Policy on Animals in the Public Library
Purpose
To ensure compliance with the 1990
Federal Americans with Disabilities Act (ADA) and Minnesota State
law regarding the presence of service or assistance animals in
public facilities.
To more clearly define various types of service/assistance animals and provide guidelines to Library employees.
To protect Library patrons, staff and property from injury within Library facilities with the exception of animals invited to participate in programs sponsored by the Duluth Public Library.
Policy
It is the policy of the Duluth Public
Library to prohibit all animals from entering Library facilities,
with the exception of service animals, service animal trainees
and animals featured in programs sponsored by the Duluth Public
Library.
Definitions
"Service animals are animals
that are individually trained to perform tasks for people with
disabilities-such as guiding people who are blind, alerting people
who are deaf, pulling wheelchairs, alerting and protecting a person
who is having a seizure, or performing other special tasks. Service
animals are working animals, not pets."
If they meet this definition, animals are
considered service animals under the ADA regardless of whether
they have been licensed or certified by a state or local government.
[Source: U.S. Department of
Justice, Civil Rights Division, Disability Rights Section, ADA
Business Brief: Service Animals, April 2002.]
The terminology used to label the specific types of work dogs perform for people with disabilities has not been standardized. Dogs trained to help a person walk might be referred to as a mobility dog, a walker dog or a support dog. Some animals are cross-trained to perform more than one category of work, such as a guide/mobility dog. Many individuals prefer to identify their service animal generically to avoid disclosing the nature of their disability. While most service animals are dogs, other service animals include cats, monkeys, birds and miniature horses.
Assistance animals is a newer term being proposed to replace the term "service animals." It is similar to a service animal but instead of limiting the animal to assisting one person with a disability, an assistance animal works either with a specific person with a disability or a group of people with disabilities under the guidance of a trainer or owner. The animal's training is similar to that given service animals.
Companion animals are pets and may be excluded from Library facilities.
Social/therapy animals are usually service animals that did not complete training and have become the pet of a person with a disability. Other therapy animals are the personal pets of their handlers and work with their handlers to provide services to others, such as patients in nursing homes. Therapy animals might or might not meet the definition of service animals, but service animals are not pets. Pets are not allowed in the Duluth Public Library. Federal laws do not legally define therapy animals, but some states have laws defining therapy animals. Federal laws also have no provisions for people to be accompanied by therapy animals in places of public accommodation that have "no pets" policies.
Minnesota
State Statutes
According to Minnesota state law, "It is an unfair discriminatory
practice for an owner, operator, or manager of a hotel, restaurant,
public conveyance, or other public place to prohibit a blind or
deaf person or a person with a physical or sensory disability
from taking a service animal into the public place or conveyance
if the service animal can be properly identified as being from
a recognized program which trains service animals to aid blind
or deaf persons or persons with physical or sensory disabilities,
and if the animal is properly harnessed or leashed so that the
blind or deaf person or a person with physical or sensory disability
may maintain control of the animal.
[MN Statutes 363A.19, 2003
Supplement]
Every totally or partially blind, physically
handicapped, or deaf person, or any person training a dog to be
a service dog shall have the right to be accompanied in any of
the places listed in section 363.03, subdivision 10. The person
shall be liable for any damage to the premises or facilities by
such a dog. The service dog must be capable of being properly
identified as from a recognized school for seeing eye, hearing
ear, service, or guide dogs.
[MN Statutes, 256C.02, 2002]
Guidelines
Under the Americans with Disabilities Act (ADA), organizations
that serve the public, like the Duluth Public Library, must allow
people with disabilities to bring their service animals into all
areas of the facility where customers are normally allowed to
go.
The ADA provides greater protection for individuals with disabilities and so it takes priority over local and state laws and regulations.
Library employees may ask if an animal is a service or assistance animal required because of a disability ("Are you disabled?") or ask what tasks the animal has been trained to perform. Employees cannot generally require documentation such as special ID cards or proof of certification for the animal or ask about the specific nature of a person's disability, e.g. "Are you blind?" or "Are you under a physician's care for this?"
People with disabilities who use service animals cannot be isolated from other patrons or employees or treated less favorably than other patrons or employees.
A person with a disability cannot be asked to remove his or her service animal from the premises unless:
The Library is not required to provide care or food for a service animal or provide a special location for it to relieve itself.
The only persons permitted to bring assistance animals or assistance animal trainees into Library facilities are persons who require the assistance of such an animal and assistance animal trainers. All assistance animals or assistance animal trainees must remain under a responsible person's control and on a leash at all times.
Liability
Violators of the ADA can be required to pay money damages and
penalties.
If the Library normally charges patrons for damage they have caused, a customer with a disability may be charged for damage caused by his or her service animal.
A person utilizing a service animal or a service animal trainer may be liable for all injury and damage caused by his or her animal while within Library facilities.
ADA
Business Brief: Service Animals
http://www.usdoj.gov/crt/ada/svcanimb.htm
Commonly
Asked Questions About Service Animals in Places of Business
http://www.usdoj.gov/crt/ada/qasrvc.htm
Resources
ADA Information Line: 800-514-0301
ADA Business Connection
http://www.ada.gov
Crawford, Jacqueline J. and Karen A. Pomerinke. Therapy Pets: The Animal-Human Healing Partnership. Amherst, N.Y.: Prometheus Books, 2003, pp. 168-69.
Minnesota Disability Law Center, Suite 528,
Board of Trade Building,
Duluth, MN 55802. Telephone: 218-722-5625
Service Animal
Etiquette
Library employees may legally ask a person using the Library with
an animal the following questions:
Employees may not ask what kind of disability the person has nor request proof that the animal is certified.
Do not touch the service animal or the person it assists without permission. This applies to both employees and customers of all ages. The service animal may or may not be wearing a vest with printing on it, such as "I am working. Please do not pet me."
Do not make noises at a service animal; it may distract the animal from doing its job. The behavior of children near an animal may be unpredictable, so staff should be alert.
Do not feed a service animal; it may disrupt his/her schedule.
Do not be offended if the person does not feel like discussing the assistance the service animal provides; not everyone wants to be a "show-and-tell" exhibit.
Adopted September 28, 2004
Duluth Public Library Board
