(A) Purpose.
(1) The purpose of this policy is to ensure that the rights of individuals who use service animals to assist with disabilities are protected in accordance with the Americans with Disabilities Act (ADA).
(2) The ADA requires state and local government agencies, businesses, and non-profit organizations that provide goods or services to the public to make "reasonable modifications" in their policies, practices, or procedures when necessary to accommodate people with disabilities. This includes service animals. Accordingly, entities that have a "no pets" policy generally must modify that policy to allow service animals into their facilities.
(B) Requirements of the ADA.
(1) Service animal. Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. A service dog can be of any breed.
(2) Meaning of "do work or perform tasks”: The task(s) performed by the dog must be directly related to the person's disability, and the dog must be trained to take a specific action when needed to assist the person with a disability. The following examples illustrate types of service dogs, but there are many others:
(a) A person with diabetes may have a dog that is trained to alert her when her blood sugar reaches high or low levels.
(b) A person with depression may have a dog that is trained to remind her to take her medication.
(c) A person who has anxiety may have a dog that is trained to take a specific action to avoid the attack or lessen its impact.
(d) A person who has epilepsy may have a dog that is trained to detect the onset of a seizure and then help the person remain safe during the seizure.
(3) Emotional support, therapy, comfort, or companion animals are not considered service animals under the ADA. These terms are used to describe animals that provide comfort just by being with a person. Because they are not trained to perform specific tasks or jobs, they do not qualify as service animals under the ADA.
(4) The ADA does not require service animals to be professionally trained. People with disabilities have the right to train the dog themselves and are not required to use a professional service dog training program.
(5) The ADA does not require that service animals have some kind of certification. Covered entities may not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal as a condition for entry.
(6) This policy shall be incorporated into the Waterloo Marshal's Office Standard Operation Procedures as SOP57.
(C) Additional provisions. The provisions in this section do not cover the entire ADA code or amendments which may be made to said code. The entire ADA code applies and should be complied with. Therefore, the ADA code should be periodically consulted for changes or updates.
(Res. 19-07, passed 11-12-19)