Service dogs are protected under federal and state laws.
Service dogs, also called assistance dogs, help people with physical, psychiatric, hearing and visual disabilities. For years, service dogs have helped their owners with mobility, accessibility, companionship and even seizure alert. The Americans with Disabilities Act (ADA) of 1990 is a federal act requiring public businesses to permit service dogs. Regulations regarding service dogs that are not covered under the ADA vary by state, city and county.
Offenses against Service Dogs
McKinney's General Obligations law protects service dogs and their owners in New York state. Under this law, a pet owner who allows his pet to interfere with a service dog faces a fine of up to $1,000. An owner whose pet injures or kills a service dog faces a fine of up to $2,000 or up to 15 days in prison. Furthermore, the service animal's owner can sue the other pet owner for damages.
Transportation Laws
Under state and federal laws, New York taxi drivers and public transit authorities are required to permit service animals in taxicabs, on buses and other forms of public transit and may not charge an additional fee for the animal. The Metropolitan Transit Authority states that service animals accessing public transit must be harnessed or leashed and must be licensed and trained. Therapy and emotional support dogs are not permitted, and authorities can refuse admission to any service dog perceived to pose a threat to passengers.
Service Dogs in Schools
In 2008, New York's Commissioner of the Division of Human Rights ruled that a deaf student, John Cave, Jr., could legally bring his service dog to school. The school had previously denied admittance to the service dog on the grounds that it would not be of instructional benefit to Cave and that it posed a health and safety threat to other students. Cave's representatives argued that the dog alerted his owner to sounds such as fire alarms. The state ordered the school district to change its policy. This case sets a precedent for schools throughout the New York.
Employment with Dogs
Under the laws of New York State, persons with disabilities may not be denied employment because of their service dogs. The only exception is any case in which the service dog would prevent the employee from performing her duties or if the presence of a service dog would create a hazardous work environment.
Identification of Service Dogs
Under New York State law, all dogs must be licensed and wear an identification tag with the license number at all times. Service dogs must display an additional license designating them as such. There is no fee for the service dog license and tag.
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