Disability and Animals

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Monkeys and Horses and Ferrets...Oh My! Non-Traditional Service Animals Under the ADA


This article analyzes the major cases involving non-traditional service animals. Part II looks at those species that have been viewed as potentially presenting a danger to their owners or the public, examining the use of non-human primates and snakes. Part III examines cases where people seek to pass their pets off as service animals, discussing miniature horses, ferrets, and the difference between therapy animals versus service animals. Part IV is a discussion of potential conflicts between the federal ADA and state or local laws regarding non-traditional service animals. Finally, Part V concludes that the present regulatory system is adequate and should remain in place.
MS - Assistance Animal - Assistance Animal/Guide Dog Laws The following statutes comprise the state's relevant assistance animal and guide dog laws.
MS - Facility, courtroom dog - § 99-43-101. Child witness standards of protection Under Mississippi law, in any proceeding in which a child testifies, a child shall have the right to be enforced by the court on its own motion by an attorney in the proceeding to permit a properly trained facility animal or comfort item or both to be present inside the courtroom or hearing room.
MT - Assistance Animal - Assistance Animal/Guide Dog Laws The following statutes comprise the state's relevant assistance animal and guide dog laws.
MT - Butte-Silver County - Title 6: Animals (Chapter 6.04: Animal Control)


In Butte-Silver Bow County, Montana, it is unlawful for any dog, whether restrained or unrestrained, to be in certain public places unless the dog is assisting a sight or hearing impaired person. Additionally, license fees are waived for dogs trained to assist sight or hearing impaired persons, when such dogs are actually being used by sight or hearing impaired persons, but such dogs must still obtain a license and must still be vaccinated.
Nason v. Stone Hill Realty Association A tenant with multiple sclerosis took in her mother's cat when her mother became ill. The housing authority had a no pets policy and requested that the tenant remove the pet from the premises. The tenant in turn offered a letter from her physician stating that "there would be serious negative consequences for her health if she was compelled to remove the cat." The court held that the tenant did not meet her burden of proving a nexus between the cat and her multiple sclerosis, reasoning that the physician's note does not state that the cat is necessary to alleviate her symptoms and that a more reasonable accommodation may be available.
NC - Assistance Animals - Assistance Animal/Guide Dog Laws The following statutes comprise the state's relevant assistance animal and guide dog laws.
NC - Service Animals - § 20-187.4. Disposition of retired service animals This statute allows for a retired service animal to be transferred to an officer or employee who had custody of the animal during the animal's public service, a surviving spouse or surviving children of a deceased officer or employee who had custody of the animal during its service, or an organization dedicated to assisting retired service animals.
ND - Assistance Animals - Assistance Animal/Guide Dog Laws The following statutes comprise the state's relevant assistance animal and guide dog laws.
NE - Assistance Animal - Assistance Animal/Guide Dog Laws The following statutes comprise the state's relevant service animal, assistance animal, and guide dog laws.

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