5įundamentally, the ADA provides rights to people with disabilities and is administratively enforced, primarily by the Department of Justice. 4 Thus, the ADA’s enactment in 1990 was bold due to its applicability to not only federally funded property and programs, but also to nearly every private and public setting, offering the promise to radically improve the accessibility of public life for people with disabilities. Both the Architectural Barriers Act of 1968 and the Rehabilitation Act of 1973 pre-date the ADA however, those laws are applicable only to federally funded property and programs, such as the public housing program and public schools. While the Americans with Disabilities Act is the most well-known disability law, it was not the first federal disability rights law. HISTORY OF THE AMERICANS WITH DISABILITIES ACT This article will focus exclusively on federal law, including the ADA, Fair Housing Act and Air Carrier Access Act. Instead, this article will offer guidance on some of the most frequently encountered settings invoking the legal rights and responsibilities of people with mental impairments to have and use service and support animals. This article will not attempt to persuade the court of public opinion. Unfortunately, this web of varying legal and medical criteria can create confusion about what is allowed, by whom and where. Due to its comprehensiveness, the Americans with Disabilities Act (ADA) is perhaps the most frequently cited federal disability law however, the ADA is not the only law granting rights to people with disabilities to possess and use service and support animals. 3įrom a legal perspective, federal law is the primary vehicle to grant various categories of animals to people with disabilities for use in a variety of settings. 2 Additionally, advocacy groups are calling for federal regulations related to the licensing, training and certification requirements for service and support animals in order to establish a legitimate and regulated commercial industry, rather than an exploitative one. In response, some states, including Oklahoma, have enacted laws to punish individuals who attempt to pass a pet as a service or support animal 1 in the context of rental housing. News stories and internet searches reveal depictions of out of control animals, falsified documents and an unregulated market of companies selling unnecessary products such as vests and certifications. Legal confusion and public opinion about service and support animals abounds.
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