A family has been visiting recently with their dog. Although the owner claimed it was a service animal, the dog was clearly untrained and occasionally disruptive. This prompted us to do some research into the rights of owners who claim their pet is a “service animal” and the rights of those that oversee the public places they visit. What we found is not as clear-cut as you might think.
How do we know when an animal is a service animal?
Under the Americans with Disabilities Act, “in situations where it is not obvious that the dog is a service animal, staff may ask only two specific questions: (1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform? Staff are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person’s disability.”*
In other words, if the owner claims the animal is a service animal we have to take their word for it.
When can we ask an animal to leave the library?
We can ask that an owner remove their animal from the library if it is not under control or is not house broken:
The service animal must be harnessed, leashed, or tethered while in public places unless these devices interfere with the service animal’s work or the person’s disability prevents use of these devices.
If a particular service animal is out of control and the handler does not take effective action to control it, or if it is not housebroken, that animal may be [asked to leave]…Under control…means that a service animal should not be allowed to bark repeatedly in a lecture hall, theater, library, or other quiet place. However, if a dog barks just once, or barks because someone has provoked it, this would not mean that the dog is out of control.*
How to respond when an animal visits the library.
Many of us have seen the woman who rolls her chihuahua around the library in a cooler. In cases like this, where the animal is being contained and is not being disruptive to other patrons, there’s no need to question the owner on the service-status of their pet. If the animal is being disruptive–running off leash, for example, barking, or jumping:
- Ask the patron if their animal is a service animal (get a supervisor to do this if you feel uncomfortable approaching the patron).
- If the patron says no, explain that our policy is that only animals assisting those with disabilities are allowed in the library
- If the patron says yes, explain that while service animals are allowed in the library, they need to be on-leash and that their behavior shouldn’t be disruptive to other patrons.
- If the animal’s behavior continues, you or a supervisor may need to ask that the patron remove the animal from the library.
These are tricky situations to handle. Again, it’s okay if you’d rather a supervisor respond. If your supervisor is not working at the time and you need guidance, call Molly or myself.