# breed restrictions?



## maxtmill (Dec 28, 2010)

Hola! I recently retired and moved to Costa Rica.I have been happy to discover that, although taxis do not allow animals/pets, they have recognized and accepted my toy breed service dog. I carry a copy of my MD documentation with me. My service animal is quite old, and when she passes away, my next service animal will definitely be a Geman Shepherd Dog. My two questions for the folks on the forum are first- the airline asked me when I flew here if my service animal was under 20 pounds. If my next animal is an 85# GSD, does this matter, except for where to seat me? Second question - in the States, should I move back, do a particular town's breed restrictions apply to a service animal? Some landlords may be reluctant to rent to a GSD owner, but I believe they cannot refuse a service animal, regardless of breed. I need to know, before putting thousands of dollars into having another animal trained! Thanks!


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## yuriy (Dec 23, 2012)

All of this will vary drastically not only from state to state, but from county to county, so broad-scope answers will be utterly useless until you know exactly where you want to move to. 

Generally speaking, service animals, regardless of breed or size, get special exemptions from regular animal restrictions. That said, do not expect free reign just because you have a service animal - especially in the "landlords not being able to refuse a service animal" department.


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## ILGHAUS (Nov 25, 2002)

If you have a question on rentals in the U.S. also look to HUD for Regulatory Law pertaining to landlords. Remember that the ADA deals with Regulatory Law that covers the Civil Rights of a person with a disability.

Most *housing rental issues* are under the Dept. of Housing and Urban Development (HUD), but it is important to know that you must first determine if the house or rental unit that you are looking at is indeed under HUD. 
While the DOJ only considers dog's that are *trained* to mitigate (tasks and work) for their disabled handlers to fit in their Regulations, HUD uses a broader range of animals (including other domestic animals) to fit into theirs.

Another important point that may cause confusion is that while the DOJ only allows two questions to be asked by a business in Public Access, HUD allows a landlord to go into more depth when reviewing a *Request for Resonable Accommodation*. If a person's disability is not readily apparent a landlord may request a letter or form signed by the medical provider who is treating the owner in which it is stated that the dog (or other animal) is providing some type of service to the owner's disability.

HUD's position is "that animals necessary as a reasonable accommodation do not necessarily need to have specialized training. Some animals perform tasks that require training, and other provide assistance that does not require training."

The DOJ and HUD did make a joint statement which states that they are jointly responsible for enforcing the federal Fair Housing Act. This statement "prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability."
See 
JOINT STATEMENT OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE DEPARTMENT OF JUSTICE 
REASONABLE ACCOMMODATIONS UNDER THE FAIR HOUSING ACT
MAY 17, 2004

*****
In a *Request for Reasonable Accommodation*, a dog can be excluded based on breed or type of dog if the landlord can show that by accepting this particular dog it would be an undue burden in regards to insurance purposes. In other words that their insurance would greatly increase or that it would in fact be dropped. 

See -->
Memorandum for: FHEO Regional Directors
From: Bryan Greene, Deputy Assistant Secretary for Enforcement and Programs, ED
Subject: Insurance Policy Restrictions as a Defense for Refusals to Make a Reasonable Accommodation

According to the Joint Statement on Reasonable Accommodations, an accommodation is unreasonable if it imposes an undue financial and administrative burden on a housing provider's operations. If a housing provider's insurance carrier would cancel, substantially increase the costs of the insurance policy, or adversely change the policy terms because of the presence of a certain breed of dog or a certain animal, HUD will find that this imposes an undue financial and administrative burden on the housing provider. However, the investigator must substantiate the coverage, by verifying such a claim with the insurance company directly and considering whether comparable insurance, without the restriction, is available in the market. If the investigator finds evidence that an insurance provider has a policy of refusing to insure any housing that has animals, without exception for assistance animals, it may refer that information to the Department of Justice for investigation to determine whereto the insurance provider has violated federal civil rights laws prohibiting discrimination based upon disability. 

Also see --> _(When reading this it is important to note that here the dog must meet the definition of the DOJ for a Service Dog.)_
*FREQUENTLY ASKED QUESTIONS ABOUT SERVICE ANIMALS AND THE ADA*
U.S. Department of Justice
Civil rights Division
Disability Rights Section
July 2015

Under *Breeds*
Q22. Can service animals be any breed of dog?
A. Yes. The ADA does not restrict the type of dog breeds that can be service animals.

Under *Miscellaneous*
Q35. Do apartments, mobile home parks, and other residential properties have to comply with the ADA?
[For this answer the DOJ defers to the HUD _-- and on this point remember HUD has a broader definition for a service animal._]
A. The Fair Housing Act is the Federal law that protects the rights of people with disabilities in residential facilities. For information or to file a complaint, contact the U.S. Department of Housing and Urban Development at 1-800-669-9777.


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## maxtmill (Dec 28, 2010)

Thank you for the in depth information!


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## Neko (Dec 13, 2012)

There are no restrictions on service dogs if they are medically prescribed and you are registered under Americans with disability. Rules maybe changing in few years because so many people are printing fake cards online, but there is actually no card what so ever in the sates for service dogs and you don't have to have one. What you have to have is an actual prescription from a doctor. There are a few things people can legally ask as proof, they are just to scared or don't realize that they can. The airports ask so they can accommodate your seat better. The only rule that owners are responsible for cleaning after service animal and if they are destructive.

Rules do apply to other types of support animals such as Therapy and Emotional Support. I have a prescription for ESA and my dog does not get any privileges, but i have stayed at friendly pet hotels where they have declined to charge me a pet fee. i did mention it was not a service animal and presented the document, but they still wanted to be nice.


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## ILGHAUS (Nov 25, 2002)

> There are no restrictions on service dogs if they are medically prescribed and you are registered under Americans with disability.


!) Service Dog handlers are not legally required to have any documentation from their doctors in order to own and work a SD. There are limited times that a handler would need some documentation and that would be

Flying with a PSD. A PSD is the only type of Service Dog that requires paperwork sent in 48 hours before flight.
When the handler is applying for an Accommodation through their HR dept. to take their SD to their job.
If the handler is trying to rent from a landlord in no-pet housing in some circumstances.
If the handler for one reason or another goes in front of a judge, then there may a request to have such documentation.

The ADA is a Civil Rights Law. Various Fed. Agencies were mandated by Congress to oversee different sections / Titles of the ADA. The Department of Justice is over Title II and Title III. The DOJ does not recognize any registration of a SD. 

*Frequently Asked Questions About Service Dogs and The ADA*
_U.S. Department of Justice
Civil Rights Division
Disability Rights Section
July 2015_

CERTIFICATION AND REGISTRATION

Q17. Does the ADA require that service animals be certified as service animals?

A. No. Covered entities may not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal , as a condition for entry.

There are individuals and organizations that sell service animal certification or registration documents online. These documents do not convey any rights under the ADA and the Department of Justice does not recognize them as proof that the dog is a service animal. 

Q20. My city requires me to register my dog as a service animal. Is this legal under the ADA?

A. No. Mandatory registration of service animals is not permissible under the ADA. However, as stated above, service animals are subject to the same licensing and vaccination rules that are applied to all dogs.


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## Liulfr (Nov 10, 2015)

ILGHAUS said:


> !) Service Dog handlers are not legally required to have any documentation from their doctors in order to own and work a SD. There are limited times that a handler would need some documentation and that would be
> 
> Flying with a PSD. A PSD is the only type of Service Dog that requires paperwork sent in 48 hours before flight.
> When the handler is applying for an Accommodation through their HR dept. to take their SD to their job.
> ...



I'm very confused by this. How would one be "entitled" to a Service Dog unless a doctor said it was necessary??


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## Neko (Dec 13, 2012)

ILGHAUS said:


> !) Service Dog handlers are not legally required to have any documentation from their doctors in order to own and work a SD. There are limited times that a handler would need some documentation and that would be
> 
> Flying with a PSD. A PSD is the only type of Service Dog that requires paperwork sent in 48 hours before flight.
> When the handler is applying for an Accommodation through their HR dept. to take their SD to their job.
> ...


Correct, nothing legally required, there are no registrations or cards, you do not have to carry documents with you. But if you are approached, questioned by law, something happens legally and you do not have proof, and your dog was not trained to do work for a disability, it's a federal crime to have a service dog that you named a service dog on your own. Service dogs can be covered by insurance and tax deductible so that's where lots of legal issues can come in as fraud. I talked to my doctor and she seen lawsuit regarding fake service animals, had to testify that there was no knowledge of disability. Sad thing to happen, but it does. Just so many fakes, it's so sad. So many untrained and wild dogs making people with real disabilities look bad. I see people carry a Yorkie in their purse with a vest. Really? maybe it's an ESA so has no privileges to be in the store, but what service can that tea cup Yorkie provide? sad  

Some states also have laws on top of ADA as mentioned here:

Commonly Asked Questions About Service Animals in Places of Business

and 

Americans with Disabilities Act Questions and Answers: Service Animals

Q37. Do commercial airlines have to comply with the ADA?
A. No. The Air Carrier Access Act is the Federal law that protects the rights of people with disabilities in air travel. For information or to file a complaint, contact the U.S. Department of Transportation, Aviation Consumer Protection Division, at 202-366-2220.

"In Florida, Governor Rick Scott signed a bill into law this month making it a misdemeanor to pass off an unqualified pet as a service animal."


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## Neko (Dec 13, 2012)

Liulfr said:


> I'm very confused by this. How would one be "entitled" to a Service Dog unless a doctor said it was necessary??


People fake it. Most real service animals are recommended by a doctor. Support animals are not the same and do not have rights to "go everywhere" with the owner. They do not perform a task.


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## ILGHAUS (Nov 25, 2002)

> it's a federal crime to have a service dog that you named a service dog on your own.



This is not correct. 

First, *the ADA is a Federal Civil Rights Law.* Under the section dealing with Persons with Disabilities it states the rights of those individuals. Since it is a Civil Rights Law, not a law under a Criminal section, there are no punitive decrees given.

Criminal notice and punitive actions are under *State Statutes*. As of this date not all states have addressed such. 

Secondly, *the Dept. of Justice recognizes owner trainers* and those OTs decide when their dog meets the requirements set out by the definition give by the Dept.

The bolding in the following quote was put in by myself to highlight points.
Federal Register 
Published September 15, 2010
Effective Date March 15, 2011
Signed by Attorney General Eric Holder 
July 23, 2010

Final regulations 

Revised definition of “service animal.” 

“Service animal means *any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability*, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. *The work or tasks performed by a service animal must be directly related to the handler´s disability*. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.”


Also quotes from the following document,

SERVICE ANIMALS PER THE DEPARTMENT OF JUSTICE 
AMERICANS WITH DISABILITIES ACT TITLE II PRIMER
U.S. Department of Justice
Civil Rights Division
Disability Rights Section
June 8, 2015

The ADA does not require service animals to be certified, licensed, or registered as a service animal. Nor are they required to wear service animal vests or patches, or to use a specific type of harness. ... *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.* ...

Elsewhere there are requirements that are in place for pet dogs that must also be met by a working SD such as required vaccinations.

The above documents state what a SD must do by training. *Once those requirements are meet an OT who trained completely on their own or with help of a professional trainer may claim their animal is a SD. *


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## ILGHAUS (Nov 25, 2002)

> Most real service animals are recommended by a doctor.


In speaking with hundreds, if not thousands of SD handlers, through this forum and others, including my advocacy work (volunteer) for years, I find it is relatively rare for a doctor to suggest that an individual get a SD -- though it does happen. In my opinion and experience, it is more often the handler who has approached their medical care giver to ask for a letter or a notation made on their files that the doctor (or other medical professional) is for the decision to make use of such a dog. 

The Dept. of Justice does not require medical documentation for the use of a SD.


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## Liulfr (Nov 10, 2015)

ILGHAUS said:


> In speaking with hundreds, if not thousands of SD handlers, through this forum and others, including my advocacy work (volunteer) for years, I find it is relatively rare for a doctor to suggest that an individual get a SD -- though it does happen. In my opinion and experience, it is more often the handler who has approached their medical care giver to ask for a letter or a notation made on their files that the doctor (or other medical professional) is for the decision to make use of such a dog.
> 
> The Dept. of Justice does not require medical documentation for the use of a SD.


So the only time you need a doctor's letter on file is for housing and flying, basically? I had two separate doctors suggest a Service Dog for me. I have a general letter stating I need one, and a separate letter just for my new landlord. Is that all the documentation I should ever need? (Other than training logs and such if any question of task training arises.)


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## ILGHAUS (Nov 25, 2002)

For a SD --
Basically for flying *only if your SD is a PSD*, renting, employment and more rarely for a legal matter. 
~ SDs for mobility, guide work and the like legally do not require a doctor's note in order for their handler to take them on a commercial flight. This came about mostly because of the huge number of people claiming their dog was a PSD when in fact it was just a pet.

An Emotional Support Animal (ESA) you need a doctor's letter on office letterhead no older than 1 year as the only time the term ESA comes into the picture is for flying or renting. 

If possible, I recommend everyone with a SD to get a document of some sort from their doctor if possible. Some doctor's will charge for this while others do not. Any documentation such as this should be kept with the dog's other paperwork either in a file or a binder of some type.


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## Neko (Dec 13, 2012)

I really hope that posts like this don't encourage people to call their animals service dogs to add to the growing problem. :/


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## ILGHAUS (Nov 25, 2002)

Neko said:


> I really hope that posts like this don't encourage people to call their animals service dogs to add to the growing problem. :/


If this was addressed to me ... I post the truth on issues of the law if it is something that we like to see or not. Things I don't like I try to help bring to the attention of others including people in the SD community and with those politicians who are in position to make changes in the laws. 

I do not post items that will cloud the issue for those who wish to use their right to owner train by tossing out extra steps (or hoops) that they may not need to go through to train their own dog vrs. going through a Program. But I do also let them know that it is not all roses and unicorns raising and training a dog that has the correct temperament and work ethic to be used out in the community. 

I would rather someone take the $50 - $75 dollars that I have heard that many doctors charge to have a possibly unnecessary letter typed up by a staff member for the doctor's signature and apply it toward another training session with a professional trainer if needed. I don't want someone spending any amount of money on worthless garbage -- IDs, certificates, registration numbers to a listing that doesn't exist except in some individual's computer. 

Those people out there who are going to cheat and lie to abuse a system that was set in place to assist those in need of help to enable them to work to support themselves, to help them get around so that they can go to doctor's appointment, pick up their groceries or have pleasures in life by joining clubs, extending their education, joining a church or visiting friends and family are scum. As such, they will find a way to get around legal criteria one way or another. 

By putting out incorrect information on the internet is not going to lessen the intent to deceive by those who have no social ethics or caring for the rights of individuals with a disability to live a more normal life. It will only possibly be one more hurdle to place in the way of those who need some assistance in life and who care to follow the law.


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## Neko (Dec 13, 2012)

ILGHAUS said:


> If this was addressed to me ... I post the truth on issues of the law if it is something that we like to see or not. Things I don't like I try to help bring to the attention of others including people in the SD community and with those politicians who are in position to make changes in the laws.
> 
> I do not post items that will cloud the issue for those who wish to use their right to owner train by tossing out extra steps (or hoops) that they may not need to go through to train their own dog vrs. going through a Program. But I do also let them know that it is not all roses and unicorns raising and training a dog that has the correct temperament and work ethic to be used out in the community.
> 
> ...


It's good to know the real info. ABC/NBC/CNN have several stories posted on this under "fake service dogs, groeing problem" and they all have it listed as "it's a federal crime". The club I was at also did service dog training and they had similar rules posted. The document I have for my dog from the doc, also says it required. So maybe the miss information is on purpose to scare people from doing the wrong thing? I don't know. Just seems weird I had to jump hoops with my real ESA when others put a vest on their dogs and walk through the doors.


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## maxtmill (Dec 28, 2010)

My MD did provide documentation as well as a legitimate medical diagnosis for me to fly with my little service dog, as required by Delta airlines. I have taken her with me many places without any problem, but it is best if you fly with an emotional support/PTSD animal or Therapy animal to check with your specific airline. I flew out of the country, so of course, my destination had their own specific requirements. My service dog is very old, and my next one will be a GSD, which may make a difference with flying and seeking a rental apartment!


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## ILGHAUS (Nov 25, 2002)

*Therapy dogs are not a type of service dog.* Therapy animal handlers (in the U.S.) do not have any additional rights to have their animals fly on a commercial airline or to have an exemption in rentals. Under U.S. law *therapy animals are classified as pets. *


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## Neko (Dec 13, 2012)

maxtmill said:


> My MD did provide documentation as well as a legitimate medical diagnosis for me to fly with my little service dog, as required by Delta airlines. I have taken her with me many places without any problem, but it is best if you fly with an emotional support/PTSD animal or Therapy animal to check with your specific airline. I flew out of the country, so of course, my destination had their own specific requirements. My service dog is very old, and my next one will be a GSD, which may make a difference with flying and seeking a rental apartment!


Does your dog perform a specific task? if so, it's a service animal and the rest does not matter. If its a supportive diagnosis and the animal is there to help with stress/anxiety/separation etc, than restrictions do apply as it is not a service dog it's a support animal.


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## ILGHAUS (Nov 25, 2002)

Whatever terms an individual or a group use, the law is simple and direct on this point.

28 CFR Part 36 - Public Accommodations / Commercial Facilities
_[Federal Register: September 15, 2010 (Volume 75, Number 178)]
[Rules and Regulations] [Page 56236-56358]_
DEPARTMENT OF JUSTICE
_28 CFR Part 36
[CRT Docket No. 106; AG Order No. 3181-2010]
RIN 1190-AA44_


*Nondiscrimination on the Basis of Disability by Public 
Accommodations and in Commercial Facilities*

AGENCY: Department of Justice, Civil Rights Division.

ACTION: Final rule.

Effective Date: March 15, 2011. 

***** ***** ***** *****

From 
_[Federal Register Volume 76, Number 48 (Friday, March 11, 2011)]
[Rules and Regulations]
[Pages 13286-13288]
[FR Doc No: 2011-5581]

DEPARTMENT OF JUSTICE
28 CFR Part 36
[CRT Docket No. 106; AG Order No. 3181-2010]
RIN 1190-AA44_

*Nondiscrimination on the Basis of Disability by Public 
Accommodations and in Commercial Facilities; Corrections*

AGENCY: Department of Justice, Civil Rights Division.

ACTION: Final rule; correction.

Dated: March 7, 2011.
_Rosemary Hart,
Special Counsel.
[FR Doc. 2011-5581 Filed 3-10-11; 8:45 am]
BILLING CODE 4410-13-P_

*"A pet or support animal may be able to discern that the individual is in
distress, but it is what the animal is trained to do in response to this
awareness that distinguishes a service animal from an observant pet or
support animal."


"Tasks performed by psychiatric service animals may include 
reminding individuals to take medicine, providing safety checks or room 
searches for individuals with PTSD, interrupting self-mutilation, and 
removing disoriented individuals from dangerous situations."


" ... the work or tasks performed by the service animal must be related
directly to the individual's disability ..."*


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## middleofnowhere (Dec 20, 2000)

Clarification for folks in general: This is a "should you move back to the states" info. Currently, the OP is in Costa Rica - the laws we are discussing are U.S. laws and regulations. They will not apply in other jurisdictions.


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## maxtmill (Dec 28, 2010)

Neko said:


> Does your dog perform a specific task? if so, it's a service animal and the rest does not matter. If its a supportive diagnosis and the animal is there to help with stress/anxiety/separation etc, than restrictions do apply as it is not a service dog it's a support animal.


No, my dog does not perform any specific tasks for me, and my medical diagnosis is more of a psychiatric issue (stress/anxiety, especially in crowded places). So, technically, I believe she would be listed as an emotional support dog, since she does not perfom a physical task for me. Locally, where I lived the past 10 years, all the local businesses allowed her to be with me without question. When I was preparing to fly on Delta, that is when very specific requirements entered in. I was in no way trying to deceive anyone or anything - this was the first time I ever flew out of the country with her. Delta airlines was satisfied with the diagnosis of "anxiety." It looks like I will have to educate myself on the actual prerequisites for a therapy dog versus emotional support dog! Thank you for all the info!


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## MythicMut (May 22, 2015)

maxtmill said:


> No, my dog does not perform any specific tasks for me, and my medical diagnosis is more of a psychiatric issue (stress/anxiety, especially in crowded places). So, technically, I believe she would be listed as an emotional support dog, since she does not perfom a physical task for me. Locally, where I lived the past 10 years, all the local businesses allowed her to be with me without question. When I was preparing to fly on Delta, that is when very specific requirements entered in. I was in no way trying to deceive anyone or anything - this was the first time I ever flew out of the country with her. Delta airlines was satisfied with the diagnosis of "anxiety." It looks like I will have to educate myself on the actual prerequisites for a therapy dog versus emotional support dog! Thank you for all the info!


I was following a discussion on another site regarding service dogs about a month ago (even though I don't have one). The ADA seems to be refining it's definition. You should keep an eye on what they do as the rules can change. 

Emotional support, therapy, comfort, or companion animals are not considered service animals under the DOJ/ADA but a distinction is also made between "psychiatric service animals and emotional support animals". See this link: http://www.ada.gov/regs2010/service_animal_qa.h. Additionally, states might have their own set of rules as long as they don't conflict with the DOJ/ADA. I apologize in advance if someone else has already provided this link.


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## ILGHAUS (Nov 25, 2002)

> The ADA seems to be refining it's definition. You should keep an eye on what they do as the rules can change.


The ADA is not currently having any changes. The last document (Qs & As) was released last summer. It was not of any changes but of clarifications. The original ADA was in 1990 the updated ADA was originally signed by President Bush before he left office, then reviewed and signed by President Obama. So between the signing of the ADA of 1990 and the update was approx. 25 years. 

The ADA is a law and not an organization. And as can be seen by the only update so far -- it does not happen often.


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## ILGHAUS (Nov 25, 2002)

> It looks like I will have to educate myself on the actual prerequisites for a therapy dog versus emotional support dog! Thank you for all the info!


When learning the differences it is also very important to realize that there is a vast legal difference between:
Service Dogs
Emotional Support Dogs
Therapy Dogs and other pet dogs.


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## Liulfr (Nov 10, 2015)

MythicMut said:


> I was following a discussion on another site regarding service dogs about a month ago (even though I don't have one). The ADA seems to be refining it's definition. You should keep an eye on what they do as the rules can change.


Is this what you're thinking of?

https://www.federalregister.gov/art...travel-consideration-of-negotiated-rulemaking


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## ILGHAUS (Nov 25, 2002)

Nondiscrimination on the Basis of Disability in Air Travel; Consideration of Negotiated Rulemaking Process
_The cut off date listed was January 6, but it has been pushed back now to Jan 21._
**********
Dealing with Service Animals ...
Quote: 

Determine the appropriate definition of a service animal;

Establish safeguards to reduce the likelihood that passengers wishing to travel with their pets will be able to falsely claim that their pets are service animals;

**********
Remember the most common definition that must of us know best and is most often cited is the one given by the Department of Justice for Title II and Title III of the Americans with Disabilities Act (ADA). The Airline Industry has had their own definition, but they are looking into making changes in this.

The airlines are under the Department of Transportation's Regulatory Law -- Air Carrier Access Act (ACAA). They are having an open period to allow organizations and individuals to weigh in with their opinions on particular topics in the latest update. 

The ACAA was enacted 4 years before the ADA.


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## Neko (Dec 13, 2012)

maxtmill said:


> No, my dog does not perform any specific tasks for me, and my medical diagnosis is more of a psychiatric issue (stress/anxiety, especially in crowded places). So, technically, I believe she would be listed as an emotional support dog, since she does not perfom a physical task for me. Locally, where I lived the past 10 years, all the local businesses allowed her to be with me without question. When I was preparing to fly on Delta, that is when very specific requirements entered in. I was in no way trying to deceive anyone or anything - this was the first time I ever flew out of the country with her. Delta airlines was satisfied with the diagnosis of "anxiety." It looks like I will have to educate myself on the actual prerequisites for a therapy dog versus emotional support dog! Thank you for all the info!


Thats what I have my ESA for. since there is no task, here in the states your dog will be an esa even with prescription. So unfortunately breed restrictions do apply. You are not allowed to use the word "service dog" or so i was told because its a support animal not service animal. My dog does not go anywhere with me. Only businesses that allow any animals. Flying is ok with doctors letter and some hotels don't charge pet fees. The rest is just like a regular pet.


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## MythicMut (May 22, 2015)

ILGHAUS said:


> The ADA is not currently having any changes. The last document (Qs & As) was released last summer. It was not of any changes but of clarifications. The original ADA was in 1990 the updated ADA was originally signed by President Bush before he left office, then reviewed and signed by President Obama. So between the signing of the ADA of 1990 and the update was approx. 25 years.
> 
> The ADA is a law and not an organization. And as can be seen by the only update so far -- it does not happen often.


Apologies for confusing semantics/wording. I realize the ADA is a law. I used to manage the design and construction of public facilities, so am aware of that. I don't know about service dogs but I remember about four/five years ago having to sit down with DOJ liaisons regarding some changes that took place in the ADA that affected jail facilities. Anyway, it would still behoove the OP to keep an eye on it and note the difference between service, psychiatric and emotional support dogs.


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## maxtmill (Dec 28, 2010)

Thank you, Neko and MythicMut! I do not anticipate flying again with my support dog, since she is so extremely old. I am just thankful we arived here without incident, now that I have read all the info you provided.When we fly back to visit family in the States yearly, the dogs will have a dog sitter here in Costa Rica. In the future, however, I do intend to have another emotional support dog to help me, but I will need to be current on how the law will pertain to him as far as flying, housing, access to public places!


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## Neko (Dec 13, 2012)

No problem, you will be ok with housing and flying. But no access to public places with an ESA. Bets of luck.


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## maxtmill (Dec 28, 2010)

Thanks!


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