Your Questions About Dog Training Boulder
George asks…
Pets at CU Boulder?
I’m headed towards CU Boulder dorms this fall in the Hallett hall. I hear that only small pets are allowed?
admin answers:
Except for trained service dogs, no pets or animals (including amphibians and reptiles) are allowed in the residence halls. Aquariums no larger than 10 gallons containing fish or turtles are permitted.
Laura asks…
Does the ADA exempt service dogs that work off leash form local leash laws?
I work with a service dog that works off leash. I am Aspergeric, a form of mild autism, who works with a physiological service dog. The dog has been trained over several years to function as a service dog. What the dog does is provide feed back and interaction which helps me control secondary characteristics of the Aspergers. Essentially by maintaining control of the dog I can control allot of characteristics that make it difficult to interact with people. The dog lets me know when I am acting inappropriately. The dog travels with me all the time including when I work, socialize, and recreate.
The problem I have now is that I was ticketed for violating a leash law and told to leave a mountain bike riding area in Boulder County, Colorado, because the Officer claimed that dogs were prohibited from even being in the cars in the park’s parking area even service dogs. Essentially I had let the dog out of the car to exercise some. In the past the dog would accompany me on rides but he is getting too old for this now. The dog still wants to accompany me on the rides and will bark if I just leave him in the car (The car is specially insulated and the windows stay down so there is no danger the dog will overheat in the car.) . What I found I could do, was to ride a short way with the dog tiring some and he will not bark when I left in the car for my ride. It was when I was doing this that I got ticketed for a Leash Law violation and ordered to leave the park by a Boulder County Sheriff Officer. The Officer did this even after I showed him the paper work from my physiologist showing that my dog was a service dog and I explained what I was doing.
I know that the ADA allows me to have the dog in the park. The problem I have now is the leash law. So far I have found only one out state case that states that a service dog that is working and is under control is not a dog at large. Does anybody have any idea how the ADA allows for leash law exemption?
admin answers:
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.
Nancy asks…
Does the ADA exempt service dogs that work off leash form local leash laws?
I work with a service dog that works off leash. I am Aspergeric, a form of mild autism, who works with a physiological service dog. The dog has been trained over several years to function as a service dog. What the dog does is provide feed back and interaction which helps me control secondary characteristics of the Aspergers. Essentially by maintaining control of the dog I can control allot of characteristics that make it difficult to interact with people. The dog lets me know when I am acting inappropriately. The dog travels with me all the time including when I work, socialize, and recreate.
The problem I have now is that I was ticketed for violating a leash law and told to leave a mountain bike riding area in Boulder County, Colorado, because the Officer claimed that dogs were prohibited from even being in the cars in the park’s parking area even service dogs. Essentially I had let the dog out of the car to exercise some. In the past the dog would accompany me on rides but he is getting too old for this now. The dog still wants to accompany me on the rides and will bark if I just leave him in the car (The car is specially insulated and the windows stay down so there is no danger the dog will overheat in the car.) . What I found I could do, was to ride a short way with the dog tiring some and he will not bark when I left in the car for my ride. It was when I was doing this that I got ticketed for a Leash Law violation and ordered to leave the park by a Boulder County Sheriff Officer. The Officer did this even after I showed him the paper work from my physiologist showing that my dog was a service dog and I explained what I was doing.
I know that the ADA allows me to have the dog in the park. The problem I have now is the leash law. So far I have found only one out state case that states that a service dog that is working and is under control is not a dog at large. Does anybody have any idea how the ADA allows for leash law exemption?
I have a court ruling that the dog is a service dog. In court it was demonstrated the dog is fully trained and that he did provide services. Documentation was provide that the dog falls under the category of physiological service dog. The dog performed these tasks off leash which he is trained to do. I am not in a wheel chair and I have the dog at work with me and in all other areas of my life. Allot of the time the dog can’t be on a leash like in the case when I am riding a bike. Right now the issue is documentation of ADA exemption or Colorado Law on working dogs exemption to leash law. What I need is actual cites of law or case law that I can present in court that I can use my service dog (Remember the court has already rule that the dog is a service dog.) off leash. I already know that there is an exemption in my case, but I need to know what I need to present to the judge.
admin answers:
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.
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