While playing with ChatGPT I decided to ask a few service dog-focused questions. Mostly I was very happy with the answers I got back from the AI. But, I decided to ask a question about dog shot records and if a gatekeeper could ask for them. For background, after a talk to the ADA and the ADA Network about this question I was told as long as the State/County/City required a license for shots for all dogs a gatekeeper could ask to see the license or shot records without problems. So, like a lawyer, I am asking a question I should already know the answer to.
Here is the first interaction:
Can service dog handlers be asked for shot records by gatekeepers?
In general, gatekeepers or business owners are not allowed to ask service dog handlers for shot records or medical documentation related to their disability. The Americans with Disabilities Act (ADA) and similar laws in other countries protect the privacy and rights of service dog handlers. These laws only allow two questions to be asked by gatekeepers or business owners:
It's important to note that the focus should be on the behavior and training of the service dog and the needs of the handler, rather than on the handler's personal medical history. If a service dog behaves poorly or disruptively in a public place, gatekeepers or business owners have the right to ask the handler to remove the dog from the premises, but they should not inquire about the handler's medical history or records.
Wow! A resounding NO! Not, the answer I was expecting, but maybe due to some places not requiring immunizations and such? So I asked the same base question and added "
if shot records are required by all animals" to he question. This was the result:
Can service dog handlers be asked for shot records by gatekeepers if shot records are required by all animals?
If a business or establishment has a policy that requires all animals, including service dogs, to have up-to-date shot records as part of their admission or access policy, they may request shot records from service dog handlers. However, it's important to note that this policy must be consistently applied to all animals, not just service dogs, in order to be in compliance with the Americans with Disabilities Act (ADA) and similar disability laws in other countries.
Service dog handlers should be prepared to provide shot records if required by such a policy. This is because a service dog, like any other animal, is expected to meet the health and safety requirements set by the establishment.
However, it's crucial for businesses or gatekeepers to make sure that their policies are clear, non-discriminatory, and applied consistently to all animals. They should also ensure that their policies do not violate any disability laws or infringe upon the rights of individuals with disabilities who use service dogs. Additionally, businesses and gatekeepers should be aware that service dogs are specifically trained to behave well in public places and should not pose a health or safety risk to others.
Much better! However, the AI stated that the business has a "policy" requiring it. Would not State/County/City Law dictate that it was the policy? Time to add to the question:
Can service dog handlers be asked for shot records by gatekeepers if shot records are required by all animals within that State or County?
If local or state regulations require all animals, including service dogs, to have up-to-date shot records to access certain public spaces, then it may be permissible for gatekeepers or business owners to request shot records from service dog handlers to ensure compliance with those local or state laws. However, it's crucial for gatekeepers to be aware of the specific regulations in their area and apply them appropriately.
In this situation, service dog handlers may be asked to provide shot records in accordance with local or state laws, as long as these requirements are consistent with the legal framework governing service dogs. These requirements should also be applied uniformly to all animals, including pets and service dogs, to avoid discrimination.
Handlers should familiarize themselves with the local or state regulations regarding shot records and be prepared to provide such records if asked to do so by gatekeepers in areas where these requirements are legally mandated. Compliance with local and state laws is important, but it should not infringe upon the rights of individuals with disabilities who use service dogs as granted by disability laws like the Americans with Disabilities Act (ADA).
Finally! This is the answer I was expecting. I wanted to post this as a reminder that differently worded questions can give you different answers. It is always important to really dig in to the research you are doing, and even them you will have different people with different views and ideas about the same questions.
Here is the first interaction:
Can service dog handlers be asked for shot records by gatekeepers?
In general, gatekeepers or business owners are not allowed to ask service dog handlers for shot records or medical documentation related to their disability. The Americans with Disabilities Act (ADA) and similar laws in other countries protect the privacy and rights of service dog handlers. These laws only allow two questions to be asked by gatekeepers or business owners:
- Is the dog a service animal required because of a disability? This question is to determine if the dog is indeed a service dog and if the handler has a disability that necessitates the use of the dog.
- What work or tasks has the dog been trained to perform? This question is to understand the specific tasks or work that the service dog has been trained to do for the handler.
It's important to note that the focus should be on the behavior and training of the service dog and the needs of the handler, rather than on the handler's personal medical history. If a service dog behaves poorly or disruptively in a public place, gatekeepers or business owners have the right to ask the handler to remove the dog from the premises, but they should not inquire about the handler's medical history or records.
Wow! A resounding NO! Not, the answer I was expecting, but maybe due to some places not requiring immunizations and such? So I asked the same base question and added "
if shot records are required by all animals" to he question. This was the result:
Can service dog handlers be asked for shot records by gatekeepers if shot records are required by all animals?
If a business or establishment has a policy that requires all animals, including service dogs, to have up-to-date shot records as part of their admission or access policy, they may request shot records from service dog handlers. However, it's important to note that this policy must be consistently applied to all animals, not just service dogs, in order to be in compliance with the Americans with Disabilities Act (ADA) and similar disability laws in other countries.
Service dog handlers should be prepared to provide shot records if required by such a policy. This is because a service dog, like any other animal, is expected to meet the health and safety requirements set by the establishment.
However, it's crucial for businesses or gatekeepers to make sure that their policies are clear, non-discriminatory, and applied consistently to all animals. They should also ensure that their policies do not violate any disability laws or infringe upon the rights of individuals with disabilities who use service dogs. Additionally, businesses and gatekeepers should be aware that service dogs are specifically trained to behave well in public places and should not pose a health or safety risk to others.
Much better! However, the AI stated that the business has a "policy" requiring it. Would not State/County/City Law dictate that it was the policy? Time to add to the question:
Can service dog handlers be asked for shot records by gatekeepers if shot records are required by all animals within that State or County?
If local or state regulations require all animals, including service dogs, to have up-to-date shot records to access certain public spaces, then it may be permissible for gatekeepers or business owners to request shot records from service dog handlers to ensure compliance with those local or state laws. However, it's crucial for gatekeepers to be aware of the specific regulations in their area and apply them appropriately.
In this situation, service dog handlers may be asked to provide shot records in accordance with local or state laws, as long as these requirements are consistent with the legal framework governing service dogs. These requirements should also be applied uniformly to all animals, including pets and service dogs, to avoid discrimination.
Handlers should familiarize themselves with the local or state regulations regarding shot records and be prepared to provide such records if asked to do so by gatekeepers in areas where these requirements are legally mandated. Compliance with local and state laws is important, but it should not infringe upon the rights of individuals with disabilities who use service dogs as granted by disability laws like the Americans with Disabilities Act (ADA).
Finally! This is the answer I was expecting. I wanted to post this as a reminder that differently worded questions can give you different answers. It is always important to really dig in to the research you are doing, and even them you will have different people with different views and ideas about the same questions.
