Dogs get a lot of attention here in our Slidell business law office; we have written about service dogs for Louisiana Association For Justice magazine twice. While dogs are wonderful pets they also make great working companions in many different industries.
Join Tubbs Sheppard-Stone, as told by her mom, as she takes you on a journey through some of the different working dogs across the world and right here in Louisiana. .
Welp, according to the American Kennel Club, working dogs are dogs that have been bred "to perform such jobs as guarding property, pulling sleds and performing water rescues." They are grouped into the "Working Group" of dogs at dog shows (other groups include "Toy Group", "Herding Group", "Hound Group", etc) and known for their intelligence and size. Under the AKC, these specific breeds are included in the Working Group:
But we know that there are more dogs than what the AKC considers on their list that are "working dogs". You know- the dogs who join their handlers and masters at work, on site, or help them in their daily life.
These dogs are specifically trained to perform tasks for an individual with a disability. A disability can be documented or perceived. Meaning if someone thinks another person has a disability or limitation, then under this definition, they have a disability. The task(s) performed by the dog must be directly related to the person's disability.” Examples of tasks: guiding a blind individual, stopping self-harm behavior of the handler, alerting when it is time for medication, pressing elevator buttons, blocking, and deep pressure when a handler is going to dissociate. These dogs can be medical alert or psychiatric service dogs.
A service dog is not a pet. While they show affection to their handler, they are not your typical pooch. This animal is dedicated to its handler and must be harnessed, leashed, or otherwise in control of their handler (unless a harness or leash would affect its ability to perform its task). It should not be distracted by people, food, noises or animals while working. Others should not pet or attempt to pet the dog while it is working. You may see the dog with a vest on that reads “Service”. Note: registration, clear labeling of a service dog, or identification cards are not required under federal law.
These dogs and their handlers are protected under the Americans with Disabilities Act (ADA),Title II and III. In Louisiana, “White Cane Laws” further define and protect the animal. Under LSA-R.S. 46:1952(1), a service dog is defined as “a dog who has been trained or is being trained to do work or perform a task for a person with a disability.” This covers dogs who are actively being trained to perform a task by Service trainers. Specifically, the White Cane Law names the following as service dogs: hearing, guide, seizure alert, mobility, autism service dog, “a dog providing assistance during a medical crisis”, and “a service dog providing assistance to persons, including veterans with traumatic brain injury or post-traumatic stress disorder.”
Service dogs are allowed in all public spaces, businesses, and airplanes in accordance with Air Carrier Access Act. There are some nuances and caveats but for the most part assume this dog is allowed anywhere, anytime. You can learn what you can and can't ask or when you can ask the handler to remove the dog here.
A therapy dog is also trained but unlike a service animal, it is not trained to do a task for a particular person. Instead this dog is trained to provide affection to people in general. These dogs provide “comfort” to those in places like hospitals, hospice, nursing homes, schools, disaster relief shelters, or workplaces. Studies have shown the presence of a dog can lower heart rate, blood pressure, and reduce anxiety.
Like the other classification of dogs, therapy dogs are not required to be registered with a national network. However, organizations like hospitals and the like likely have internal policies requesting it to protect themselves from liability. These dogs should have docile temperaments as well and be controlled. Most organizations who provide therapy dog training require the dog to not jump on others or “paw”. Why? Most places these dogs are brought have individuals in a precarious state; if a dog scratches someone in the hospital, then it could lead to infection or blood loss if they are anemic. If the dog jumps on someone recently suffering from abuse or who has PTSD then it can trigger a flashback or more emotional trauma.
There are no legal protections for therapy dogs whatsoever as they are a pet.
Emotional support dogs provide “comfort” to one person: their owner. Emotional support animals have been known to assist disabled individuals with severe depression, generalized anxiety disorder, post-traumatic stress disorder, and other emotional and psychiatric disabilities. A mental health diagnosis is typically difficult to spot by the naked or untrained eye.
While an emotional support dog does not have as many protections as a service dog has, it does have some as it pertains to housing so long as the individual has a disability necessitating the dog’s affection. When it comes to housing then the person may request a reasonable accommodation.
The Fair Housing Act recognizes that an emotional support animal is a type of assistance animal that is recognized as a "reasonable accommodation" for a person with a disability. U.S. Department of Housing and Urban Development who investigates housing discrimination claims and oversees the FHA has determined this classification is not a pet. There is a caveat: the person must provide documentation from their physician or counselor denoting the disability but only if it is not readily apparent. The housing association or landlord cannot ask for unlimited access to the individual’s medical records or medical history.
Just like training certifications, beware of online companies that note you can “buy” an ESA letter. The letter must come from your current treating physician.
This is a special category of dog here in Louisiana that is provided legal protection under LSA-R.S. §15:284. This recent 2018 law allows criminal witnesses under 18 or those of any age with a developmental disability to have a facility dog with him/her when testifying. The standard for training in this regard is that the dog be certified and a graduate of an assistance dog organization that is accredited by Assistance Dogs International or a similar internationally recognized organization whose main purpose is to grant accreditation to assistance dog organizations based on standards of excellence in all areas of assistance dog acquisition, training, and placement.
The court can extend this accommodation to witnesses who don’t meet this criterion on a case by case basis. A party seeking the use of a facility dog must file a notice with the court that includes the certification of the dog, the name of the person or entity who certified the dog, and evidence that the dog is insured.
Need help navigating working dog laws in Louisiana? Want to get started with a paid consultation with Amber & Tubbs? You can shoot us an email to start a conversation or reach out to our Assistant Brielle via phone or text at 985-265-7069 to schedule or get pricing information.
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