[NAGDU] “service dog” off leash

Raul Gallegos raul at raulgallegos.com
Wed Oct 11 15:47:51 UTC 2017


I am certainly not a lawyer but this is how I understand it as well. I pulled up the relevant information from the ADA and I have pasted it below.

According to what I am reading, some form of leash, harness, or tether is required unless there is some kind of physical disability which prevents the dog from doing his or her job, in which case, control of the dog is still necessary either through verbal or visual cues.

28 CFR Sect. 35.136 Service animals
(d) Animal under handler's control. A service animal shall be under the control of its handler. A service animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal's safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler's control (e.g., voice control, signals, or other effective means).

Sent from my iPhone

> On Oct 11, 2017, at 10:06 AM, Danielle Sykora via NAGDU <nagdu at nfbnet.org> wrote:
> 
> Service dogs can be off leash, but only in two situations:
> 
> 1. The handler's disability prevents them from using a leash. The only
> situation I can think of this being an issue is if the handler has
> severe limitations in the range of movement in their hands/arms, that
> makes holding a leash and/or clipping on a leash difficult or
> impossible. A hands-free leash is an option, but this would not work
> if the person can not clip the leash on/off, especially if the dog
> needs to perform long distance retrievals or something similar.
> 2. The tasks the dog performs requires the dog to be off leash. For
> example, a mobility dog retrieving an object at a distance or a
> seizure response dog needing to go get help from another person when
> their handler is having/just had a seizure.
> 
> Regardless of the reason, the dog needs to be under control even when
> it is off leash. You could accomplish this with voice control only,
> and I suppose you can also use an E-collar in combination with verbal
> commands. Also, the dog should still be walking in a tight heel as if
> it were on leash. It should not be walking around at a distance from
> the handler.
> 
> The dog sniffing you is not appropriate behavior. Yes, dogs aren't
> perfect and can make mistakes, but the handler should have corrected
> the dog verbally and called it back to her.
> 
> Because you are allowed to ask what tasks a dog is trained to perform,
> I think it would be within the law to ask what tasks the dog performs
> that requires it to be off leash. Though not specifically stated in
> the ADA, I would think it would be also acceptable to ask the handler
> to put their dog on leash because of local leash laws, and to ask if
> their disability prevents them from doing so if they refuse (though of
> course not asking any details about the nature of the disability).
> 
> Danielle and Thai
> 
> 
>> On 10/11/17, Cindy Ray via NAGDU <nagdu at nfbnet.org> wrote:
>> The only two questions you can legitimately ask are is this a service dog?
>> What service does it perform? That does seem weird to me. I should think you
>> would want it on a leash to be cetain of contact.
>> Cindy Lou Ray
>> cindyray at gmail.com
>> 
>> 
>> -----Original Message-----
>> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Nancy VanderBrink
>> via NAGDU
>> Sent: Wednesday, October 11, 2017 9:12 AM
>> To: nagdu at nfbnet.org
>> Cc: Nancy VanderBrink <vandyvanderbrink at outlook.com>
>> Subject: [NAGDU] “service dog” off leash
>> 
>> Hi all,
>> I encountered something odd & concerning in the grocery store.  A woman came
>> up to me accompanied by a dog that was wearing a vest.  I did not have my
>> dog with me at the time because I had taken an Uber and I was getting
>> groceries.  Her  dog comes up and starts sniffing my pants. I noticed that
>> the space between her and the dog was quite large so I out of curiosity
>> asked if the dog was on a leash. She said no the dog was not and that it was
>> a service dog that detected seizures.
>> 
>> I was concerned because it’s a dog after-all and having no leash in a
>> crowded grocery store seemed odd.  My husband said later I should have asked
>> where she got the dog but she could’ve said it was owner trained.
>> 
>> It may actually be a service dog and be legitimate but the reason I am even
>> mentioning this in the first place is that I don’t see how she can claim to
>> have full control of the dog when it is not on a leash. Someone actually
>> said that they thought that the leash ordinance would come into affect in
>> the situation and the police could be called but I have a funny feeling they
>> would hesitate to do anything because she could sue.
>> 
>> Thoughts?
>> 
>> Nancy
>> 
>> 
>> 
>> Please forgive the typos as this message was most likely generated using
>> voice dictation Nancy Irwin
>> 
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>> 
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> 
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