It is quarter to five, Friday afternoon and Judy just walked into the Livermore Public Library with her overweight Black Labrador Retriever named Shane. Judy likes to pass Shane off as a service animal, and, knowing the law the way she does, she's well aware that the Librarians at the Livermore Public Library have been, in the past, forbidden to ask if the animal is a service animal.
Yes, this is the same Judy who made up the whole bit about Mr. and Mrs. C. The very same one who went off on me last Monday. I'm watching this and I'm just wondering: how far is she going to take this?
Yes, folks, this bothers me.
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That the American's with Disabilities Act (ADA) prohibits business owners and Librarians from asking for a service animal's credentials has always been a problem. Why that was written into the law is beyond me. People like Judy know full well that this is the case.
However, the law has been changed quite recently. The only type of service animal that is always allowed is a dog. It must be a trained dog. And the Business Owner or Librarian may ask what the service animal is trained for. If it is NOT trained, it is NOT a service animal.
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Cockatoos, Opossums, Rats, Lions, Tigers and Bears: NOT Protected under the ADA Service Animal provisions. So if you have one of those, and you're trying to pass it off as a service animal, you have a rude awakening coming.
Now, what is the Livermore Public Library in-house policy on Service Animals or animals being passed off as Service Animals? As the Library staff, I have no idea.
But, Judy, just so you know, Shane is not a service animal, never has been a service animal and will never be a service animal.
The California Code makes it very clear what the laws are today:
Californa Civil Code Section: 54.2.(b) Individuals who are blind or otherwise visually impaired and persons licensed to train guide dogs for individuals who are blind or visually impaired pursuant to Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or as defined in regulations implementing Title III of the Americans with Disabilities Act of 1990 (Public Law 101–336), and individuals who are deaf or hearing impaired and persons authorized to train signal dogs for individuals who are deaf or hearing impaired, and individuals with a disability and persons who are authorized to train service dogs for the individuals with a disability may take dogs, for the purpose of training them as guide dogs, signal dogs, or service dogs in any of the places specified in Section 54.1 without being required to pay an extra charge or security deposit for the guide dog, signal dog, or service dog. However, the person shall be liable for any damage done to the premises or facilities by his or her dog. These persons shall ensure the dog is on a leash and tagged as a guide dog, signal dog, or service dog by an identification tag issued by the county clerk, animal control department, or other agency, as authorized by Chapter 3.5 (commencing with Section 30850) of Title 14 of the Food and Agricultural Code.
http://www2.courtinfo.ca.gov/protem/courses/ada/stats/cc.htm#54_2
Looks clear enough to me...
