Service Animals and Public Transportation

There are regulations on allowing service animals for people with disabilities on everything from city buses, taxis and all other kinds of public transportation. We're tired of seeing people who have service animals being interrogated about if they have a service animal and why. This is ridiculous. For some reason, some people think only blind people have a need for these animals. This of course isn't true, many people with many kinds of disabilities may have them too. Some examples are service animals which provide protection for someone who has seizures or helps pull a wheelchair along. There are service animals that are trained to bring items to a person. Service animals do not have to be dogs either. There are dogs, chimpanzees and even service miniature ponies and all have the right to go into businesses and ride with the person on public transportation, including taxis. Allergic to animal fur or afraid of animals? Sorry but the person with a disability still has a right to bring their service animal inside your building - don't go near the animal if you're allergic or roll a window down if it's a taxi. Please remember, service animals performs an important function and allows people with disabilities the independence that YOU have without one. You can't deny them simply because of inconvenience.

CDTA wrote a public code of conduct. It's at the link below at their website. We've told them for over a year now that the part on service animals and bus service is incorrect and violates Federal ADA regulations.

1. The Code states that a trainer must provide certification or a training certificate.

2. The Code states that a customer must carry a "service animal license" and have their animal on a harness.

No - A service animal does not have to be on a harness. Also, customers may train their own service animal. It does not have to be trained by "a professional trainer".

No - The animal does not need a license. This is stated by Federal law and it states that one may not be required of the person.

We've fought this for a year with CDTA. We reported them to the Office of Civil Rights when a customer was harassed because of this rule. Their lawyer told the Office of Civil Rights they would correct this. It's 4 months later and it's still not corrected. So, we're going to advertise it here.

No person with a disability in the entire USA, needs a license for a service animal according to Federal laws. Even if your state or local laws say you need a license, you don't. Even if your transit agency is stubborn as all get out and refuses to change a simple rule. Federal law wins hands down over State and local laws. This includes CDTA's policies too.

Just in case someone thinks I'm mistaken, this has been researched with Easter Seals Project Action, several Independent Living Centers, and the Office of Civil Rights in Washington, DC. (Something CDTA could have done to begin with. The Office of Civil Rights would have been more than happy to provide guidance on a policy of this nature.)

I'm cut and pasting an email from David Knight at the Office of Civil Rights as a response on this subject:

Q: How can I tell if an animal is really a service animal and not just a pet?

A: Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability. However, an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability. Therefore, such documentation generally may not be required as a condition for providing service to an individual accompanied by a service animal. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability.

David Knight, Esq.

ADA Team Leader

Office of Civil Rights

Federal Transit Administration

U.S. Department of Transportation

More information is available at our website:

http://www.fta.dot.gov/ada

This e-mail is intended to serve as informal guidance only, and does not constitute the official opinion of the Federal Transit Administration or the US Department of Transportation.

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