Disability and Animals
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| TX - Dogs, rescue - Chapter 785. Search and Rescue Dogs | This chapter of laws deals with search and rescue dogs and their handlers. All search and rescue dog handlers must be certified by the National Association for Search and Rescue or another state or nationally recognized search and rescue agency. This chapter of laws allows for search and rescue dogs and their handlers equal access to all public facilities. If any person denies access to a search and rescue dog or their handler, he or she will be guilty of a misdemeanor punishable by a fine of not less than $300 or more than $1,000. If the search and rescue dog causes any damage while in the facility, the handler will be solely responsible. |
| TX - Facility dog - § 21.012. Presence of Qualified Facility Dog or Qualified Therapy Dog in Court Proceeding | Texas enacted a facility dog/courthouse dog law in 2021. Under the law, any party to an action filed in a court in this state in which a proceeding related to the action will be held may petition the court for an order authorizing a qualified facility dog or qualified therapy dog to be present with a witness who is testifying before the court. The court may enter an order authorizing a qualified facility dog or qualified therapy dog to accompany a witness testifying at the court proceeding if: (1) the presence of the dog will assist the witness in providing testimony; and (2) the party petitioning for the order provides proof of liability insurance coverage in effect for the dog. A handler must accompany the qualified facility dog (as defined in the law). |
| TX - Service animals - § 434.029. Service Dog Pilot Program for Certain Veterans | The commission by rule shall establish a pilot program for veterans to assist in mitigating the symptoms of military service-related post-traumatic stress disorder, traumatic brain injury, or military sexual trauma through the provision of a service dog. |
| United States v. Kent State University |
In this case, the United States Government brought an action against Kent State University alleging that the University’s failure to have any policy in place that would allow for the University to consider emotional support animals violated the Fair Housing Act. The parties resolved their differences in the form of a consent decree and asked the court to approve the decree. The court approved the consent decree but suggested that the parties make a few additions to the decree. The first suggestion that the court made was to specify what type of qualifications were necessary to make someone a “qualified third-party” for the purpose of making a statement to the University about an individuals need for an emotional support animal. Secondly, the court suggested that the University begin reviewing the logistics of how the University would manage having animals in its housing and how the animals would be properly cared for. Lastly, the court urged the University to look at whether or not the University offered sufficient break times between classes so that a student would have enough time to check on the animal and ensure that the animal was not neglected on a routine basis. |
| United States v. Robinson |
In this case, defendants were charged with conspiracy to distribute marijuana and conspiracy to launder money after the defendant’s vehicle was searched by law enforcement during a traffic stop. During the stop, the police officer used a service dog while searching the vehicle. The defendants argued that any evidence gained by the police officer be suppressed on the grounds that the search of the vehicle was not constitutional. Specifically, the defendants argued that the police officer did not have reasonable suspicion to use the service dog while searching the vehicle. Ultimately, the court found that the search by the police officer and his service dog did not violate the defendant’s constitutional rights because the police officer had reasonable suspicion to search the vehicle. The court focused on the fact that the officer had legally stopped the vehicle and while talking to the driver and passengers he had established a reasonable suspicion that the defendants were transporting drugs. Once the police officer had a reasonable suspicion that the vehicle was transporting drugs, the police officer was legally allowed to use the service dog to search the vehicle. As a result, the court held that none of the evidence found during the search should be suppressed for violating the defendant’s constitutional rights. |
| United States v. Univ. of Neb. at Kearney | This case considers whether student housing at the University of Nebraska–Kearney (UNK) is a “dwelling” within the meaning of the FHA. The plaintiff had a service dog (or therapy dog as the court describes it) trained to respond to her anxiety attacks. When she enrolled and signed a lease for student housing (an apartment-style residence about a mile off-campus), her requests to have her service dog were denied, citing UNK's "no pets" policy for student housing. The United States, on behalf of plaintiff, filed this suit alleging that UNK's actions violated the FHA. UNK brought a motion for summary judgment alleging that UNK's student housing is not a "dwelling" covered by the FHA. Specifically, UNK argues that students are "transient visitors" and the student housing is not residential like other temporary housing (migrant housing, halfway houses, etc.) and more akin to jail. However, this court was not convinced, finding that "UNK's student housing facilities are clearly 'dwellings' within the meaning of the FHA." |
| US - Air travel, disability - § 41705. Discrimination against handicapped individuals | The Air Carrier Access Act (ACAA) was enacted in 1986. The law prohibits discrimination by commercial airlines on the basis of disability. An individual is considered "disabled" if he or she (1) has a physical or mental impairment that substantially limits one or more major life activities.; (2) l has a record of such an impairment; or (3) is regarded as having such an impairment. This law requires that each complaint under this section are investigated and those data reviewed/reported. Regulations promulgated under the ACAA in 2008 set forth requirements for service brought animals aboard commercial flights. |
| US - Air travel, service animals - Guidance Concerning the Carriage of Service Animals in Air Transportation Into the United Kingdom |
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| US - Air travel, service animals - Nondiscrimination on the Basis of Disability in Air Travel (proposed rules) |
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| US - Air travel, service animals - Nondiscrimination on the Basis of Disability, Technical Assistance Manual |
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