Wednesday, 6 April 2011

Assistance Dog Training

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assistance dog training
question about service dog admittance?

i'm training an assistance dog with an organization. i have to take a dog into public with me to get it used to the situations. however, i was wondering, my sister rents her house & it is pet free. can i take it into her house? it is fine with her but i was wondering if the landlord would allow this since it isn't a public place. i posted a couple links to the laws for nebraska (where i live) regarding trainers. since i'm not covered by the ADA i'm not sure about this.

http://nebraskalegislature.gov/laws/statutes.php?statute=s2001029000

http://nebraskalegislature.gov/laws/statutes.php?statute=s2001027000


Doesn't look like it to me. NE grants trainer's rights to bona fide trainers of service animals. That's not what a puppy raiser is. Your program should be giving your guidance on what your rights are as a puppy raiser.

Even if you were a bona fide trainer, I still don't think it would apply in this situation because the person with the rights is your sister. And under the ADA she has a right to entertain her disabled friends and relatives, even if they use a service animal. So under the ADA, SHE would be the one being discriminated against, not you. And she's not being discriminated against because you are able to visit her without your puppy because you aren't disabled.

When a state law is silent on a certain situation, typically the courts would look for a parallel federal law, such as the ADA. Since NE law appears to be silent on the issue of discrimination in housing, it is reasonable to expect a judge to apply the way it works under the ADA.

So ask the landlord for permission.

---edit---

Correcting errors:

The ADA does not apply to puppies in training or to trainers of service dogs. It applies only to qualified people with disabilities.

The ADA does not give a person the right to take their dog absolutely everywhere, there are always exceptions, such certain rooms in hospitals where infection precautions are in place, clean rooms for the manufacture of electronics, and commercial kitchens.

Claiming it as a service dog (as opposed to a SDIT) when it is not is a criminal offense in many states and can result in fines and or jail time if discovered.

And finally, state laws are not automatically superseded by federal laws. Sometimes the state law gives greater rights to the person with a disability. The ADA specifically states that when it gives different protections than state law, then whichever gives the person with a disability greater protection prevails. This is an important distinction because of trainer's rights which are not granted under the ADA; only under state laws.

There are scads of misinformation out there, particularly on a forum like this one where anyone can jump in and offer an opinion as if it is fact. So check with your program. They should know the laws and regulations in their area. They should have an attorney on retainer to advise them. That's the smart way to go.

Besides, what landlord is going to refuse something this simple if asked politely?


Loke doing therapy / assistance dog stuff. Clicker training









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