Does the ADA exempt service dogs that work off leash form local leash laws?

In regards to the application of the laws:

The law that offers the greater protection to the disabled person is the law which will apply. If the ADA says "must be leashed", but the State or Local law says "no leash needed", then the State or Local law takes precedence because it is less restrictive. Likewise, if the ADA says "no leash" but the State or Local law says "leash required', then the Fed law applies.

Unfortunately, the ADA is silent on the topic of leashing, so the State or Local law may apply. All the ADA mentions is that the animal must be under the control of the handler at all times and if not, the animal (but not the handler) may be removed from the venue. It is up to you to ensure that the animal is "under control" while unleashed. If you protest the citation, you will have to prove this aspect to the judge in court. The judge may or may not rule in your favor if depending upon the results of your "off leash/under control" evidence.

In reality, the disabilities that need to be mitigated by an unleashed service animal are so small as to be practically non-existent; most all disabling conditions can be mitigated while leashed, albeit a long lead. The smartest way is to be leashed at all times for the safety of the animal, the handler, and the general public.

Just as an informational note, service animals are NOT allowed "everywhere" their handler is allowed, as stated by some of the answers. There are specific places that service animals are not permitted by law, so it is not a "free-for-all" in regards to service animals. Read the provisions in the ADA to see for yourself.

Here are two informative briefs:

www.ada.gov/svcanimb.htm

www.ada.gov/qasrvc.htm

We bike ride all the time on a tandem bicycle, with my wifes Guide dog tagging along on a leash. It is nonsensical to state that a dog cannot be leashed on a bike ride. Unless, of course, the dog is not well trained or has a poor recall; in which case it should not be used for any type of service work.

Animal Artwork (as she normally does) has this right. A service dog can work on and off leash. It depends on the service the dog is trained to do. The ADA protects you and the dog from any form of discrimination. When working, the dog is a tool, no different than a wheel chair, a cane or other such item. While I'm not a lawyer nor am I familiar with the leash laws in your area, I do not think your dog was functioning as a working dog at the time of the ticket. If your dog was working, no problem fighting the ticket. However, you left your "tool" in the car while doing an activity. At that point, he isn't a service dog, but a pet. Check with a lawyer in your area. However, I would imagine you may be paying the ticket.

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A Service Dog WORKING off-leash is just that .. a Service Dog. If your disability requires that the dog be unleashed while working (performing tasks) then I'm certain you could reasonably argue that in a court of law. However, just needing a Service Dog, having one working with you and deciding not to leash it probably isn't enough. A Service Dog unaccompanied, not working, or unaccompanied in a car is... just a dog and is subject to any laws any other dog would be subject to. The ADA makes no proclamations regarding whether the dog must be on or off-leash. It probably didn't occur to them. Depending on the merits of your case, the ACLU is looking for instances of discrimination to those using Service Dogs to take to court. *I* would dispute the ticket as a chance to educate the officer and the court system... but I have MS... and a neurologist who recommended using a service dog. I have no clue what the courts would think of a physiologist signing a note for someone with Asperger's. (You might want to ask this in the legal section) Edit: I wonder how Elaine proposes a Service Dog kept at the disabled person's side is supposed to go to retrieve medication, open a door, turn off a light etc... these are things that are not always within reach of a leash.

The ADA does not exempt you from local laws, including scooping laws, leash laws, and licensing laws.

It wasn't necessary for your dog to be off leash, you just wanted it that way. A disability isn't a free pass to get privileges others don't have. Those privileges that a person with a disability has, such as being accompanied by a service animal in public places, aren't to make them feel better about being disabled, or to make them more special than everyone else, but an attempt to level the field so they have an equal or as near to equal as possible, opportunity to the same goods and services as able-bodied people.

Your dog should have been on a leash. Playing the disability card to get out of a ticket is no better than playing the race card to get out of a ticket. This clearly isn't about discrimination. Pay your fine and if you don't need your service dog, leave him at home.

Consider getting a cart you can pull with your bike. The sort parents use to take their toddler's along for the ride. You may find a used one at a garage sale or on Craig's list. To ride with a dog running along side, invest in a springer http://www.springerusa.com/

A dog helping someone with aspergers sydrome has no need to be offleash any more than a guide dog for the blind or a hearing dog for the deaf. I am yet to know of any reason why any service dog would need to be offlead in public places. Sure at home dogs for the physically disabled do do work offleash and if the individual task required it the dog could be offlead for that particular task. WHY does any service dog need to be offlead at all times????

If your dog is a highly trained service dog it should be trained not to bark and one wonders what level of training this dog has had that he thinks it is OK to bark while in the car. If you intended to put the dog in the car while you road your bike in the park, you clearly had no need for the dogs services and the dog was not with you at that particular time to work, and so would not have any exemption from the leash law.

Dogs can and do overheat in cars, even when the windows are down. They cannot sweat like us and do rely on us to keep them safe. Since you had no need for the dog at the park to ride your bike, and clearly a dog does not help you to drive, why don't you simply leave the dog at home.

It is like people that think that it is OK for there service dog to be offlead and playing at a no dog beach. If a service dog is in a no dog area it must be working and behaving as a service dog.

How is it that your dog can aid you in a better way off leash to on leash? This the question that you need to ask yourself, as do others.

There is absolutely no need for service dogs to offlead at all times in public places, and very very few if any service dogs need to be offlead in public places ever.

The ADA and other laws are not about providing disabled people with special privilleges, it is about providing reasonable accommodations. Is it reasonable for evey single service dog to be offlead all the time. I don't think so. All dogs, even the best trained guide, and service dogs do break training all the time. They are not lassie and leashes are there to protect the dog, who at most has the IQ of a toddler. A parent would put such a young child in a pram and/or hold the child's hand, etc to keep them safe, so why do not want to do the same to your service dog.

A letter from a doctor or other medical provider does not and never will make a dog a service dog and clearly this animal control officer was aware of this.

The ADA will override the local leash laws only if necessary for the dog to do his job. So the question is this: was it required for the dog to be off leash in order to perform his service, or could he have done it while on leash? ADA only provides exemptions from local laws to the extent necessary for the dog to perform his service. From your story, it sounds like you just let him off to exercise. Since exercise is not a service to the disabled, he was not acting as a service dog at that time, and therefore this action would not be covered by ADA.

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The first is simple; you must win your dogs mind. If you don’t achieve this first then you will be struggling the all the way. When I talk about winning your dogs mind what I really mean is that your dog looks to you for all the decisions. Before you do anything else watch one of the amazing video sites that show you the 5 Golden rules to establishing yourself as the pack leader. If you aren’t putting these in place then you are setting yourself up to fail. Just at the crucial point where you really want your dog to listen they will go and do their own thing. For sure your dog may play ball occasionally or even most of the time, you may even have a dog that is obedient 99% of the time, however if you want a dog who always listens to you and does as you ask then you need to win your dogs mind.

The second key to success is to motivate your dog. It is really important that you discover what it is that your dog enjoys both in terms of exercise and play but also in terms of a reward. If you can make the experience enjoyable then you will both achieve more and look forward to training.

Some dogs love to fetch, others love agility, and other dogs simply love obedience training, or swimming out into water and retrieve. At least to start with find out what your dogs love is and help them develop this, what I am saying is work with your dog. The other point to recognize is to make training enjoyable reward your dog.

Ok I will try again. The verdict is in as this case has gone to Boulder County Court in the City of Longmont in the state of Colorado. It was demonstrated that the service dog is trained to work off leash. Under Colorado Law "Working Dogs"; examples included in the law are police dogs, hunting dogs, etc, which service dogs are included as, are allowed to work off lease if that is what they are trained to do. Ticket was dismissed and the policy of the Boulder County Parks Department has been changed.

I have the services of a wonderful loving registered service dog named Babygirl. She will be eight year old in November, 2014. She is small at eleven pounds. Babygirl has been registered by North Carolina HHR for about four years. She helps me by detecting oncoming heart problems and negative metabolic changes. This gives me about four or five minutes to park my truck, put it in park and turn the engine off. I get extremely dizzy and sometimes I become unconscious for a few moments. I am also walking disabled and I ride a motorized handicap Scooter which I carry on a special lift attached to the back of the truck. Babygirl rides on my lap every time I use the scooter. I use to put a leash on her all the time. However, three different times, the leash fell off the handle of the scooter becoming tangled in the rear wheel of the scooter. As the leash wrapped around the axle, Babygirl was violently jerked off my lap and slammed to the floor. The third time this happened, she was badly injured. I had to rush her to an all night emergency vet office. Babygirl had fractured ribs and internal injuries to her liver. I paid over $1,700.00 for emergency surgery that evening to save her life. After that third time and all the trauma that occurred, whenever I tried to put a leash on her, she resisted. I believe that if I put a leash on her, she may loose her sensitivity that she has to alert me. Now, I will will never leash Babygirl, again.

I am not allowed to enter the Courthouse in Greensboro, NC. The reason I was told was "No Dog's Allowed". When I showed Babygirl's HHR tag, I was still denied entrance. The security force numbering about ten or so formed a human chain and threatened me with arrest. The next day I went to County manager's office to get this problem rectified. Either he was not in or he just did not want to discuss the problem. I was directed to the Director of County Security, Jeff Fowler. Mr. Fowler explained to me that I needed to have my dog on a leash. The law as I have read it states that a leash is not needed if it interferes with the animals performance. Mr. Fowler told me that I would be barred from entering the county Courthouse if my service animal was not leashed. Babygirl has been in the Courthouse with me many times over the last four years that she has had her registration. I'm elderly and retired/disabled as a 100% combat wounded in the Vietnam War. Before my disability set in I was working in the law enforcement profession. I use to earn some part time pay doing criminal and civil background checks for several business' checking on the backgrounds of possible employees. Being barred from the courthouse means I cannot do the assignments.

Even now, when I pick up a leash, Babygirl runs from me. She is terrified of a leash. When Babygirl and I are out, she sits on my lap as we ride on the scooter. She will never get off on her own. If I have to go in a restroom, I can leave her on the scooter outside. She will never jump off the scooter while I'm gone. No matter how long it takes, she just waits on the seat. She does not bark or make any noise. She has a warm wonderful personality and is very friendly to everyone she meets. However, I am now forever barred from entering the Courthouse. I've talked to several lawyers about the situation. None of them wants to challenge the courthouse. They think that it will make it impossible for them to practice law if they did. One Lawyer, Drew Brown told me to send him a certified check for $40,000.00. Then he would think about it. I am quite frustrate and have no ideas. Any ideas out there? I can be reached at: Stopcrime911@aol.com

Thank you, Marvin

That officer that said service dogs are not allowed in the area is BS. I am deaf, I can speak but I cannot hear and I have a service dog. Service dogs are allowed ANYWHERE you go. I have spent the last 15 years training dogs and working with dogs and the ADA. Call the U.S. Department of Justice's toll-free ADA Information Line at 800-514-0301 (voice) or 800-514-0383 (TDD).

Also- I would file a complaint with the ADA against that officer. Telling you your service animal is not allowed where you are is discrimination. Period.

I'm not sure about the leash part, but calling that number will get you someone who can point you in the right direction.