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Brief Summary of Emotional Support Animals |
This overview discusses the federal laws that prohibit landlords from denying housing to individuals with mental or emotional disabilities who need companion animals to lessen the effects of the disability. The factors in proving the companion animals qualify as "reasonable accommodations" under law are also outlined.
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Brief Summary of Laws on Assistance Animals |
State and federal laws prohibit discrimination against disabled people who rely on service animals. Such laws try to protect the rights of disabled people and safeguard their service animals from harm. The penalties for violating these laws include fines, restitution, and imprisonment.
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Bronk v. Ineichen |
Plaintiffs appealed decision of district court denying their claim that defendants violated the Federal Fair Housing Act for failing to allow a hearing dog in their rental unit as a reasonable accommodation for their hearing disability. The landlord denied the request, alleging that the dog was not a "hearing dog," and that the tenants did not have a legitimate need for the dog because the dog lacked professional training. The Court of Appeals held that if the dog was not necessary as a hearing dog then the plaintiffs were not entitled to the dog as a reasonable accommodation under the FHA. Also, the court held that a disabled person must meet two standards in arguing that an accommodation be made: (1) the accommodation must facilitate the disabled person's ability to function; and (2) the accommodation must survive a cost-benefit balancing that takes both parties' needs into account. The court vacated the decision of the lower court and ordered a new trial because of misleading jury instructions.
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CA - Assistance Animal - California Assistance Animal/Guide Dog Laws |
The following statutes comprise the state's relevant assistance animal and guide dog laws. |
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CA - Facility - § 868.4. Authorization for therapy or facility dogs to accompany certain witnesses in criminal |
This law, effective in 2018, allows either party in a criminal or juvenile hearing to ask the court for approval to bring a therapy or facility dog for a child witness in a court proceeding involving any serious felony or any other victim who is entitled to a support person. Before a therapy or facility dog may be used, the party seeking its use must file a motion with the court that includes: (1) the training or credentials of the therapy or facility dog; (2) the training of the therapy or facility dog handler; and (3) facts justifying that the presence of the therapy or facility dog may reduce anxiety or otherwise be helpful to the witness while testifying. The court may grant the motion unless it finds the use of the therapy or facility dog would cause undue prejudice or be unduly disruptive to the court. Appropriate measures must be taken to assure that the presence of the therapy or facility dog as unobtrusive and nondisruptive as possible.
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CA - Service Animal - § 600. Horses or dogs used by peace officers or volunteers; |
This statute makes it an offense to willfully, maliciously and with no legal justification harm, injure, obstruct, or interfere with a horse or dog under the supervision of law enforcement in the discharge of official duties or a volunteer under the direct supervision of a peace officer. Violations are punishable by a fine and/or imprisonment. Punishment depends on the seriousness of the injury to the animal. Upon conviction, a defendant must also pay restitution for damages. |
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CA - Service Animal - § 600.2. Allowing dog to injure or kill guide, signal or service dog; punishment; restitution |
It is unlawful for any person to permit any dog he or she owns or controls to injure or kill any service dog while the service dog is in discharge of its duties. A violation is an infraction punishable by a fine if the injury is caused by the person's failure to exercise ordinary care. A violation is a misdemeanor if the injury is caused by reckless disregard in the exercise of control over his or her dog. A violation in this case shall be punishable by a fine and/or imprisonment. Upon conviction, the defendant shall make restitution, including veterinary bills and replacement costs. |
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CA - Service Animal - § 600.5. Intentional injury to, or death of, guide, signal or service dog; penalty; restitution |
Any person who intentionally causes injury to or the death of any service dog, while the dog is in discharge of its duties, is guilty of a misdemeanor. punishable by a fine and/or imprisonment. Upon conviction, a defendant must make restitution to the person with a disability who has custody or ownership of the dog for any veterinary bills and replacement costs of the dog if it is disabled or killed. |
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Canada - Alberta - Service Dogs Act |
This Alberta, Canada law provides that no person shall deny to any person the accommodation, services or facilities available in any place to which the public is customarily admitted, or discriminate against any person for the reason that the person is a disabled person accompanied by a service dog or a certified dog-trainer accompanied by a dog in training. The law goes into effect January of 2009. |
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CASES AND STATUTES ON THE USE OF DOGS BY WITNESSES WHILE TESTIFYING IN CRIMINAL PROCEEDINGS: A Periodically Updated Online Article |
This article examines the use of a "facility dog" - a dog present during testimony at trial - in various court settings. Specific cases and statutes are examined in the article. The diversion between case law and legislation regarding the use of such dogs in courtroom proceedings is widening. |
