Rules clarify ‘service animal’ definition but lack legal impact
QUESTION: Is it now the Department of Health’s policy that dogs are allowed in supermarkets for persons with "mental disabilities" or psychological needs? I have seen a Pomeranian in a personal shopping cart, a large dog on a limp leash and a terrier on a 4-foot leash. The owners appeared quite capable of shopping without any canine assistance. I’ve been told that the stores are not allowed to ask about the needs of the shopper or nature of the animal. Are the owners’ alleged disabilities certified? Are the animals trained or otherwise certified? I understand the need for service animals. But this is a slippery slope, with the potential for unsanitary "accidents" or unruly dogs, not to mention, many people are simply allergic or otherwise uncomfortable with dogs in a supermarket.
ANSWER: There is no federal or state requirement that service animals be officially trained or certified. (See archives.starbulletin.com/2006/05/25/news/kokualine.html.)
However, there is concern about people passing off pets as service dogs.
At a recent informal forum with guide and service dog users, "by far the biggest concern is the potential for fraud by individuals misrepresenting themselves as having a legitimate service dog," said Francine Wai, executive director of the state Disability and Communication Access Board.
Last September, in response to "many, many complaints about service animals," the U.S. Justice Department issued new rules that updated and clarified regulations, "though not to the satisfaction of many parties and not in the area regarding certification," Wai said.
She summed up the changes, which take effect March 15:
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» Service animals are defined as dogs only. There is a small exception only for miniature horses.
» Service dogs must be trained to do work or perform tasks for an individual with a disability, directly related to the disability.
» The provision of emotional support, well-being, comfort or companionship is not accepted as work or a task. However, there can be psychiatric service dogs for someone with an emotional or psychiatric condition.
» The dog must be housebroken and under the control of the handler.
Wai said a public accommodation still "shall not ask about the nature or extent of a person’s disability but may make two inquiries to determine whether an animal qualifies as a service animal."
It can ask if the dog is required because of a disability and what work/task the animal is trained to perform, but cannot require documentation or proof that the animal has been certified, trained or licensed as a service animal.
"So while the definitions and criteria are all much improved, the lack of certification or proof still presents a challenge for many places," Wai said.
QUESTION: Which department do I contact about a parking meter on the street that is not working properly?
ANSWER: To report a broken parking meter, call the Honolulu Police Department’s Parking Meter Repair Section at 832-7836.
AUWE
To the man who, at 8:15 a.m. Saturday, Jan. 22, turned left from King Street onto Bishop Street and almost hit a car stopped at the light on Bishop. You were screaming and waving your middle finger as you sped through your illegal left turn onto a one-way street and into the Executive Center parking garage. I couldn’t see your license plate number or I would have called 911. — B.