Which one to follow? Service animal policy in the United States

Abstract

BackgroundService animals are an invaluable resource to improving health among individuals with disabilities, and their use is steadily growing. Yet, United States’ current federal and state policies surrounding service animals are contradictory and burdensome, and often do not adequately protect the rights of service animal handlers. ObjectiveTo review each state’s service animal policies surrounding criminal interference, misrepresentation of a service animal, and public accessibility. To also identify inconsistencies among states’ individual policies, between state policies, and between state and federal policies, and discuss the implications of these inconsistencies. MethodsWestlaw legal research database was used to comprehensively review each state’s policies regarding the use of a service animal. Results26 states have one or more policies that are incongruous with the Americans with Disabilities Act. Further, 34 states have contradictions within their own policies and between other states. 31 states provide protections against fraudulent service animals, and there are variations in the degree of protection and ability to enforce these laws. ConclusionsBecause service animals are a vital resource to this particularly vulnerable population, it is imperative that our policies encourage their use and protect the rights of handlers. Yet, inconsistencies among current policies create confusion and ultimately deter individuals with disabilities from taking full advantage of their service animal. We are in need of clear, cohesive policy at all levels of government in order to improve health literacy and ensure that those with disabilities are able to benefit from the positive health impacts of a service animal.