Overview of Service Dog in Training Laws
Service dogs in training are very important to service dog owners. Service dogs in training often have their own laws and ordinances that apply to their access and public accommodation rights and violating these laws may cause harm to the professional dog trainer, the dog in training (or even the client with a disability), and/or the community. Similarly, there may be ordinances that are designed to protect the service dog in training, and it is important that you, as the trainer or the trainer’s client/handler, know which laws that may apply.
A service dog in training (or SDIT) is a type of service animal that has not been fully trained to perform the task or service for its handler due to sickness or injury, or it simply has not finished its training yet. Under federal and state law, service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. The ADA defines disabled individuals in a fairly narrow way. The state and local laws often have different definitions, and the legal protection you get under those laws can vary widely depending on whether you are in a service animal law jurisdiction or an emotional support animal law jurisdiction. This article will discuss "SDIT" laws that help service dog trainers and handlers know what to expect and plan for when working with a service animal that is not fully trained.
SDIT sometimes require a certification or documentation process that validates the service dog in training or the professional service dog trainer . Although these laws are sometimes difficult to navigate, they are important to understand for the protection of the trainer and those who utilize the service animal in their daily lives. It can also help to prevent any criminal charges and animal cruelty charges against either the dog trainer or the owner of the service dog in training that carries a lot of puppy love.
Whether your service animal has been fully trained or not, neither Colorado state law nor Denver ordinance provides that ADI full access requirements. Rather, just that public access rights of the ADA apply to both handicapped persons and their service animals. Unfortunately, some states or municipalities have passed their own laws and ordinances that do not recognize service animals as "service animals" for the purposes of providing access to schools, hotels, restaurants, stores, public transportation, and more. Since Colorado does not address the SDIT issue specifically, we suggest keeping the following state laws in mind:
(a) Any person hatefully injures, blinds, or steals a service dog;
(b) Any person purposely kills a service dog; or
(2) If the court determines that the owner of a disabled service dog sustained damages as provided in subsection (1) of this section, the court may, in addition to any other civil penalty, award the owner a sum equal to five times the fair market value of the service dog, plus one year’s care of the service dog, for a total award not to exceed fifty thousand dollars.
Any person who knowingly and willfully violates or prevents or attempts to prevent the lawful use of a service animal commits a petty offense.
Federal Versus State Law
Although the ADA is a federal law, and therefore, usually takes precedence over state or local laws, certain provisions of state and local laws may be more restrictive than the ADA and provide greater rights to people with disabilities. Unlike the federal rules governing service animals, there are no strict national standards under chief Colorado law, the Service Animal and Service Animal in Training Rights and Responsibilities Statute ("the Act"). Despite this administrative gap, Colorado Administrative Rule R 8.612.2.1 adopts the definition of "service animal" contained in the ADA and provides that medical facilities in Colorado must permit the use of service dogs at the facilities in accordance with the ADA. The Act, in turn, requires that generally speaking, at least two years of training are expected before a service dog will ready for public accommodation access duties. When a dog has not completed a two-year service dog training program, and is accompanying its human partner for public accommodation purposes, the activities of the dog are limited to those facilitating the public’s interaction with the human partner to test the human partner’s ability to train the service dog. In this capacity, the dog is often referred to as a service dog in training. Under current Colorado law, it is unlawful for a person to misrepresent themselves as a trainer of service dogs, service dog in training or falsely misrepresent their service dog or service dog in training status. Thus, the State Legislative Statute does not address public access of service dogs in-training. This contrasts the fact that under the ADA, only dogs that are trained to perform "tasks" directly related to the individual’s disability can qualify as service animals.
Definition of a Service Dog in Training and Related Rights
In short, Colorado law defines a "service animal in training" as an animal: "specially trained or being specially trained by an entity or individual as a service animal for use by the disabled in accordance with the provisions of [CB 13-405(1)]." It is illegal for an entity or individual to misrepresent any animal as a service animal in training. Reinforcing this, government guidance explains that in Colorado "service animals" include "service animals in training." They are only authorized to enter public accommodations, like restaurants, retail shops, car dealerships, and the like, if accompanied by a trainer. Just like fully trained service animals under Colorado law, service animals in training are also required to wear "identifying clothing."
Under Colorado law, service animals in training are not entitled to other state accommodations. As you see, the Colorado statute does not have an accommodation provision for service animals in training.
However, when Colorado Governor Bill Ritter signed the act into law, he sent out a letter that specifically said: By way of further explanation, you may be interested to know that only fully-trained Service Animals are permitted aboard public accommodation facilities owned, operated or leased by the State of Colorado. This is due to safety and security concerns for our patrons and other employees who may become involved in emergency situations. Of course, Service Animals in Training are welcomed in government buildings. While the Governor’s guidance on service animals in training is not codified, it does reflect the state’s preference. Furthermore, when courts interpret Colorado law, they do so bearing in mind the legislative intent.
Qualifications and Responsibilities of the Service Dog in Training Trainer
Individuals or organizations providing training for service animals in Colorado must have knowledge and experience about the needs of persons with disabilities and about the general nature and behavior of service animals. The trainers are responsible for ensuring that the service animal is properly and effectively trained, which requires a significant commitment of time.
Colorado law specifically provides that a trainer may not, under any circumstances, represent or imply that the service animal has been trained by the trainer as a service animal if the service animal has not been so trained.
Public Access Rights and Limitations Under the Law
Public access rights and limitations are an important consideration for anyone with a service dog in training. In Colorado, the law affords service dogs in training (SDITs) much of the same access rights as fully trained service dogs. This is true because of the risks inherent in early socialization – SDITs that are too isolated from public spaces until they are fully trained have a much greater chance of developing behavioral issues later on.
During the training period, a SDSIT is legally entitled to go anywhere the public is allowed to go. This includes public buildings, restaurants, theaters, hotels, stores, and even public transportation. However, there are certain areas SDITs are prohibited from accessing, due to health or safety regulations. Of course, medical facilities are off limits – having a working or SDIT in a hospital or doctor’s office could potentially spread germs, encourage injury, or interrupt therapy sessions. However, normally, a service dog in training will be able to accompany its trainer at stores and hotels, in restaurants, at flea markets, and at other places where the general public is permitted.
Legal Protections for Trainers and Handlers of Service Dogs in Training
Trainers and Handlers of Service Dogs in Training are afforded the same protections as a service animal. In other words, a trainer or handler may take a service animal in training into any place that allows a service animal. This may include restaurants, hotels, retail stores , hospitals and any other place accessible to the public. Both the trainer/handler and the service animal in training are protected from discrimination as outlined below.
Discrimination Against Trainers/Handlers of Service Dogs in Training
The aforementioned protections apply to the trainer/handler and the service animal in training as they are protected from discrimination as outlined in 12-41.5-304(e).
Punitive Action Against Violators of Service Dog in Training Laws
Violations of the Service Dog In Training laws is a misdemeanor and violators may be issued a fine not to exceed $500.00.
Certification Process for Fully Trained SDIT
The critical process of certifying a fully trained service dog begins with the voluntary acquisition of the dog by an owner or trainer who intends to use the animal for the purpose of providing a service to a disabled individual. The owner or trainer establishes a sound trainer-student relationship with the dog through positive reinforcement and consistent communication. Once the training is complete, the owner applies for certification by filling out a form and paying a nominal fee. Part of this application can be completed by a licensed veterinary doctor (for a health care certification) and the remainder may be filled out by an individual who has completed the team’s skill training for the tasks they must perform. For example, the veterinarian provides confirmation that the dog is healthy and available for public access, and the handler confirms that the dog is capable of performing the required tasks.
In Colorado, certified dogs are granted full access privileges in locations open to the public in accordance with CRS 13-21-130. This means that an owner or trainer bearing a certification that their service dog has undergone appropriate training for the tasks required of it can take the dog into all places of public accommodation, including but not limited to restaurants, hotels, taxi cabs, hospitals, transportation terminals, offices, and courts. But, what exactly does it mean to be "fully trained" as a service dog?
This varies per the laws in your local area. But one thing that you can generally expect for true certification is that the dogs must undergo a serious test and demonstrate success for further consideration. The test certifies that the dog can follow and commands and complete all required tasks. During the evaluation, the team is considered to have passed if:
The team will receive a certification card stating the accomplishments mentioned above, a description of the dog and handler, and general local laws.
Federal law has no official documentation for service dogs, but they should have a basic identification. This identification may be in the form of a vest with the word "service dog" and a patch indicating the type of tasks completed by the dog.
Service Dog in Training: Recent Legal Developments and Case Studies
The Colorado legislature has recognized the importance of service animals in training by providing them the same rights as fully trained service animals, under certain circumstances. Colorado Revised Statutes 24-34-804.5 provides that any person with a disability may bring a service animal in training into any public place, housing accommodation, or workplace where that person would otherwise be entitled to bring a service animal. The service animal in training must be accompanied by an appropriately trained service animal trainer. A "service animal in training" is defined as "any animal that is in training to be a service animal." This law is set to expire on January 1, 2017.
The application of service dog in training laws in other states has been called into question in the recent case of Franceschi v. United Parcel Service, Inc., a case in the United States District Court for the Northern District of New York. Here, the plaintiff filed suit after he was allegedly terminated from his employment after his service dog in training bit another employee at the defendant’s facility. The United States District Court for the Northern District of New York held that the ADA only protects employees with fully trained service dogs, making it lawful for the defendant to terminate the plaintiff because his service animal was not fully trained. In the opinion, the court stated that "the ADA contains no express protections for service animals in training. Moreover, as the EEOC [Equal Employment Opportunity Commission] notes in its guidelines, even where an animal is in training to be a service animal, an employer’s obligations are not clear . . . For purposes of ensuring an individual with a disability can perform the essential functions of his/her job, while also providing a reasonable accommodation, the Court joins its sister courts in finding that the ADA’s protections relate to service animals, not service animals in training."
For now, service animal in training laws are only available in one state – Colorado. And the inconsistent interpretations of the service animal in training doctrine, as evidenced by Franceschi, sheds light on how difficult it can be to establish a wifiing case for a service dog in training to be housed in your common interest community.
Conclusion: Navigating the Law
As you can see, Colorado service animal in training laws is a pretty confusing field. The service animal laws distinguish between the ADA federal service animals and Colorado state service animals. Even within these categories, there are many restrictions and unanswered questions that make things murkier.
Arguably, the most important point to take away from this discussion is this: Your best options for certainty and safety are state and local certified dog trainers, veterinarians , and Certified Service Animals (CSAs). This is true because CSAs are explicitly exempt from certification requirements and have less liability in public areas than other non-ADA approved service animals.
Please do not view the above information as legal advice, however. You need to talk to an attorney experienced with Colorado service animal in training laws if you want to know what your situation means for you or if you feel you’ve been mistreated because of a service animal in training. Only then can you understand the full implications of the law.