I can't read all of this thread so far, but I want to make a point before I forget. I will be most likely posting more later when I have more time, and anxiety isn't interfering with my reading comprehension.
I am not a lawyer or any type of trained or licenced legal worker. One of my hobbies is to research service dogs and laws. There is a great deal of misunderstanding regarding the various laws about service dogs. FHA, ADA, Rehabilitation act of 1973, various state and local laws can add to the confusion. Federal laws take precedence over all other laws. A state or lesser level of government can not enforce a law that is more restrictive than federal law. Next state and then local laws. There are still several states, counties and cities, that are in direct contradiction to the federal laws, not to even try to count the various businesses and organizations rules. Many lawyers even don't understand the laws simply because it's outside of their specialization. Yes, I've had several battles already with companies and even my city and it's lawyers. I've won every time. I have not needed to go to court yet, but I know sooner or later I probably will. I don't back down or blink.
Service dogs are still classified as a pet
Not in America. There is NO size, or breed limit for service dogs. No one can say "get a smaller dog, or
larger dog (<-- link, could have been a service dog), or a different breed, or a different sex of dog". Even tea cup chihuahua's or great danes can be service dogs IF they can perform tasks for a person with a disability. Service dogs are NOT defined as pets under the ADA and other federal laws. They are under the same category as medical assistance devices such as canes, walkers, wheelchairs (sounds a little harsh, but the law has to be as clear as it can be to avoid "misinterpretation" (I know, kind of an oxymoron)). If a housing unit has a 2 dog limit, and the tenant has 2 dogs AND a service dog, the housing unit can not legally count the service dog towards the 2 dog limit. The service dog is exempt because it is not a "pet" it is a working dog, or medical assistance device.
Americans with disabilities act March 15, 2011.
- Beginning on March 15, 2011, only dogs are recognized as service animals under titles II and III of the ADA.
- A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability.
- Generally, title II and title III entities must permit service animals to accompany people with disabilities in all areas where members of the public are allowed to go.
In addition to the provisions about service dogs, the Department’s revised ADA regulations have a new, separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.) *bolding is from the ADA website. I left it there.
To have a service dog, one must have a qualifying disability recognized by a licensed medical provider (including psychiatric). The person must have a recommendation for a service dog by said medical provider (often in the form of a prescription or simply a letter). Service dogs do not need to be professionally trained, nor certified, they can be self taught by the owner. [self edit] Service dogs in training are only recognized and have the same protection in a few states. Many states do not allow service dogs in training to accompany their owner until considered adequately trained (open to interpretation).
Exemptions to service dogs are religious buildings and functions, personal residences, rooms where a sterile environment must be maintained - surgery procedure rooms, burn recovery rooms, Some zoos may have service dog restricted areas if they can prove the presence of a service dog would be detrimental to the zoo's animals (disease, open range, etc).
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As to the housing unit requiring the exact medical condition that qualifies her for a service dog, here in America the laws about medical privacy are very strong. they can not ask what her medical condition is for a service dog, but CAN ask for an emotional support animal. The service dog falls under the ADA laws, the emotional support animal falls under the FHA laws.
Demanding her to reveal her medical or psychiatric condition(s) for the service dog does amount to harassment, and violation of her medical privacy. If she has documentation of the housing units request for this, she has a solid case (once again, I am not a lawyer or other legal entity, this is not legal advice).
http://www.ada.gov/service_animals_2010.htm
http://servicedogcentral.org/content/node/460
Link Removed (didn't have time to fully read this one, might have outdated info).
Out of time, bbl
