remain safe during the seizure.

Emotional support, therapy, comfort, or companion animals are NOT considered service animals under the ADA. These terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA. However, some state or local governments have laws that allow people to take emotional support animals into public places. You may check with your state and local government agencies to find out about these laws.

The ADA makes a distinction between psychiatric service animals and emotional support animals. If the dog has been trained to sense that an anxiety attack is about to happen and take a specific action to help avoid the attack or lessen its impact, that would qualify as a service animal. However, if the dog’s mere presence provides comfort, that would not be considered a service animal under the ADA.

People with disabilities have the right to train the dog themselves and are not required to use a professional service dog training program.

Under the ADA, the dog must already be trained before it can be taken into public places. However, some state or local laws cover animals that are still in training.

Feel free to call us with any questions at 518-828-6044 or visit our website at www.cghs.org. Our food bank is open to any from the public in need of pet food or for those wishing to donate food from 11:30 a.m. to 4 p.m. daily. Spay/neuter clinics for cats are $100 male or female, including a rabies vaccination and a 5-in-1 feline distemper combination vaccination. Nail clipping services are available every Saturday from 10-11 a.m. at the shelter for a donation of $10 for cats and $15 for dogs (currently prepaid only).

Charlene Marchand is the chairperson of the Columbia-Greene Humane Society/SPCA Board of Directors. She may be contacted at cghsaaron@gmail.com.

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