Quench Hydrate Service Animal Policy:
The federal Americans with Disabilities Act (ADA) and Nevada state laws set out the rights of people with disabilities who use a dog or a miniature horse to assist them in performing a task or do work for the benefit of a person with a disability. The task or work must be related to the person’s disability. Under these laws, people with disabilities have the right to bring service animals specially trained to provide some of the work and tasks specific to their disability into any place of public accommodation (professional offices such as Quench Hydrate are included).
We are animal lovers here at Quench Hydrate, and recognize that pet owners derive a sense of well-being, safety, or calm from their pet’s companionship and physical presence. However, unless they meet the definition of a service animal under federal and state law, we cannot allow such animals into the Quench Hydrate facility.
What are my responsibilities as a service dog handler?
You are responsible for supervising your service animal at all times. The animal must be housebroken and vaccinated in accordance with state and local laws. The service animal must be harnessed, leashed, or tethered while in public places unless these devices interfere with the service animal’s work or the person’s disability prevents use of these devices. In that case, the person must use voice, signal, or other effective means to maintain control of the animal. If a service animal is disruptive, staff may request that the animal be removed from the premises. If the service dog poses a direct threat to health and safety, or poses a threat to others, you will be asked to remove your dog from the premises, as allowed by the ADA and Nevada’s public accommodations law. Examples of behaviors that qualify for exclusion of the service animal include unprovoked biting, aggressive or uncontrollable barking, jumping on others, or running away from the handler.
What is a 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. The task(s) performed by the dog must be directly related to the person’s disability.
What does “do work or perform tasks” mean?
The dog must be trained to take a specific action when needed to assist the person with a disability. For example:
- Pulling a wheelchair.
- Assisting with navigation for a person who is blind or has low vision.
- Retrieving items such as pens or backpacks.
- Removing a disoriented person from a dangerous situation.
- Reminding a person to take prescribed medications.
- Assisting an individual during a seizure.
In accordance with applicable federal and state laws, Quench Hydrate cannot ask for proof of the service dog’s training nor request to see the animal perform the task. However, we may ask (1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform? Staff are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person’s disability.
Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?
No. Neither the ADA nor Nevada’s public accommodations law give people the right to bring pets or “emotional support animals” into public accommodations. The terms listed above are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA. Although these animals often have therapeutic benefits and provide a sense of safety, companionship, and comfort to those with psychiatric or emotional conditions, they are not trained to perform specific tasks for their handlers.
If someone’s dog calms them when having an anxiety attack, does this qualify it as a service animal?
If the dog has been trained to sense that an anxiety attack is about to happen and take a specific action to help avoid the attack or lessen its impact, that would qualify as a service animal. However, if the dog’s mere presence provides comfort, that would not be considered a service animal under the ADA.
What are the consequences of not following the above guidelines?
Under Nevada law, NRS 426.805, it is a misdemeanor to fraudulently misrepresent an animal as a service animal. Penalties include a fine of up to $500.