General, Housing & Transportation Rights Under Law for Service Dogs and Their People
In Kansas, a person with a disability who is accompanied by a service dog has rights under the law. Public facilities, as well as common transportation carriers, are required to admit and assist the person. This also includes dogs-in-training who are accompanied by a trainer for training purposes. Further, the law requires that in the case of a disaster, service animals are provided with transportation, temporary shelter, and evacuation if necessary.
- People with disabilities and their service dogs also have legal rights to full and equal access to housing. *Service animals are exempt from pet deposits.
- Even a property with a ‘no animals’ policy must allow a person with a disability who uses a service dog to keep the dog
- The only exception is single family homes where the occupants lease, rent or furnish for compensation only one room.
- People with disabilities must not be charged extrabecause of their dog
- In the case that there are any damages caused by the service dog, this will become the responsibility of the person using the animal
- State employees are permitted to ten days of paid leave to attend a training program which will familiarize them with a service dog
Service Dog Trainers
- Professional service dog trainers who are from a recognized training centre while they’re training the dog, are allowed any public place without having to pay an extra charge for the dog
- The trainer shall be liable for any damage done to the premises of facilities by the dog
Where Service Dogs Are Allowed
Under the law, a person with a disability does not have to be separated from their service dog when they are using a public service or public facility. This means they are allowed to go most anywhere that the general public is normally allowed or invited to go.
This is fairly self explanatory, however here are some examples:
- Streets, highways, sidewalks, walkways, public buildings, public facilities, other public places,
- places of public accommodation, amusement and resort and other places to which the public is invited
- All common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats or any other public conveyances or modes of transportation
- hotels, lodging places and places of public accommodation
- amusement or resort, including food service establishments and establishments for sale of food
- other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons
Proof of Certification Not Required by Law
People with disabilities are not required under the law to show proof of certification for their service dog.
Public establishments may only ask two things to a person with a disability using a service dog, and those are:
- Is the animal required because of a disability?
- What type of work is the dog trained to perform?
Establishments May Not:
- ask about the person’s disability
- require medical documentation
- require a special identification card or training documentation for the dog
- ask that the dog demonstrate its ability to perform the work or task
If Access is Denied
If a person with a disability is denied access (or experiences interference) to facilities because of their animal, a misdemeanour will apply to the offending party.
Definition of Service Animal in Kansas
“Service dog” means a dog which has been specially selected, trained and tested to perform a variety of tasks for persons with disabilities. These tasks include, but are not limited to: Pulling wheelchairs, lending balance support, picking up dropped objects or providing assistance in, or to avoid, a medical crisis, or to otherwise mitigate the effects of a disability.”Assistance dog” means any guide dog, hearing assistance dog or service dog.
“Guide dog” means a dog which has been specially selected, trained and tested for the purpose of guiding a person who is legally blind.
“Hearing assistance dog” means a dog which is specially selected, trained and tested to alert or warn individuals who are deaf or hard of hearing to specific sounds.
“Professional therapy dog” means a dog which is selected, trained and tested to provide specific physical or therapeutic functions, under the direction and control of a qualified handler who works with the dog as a team, and as a part of the handler’s occupation or profession. Such dogs, with their handlers, perform such functions in institutional settings, community based group settings, or when providing services to specific persons who have disabilities.
“Professional therapy dog” does not include dogs, certified or not, which are used by volunteers for pet visitation therapy.
Check out the official laws here:
Harming Service Dogs – Penalties
- not less than 30 days or more than one year’s imprisonment
- and a fine of not less than $500 nor more than $5,000
- offender shall have a psychological evaluation
- conditions shall include, but not be limited to, the completion of an anger management program
Register & Certify Your Service Dog in Kansas
The truth is that you are not legally required to register or certify a service dog in Kansas or any other state in the US. Service dogs are protected under the ADA, Americans with Disabilities Act. Registration and certification is possible – but completely optional – and does not convey any legal rights under the ADA or the Department of Justice.