Hi Joann, I recently asked our attorney about a similar dog issue. Here is what she said: It is important to note in the beginning that “serviced animal” (only dogs and miniature horses) must be permitted in the Library but “comfort animals” are not required to be allowed by federal or state law. The ADA defines a service animal as “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.” 28 CFR 36.104. To qualify as a service dog, the work or tasks performed by the dog must be “directly related to the individual's disability.” Id. If the Library is not sure whether an animal is a service animal, the ADA permits the public entity to ask only two questions: (1) whether the animal is required because of a disability, and (2) what work or task the animal has been trained to perform. 28 CFR 35.136 (f). A public entity may not, however, “ask about the nature or extent of a person's disability,” or “require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal.” Id. Relatedly, the ADA does not specifically require that the disabled individual have a medical note or prescription A public entity may ask an individual with a disability to remove a service animal from the premises if, “(1) the animal is out of control and the animal's handler does not take effective action to control it; or (2) The animal is not housebroken.” 28 CFR 35.136(b)(2). Further, an animal is not considered to be “under the control of its handler,” unless is has a “harness, leash, or other tether.” 28 CFR 36.302(c)(4). Therefore, a public entity may exclude a service animal from its premises if the animal is not on a leash or harness. If the animal is not a dog or miniature horse, the animal can be excluded. If it is a dog, I would approach the patron and ask the two questions. Jeffrey Babbitt, MLIS Director Dorr Township Library 1804 Sunset Dr. Dorr, MI 49323 616-681-9678 (o) 269-598-6929 (m) From: "Joann Simmons via Michlib-l" <michlib-l@mcls.org> To: "Michlib-l" <michlib-l@mcls.org> Sent: Wednesday, June 1, 2022 3:09:54 PM Subject: [Michlib-l] HELP!! I'm now paying attention lol Okay, I will admit to not paying attention when it is something that "no way in the world would that ever happen here" is being chatted about. It seems that in all the changes in the world lately....it's now happening here. What are the policies of dogs in the library? My response was service dogs. Emotional support. Is there something we can ask for for that or do we take their word for it? Yesterday I found out that there are no elections in our district except in November of next year. That doesn't leave room for a second chance, so I need to have my wording in by August and be on the ballot this year? How does Headlee reductions fit in to asking for my full amount back? So instead of retiring and running the Yes campaign, I will do the millage and just plain retire!! lol Joann Simmons Director Hudson Carnegie District Library (zv170) 205 S. Market St. Hudson MI 49247 517-448-3801 [ mailto:director@hudsoncdl.org | director@hudsoncdl.org ] _______________________________________________ Michlib-l mailing list Michlib-l@mcls.org https://mail3.mcls.org/mailman/listinfo/michlib-l