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Definition of ‘Service Animal’ a Hot Issue in Pet-Friendly Portland, Ore.

Posted Sep 3, 2009 1:32 PM CST
By Martha Neil

It may seem like a no-brainer that dogs don't belong in a supermarket. But in pet-friendly Portland, Ore., the question is controversial enough to require state officials to weigh in with a new campaign intended to educate the public about what is and is not a service animal, reports the New York Times.

The legal issue is important, because although pets are not permitted in supermarkets under the federal Food Code, service animals, such as guide dogs for the blind, are exempt from the restriction. The problem is, there is no absolutely clear-cut definition of service animal or registration procedure. That has prompted a number of pet owners to claim that ordinary companion animals qualify to accompany them on their grocery-shopping trips, according to the newspaper.

Reacting to some 600 complaints over the past year about animals in food stores, the Oregon Agriculture Department has mounted an educational campaign about the service dog rules, distributing posters and brochures to 4,500 retail outlets, the Times reports. But enforcement can be difficult, both because of resistance from some pet owners and because stores can can get into legal trouble if they violate the Americans with Disabilities Act by making it difficult for legitimate service animals to accompany their owners.

While it should be easy to identify a guide dog for the blind, legitimate service animals also assist some individuals whose handicaps may not be immediately apparent. A written policy of the Maine Attorney General's office on service animals in the workplace, for instance, includes animals approved by a psychologist to assist individuals with a mental disability.

“Some people are kind of grossed out by it, but it’s a comfort thing for a lot of people, to have their dog with them. Who am I to judge someone else’s needs?” says Carl Anderson, who works at a Whole Foods Market in Portland, Ore.

“Unless they’re jumping up and eating out of the salad bar,” he tells the Times, “we try to roll with it the best we can.”

Related coverage:

ABILITY Magazine: "Service Animals—Barking up the Right Tree"

Comments

1.

Bradysdad
Sep 3, 2009 1:58 PM CST

According to the ADA website, the new Federal definition of a Service Animal will soon change to the following:

New Proposed Service Animal Defintion
PART 36-NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS
AND IN COMMERCIAL FACILITIES

Subpart A-General  

PROPOSED DEFINITION
Service animal means any dog or other common domestic animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals who are blind or have low vision, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing minimal protection or rescue work, pulling a wheelchair, fetching items, assisting an individual during a seizure, retrieving medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and assisting individuals, including those with cognitive disabilities, with navigation.  The term service animal includes individually trained animals that do work or perform tasks for the benefit of individuals with disabilities, including psychiatric, cognitive, and mental disabilities.  The term service animal does not include wild animals (including nonhuman primates born in captivity), reptiles, rabbits, farm animals (including any breed of horse, miniature horse, pony, pig, or goat), ferrets, amphibians, and rodents.  Animals whose sole function is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, or to promote emotional well-being are not service animals.

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2.

B. McLeod
Sep 3, 2009 7:51 PM CST

This would be like a trained dog that walks right up and drops some slobbery process directly onto the defendant’s shoes.  Ruh-hruh, Rerved!

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3.

Fred
Sep 4, 2009 6:45 AM CST

<whine>  But I *LIKE* having my dog with me when I shop!  </whine>

No doubt as to who is the “me” generation.

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