If you rely on a service animal due to physical disabilities, you may have encountered some issues due to a lack of understanding about your rights. Illinois service animal regulations are in place for those who do not have their animal trained to provide specific services. Understanding service dog legal rights in Illinois is imperative for any person with a disability to avoid unfair discrimination, as well as to know their responsibilities.
Dog Bite Laws is an Illinois dog bite law firm that helps victims and provides resources for understanding Illinois service dog access laws. In this informative blog post, we provide information about Illinois disability service dogs and explain your legal rights.
Definition of a Service Dog and Qualifications
Under Illinois law, service animals are typically defined as dogs, though miniature horses that have been trained to perform specific tasks related to a person’s disability may apply in some cases. A service animal or service dog must receive training and can’t be a general pet. They may be trained to guide someone who has a visual disability or be a hearing animal that alerts a person to sounds, among many other examples.
In order to be considered a service animal, it can’t just be present to provide comfort. The distinction that qualifies a service dog or miniature horse is that it needs to be trained to perform certain tasks. You may have a mobility animal to assist with mobility issues, a seizure alert animal, or an assistance animal as long as it meets these qualifications.
Overview of Illinois Laws Regarding Service Dogs
Under Illinois law, there are further definitions provided for service animals in regards to public accommodations. These laws distinguish between service animals for physical or mental impairment and are detailed below:
Protections for a Person with a Disability
Under the Americans with Disabilities Act (ADA), a service animal is a dog that has been specially trained to conduct tasks or work to help a person who has a disability. The Americans with Disabilities Act states that this can be a physical, mental, or intellectual disability, as long as the service animal is not a pet and has task skills to assist the disabled person.
Illinois Human Rights Act
The Illinois Human Rights Act, which works in conjunction with the Federal Fair Housing Act, protects your rights as a physically disabled person in regards to rental housing. This Illinois Human Rights Law is a law that allows you to have a guide dog, hearing dog, or a dog that helps with other physical disabilities.
Illinois White Cane Law
With the Illinois White Cane Law (775 ILCS 30), public accommodations must be made for service animals that are specified as guide dogs, hearing dogs, seizure alert dogs, seizure response dogs, and support dogs. The terms aren’t fully specified under this law, but in order for a service animal to meet the requirements for these public accommodations, they need to be specially trained to assist someone who is blind, hearing-impaired, has epilepsy, or another type of physical disability. This law does not include protections for those who have mental disabilities.
Illinois Criminal Code and Service Animals
Through the Illinois Criminal Code (720 ILCS-5/48-8), service animals are more broadly defined and can be another animal, such as a mini horse, rather than a service dog. Therefore, it permits guide dogs or guide animals for the blind, hearing service animals, seizure alert service animals, assistance animals, mobility service animals, autism assistance service animals, and psychiatric service animals. This Illinois law also allows service animals that are trained to perform disability related tasks for those with mental, physical, and intellectual disabilities.
Under this law, any public accommodations that refuse to admit these service animals will face penalties.
Key Differences Between Service Dogs and Emotional Support Animals
Where do emotional support animals fit into this? Emotional support animals are defined as animals that give their owners companionship, a sense of safety and comfort for emotional conditions or disabilities. While emotional support animals do provide therapeutic benefits, they are excluded from federal and state laws because they aren’t trained to perform tasks and are more like pets. They do not qualify to have the same protections as service animals.
Owners of public places are not required to offer reasonable accommodation to people with a support dog only for emotional needs. Only service animals must be accommodated.
Public Accommodations That Must Permit Service Animals
If you have a service animal because of a disability, public accommodation must be granted as per state and federal laws. This includes hotels and other lodging establishments, rental establishments, public transportation stations, social service centers, including food banks, restaurants and places that serve food, places of public gatherings, gyms, libraries, museums, and a variety of other public areas.
In Illinois, there is also a law for service animals at public swimming facilities. Under this provision, a service animal must be admitted if it is trained to perform tasks or work in the water, except if it poses a direct threat to the health and safety of other patrons or sanitary conditions.
Responsibilities of Service Dog Owners
If you have a service animal, it is your responsibility to keep it under control. If your service dog is a direct threat to others, such as growling or snapping at other people in a public place, and you can’t control it, you and your service animal may need to leave. Similarly, you are responsible for properly cleaning and disposing of its waste.
While state laws mandate that you must have verbal control through commands to your service dog or use a harness or leash, you also cannot be charged extra fees if you have a disability related need for a service animal. Even though businesses can’t charge you differently from other patrons, they are under no obligation to provide care, food, service, or extra accommodations for your service dog.
Understanding the Penalties for Interfering with Service Dogs
Interfering with a service dog in Illinois has serious penalties. If someone intentionally interferes with a service animal by compromising the safety of the owner or the service dog itself, they may be charged with a Class B misdemeanor. Any person who intentionally hurts a service animal will likely face Class A misdemeanor charges. If the service dog is killed by these intentional actions, it is a Class D felony.
Any person who steals or wrongfully obtains a service dog will also face criminal charges. This charge is considered a Class E felony. State laws take these intentional actions very seriously. While other animals have protections, service animals qualify for more stringent protections because they provide those with disabilities the care and protection they need to enjoy their freedom.
How to Handle Discrimination Cases Involving People with Service Dogs
If you have a medical need for a service dog and are not claiming an emotional support dog as a service dog, you are granted the rights discussed above. When someone discriminates against you and your service dog despite a medical professional declaring its necessity, you can file a complaint.
Generally, complaints should be directed to the Illinois Department of Human Rights, though if it involves violations of the White Cane Law, you can also file a complaint with the State Attorney’s Office.
Knowing your rights with regards to service dogs is imperative, and while a business cannot demand that you show proof that your service animal is individually trained, they are permitted to ask if it is a service animal. They are also allowed to ask what tasks your service dog performs.
Keep in mind that service dogs must be kept under control while performing their duties. If you can’t stop them from intimidating others and enforce their good behavior, then an accommodation is permitted to ask you and your service dog to leave.
Why You May Want to Consider Legal Representation for Cases of Discrimination Involving Your Service Dog
If you experience discrimination because you need a service dog in the state of Illinois, it may be prudent to speak with an attorney. Whether you’ve suffered physical injury due to this discrimination or emotional harm, you can learn more about your legal rights.
Most attorneys provide a free consultation that allows you to discuss the specifics of the harmful event. They will listen and determine whether or not you experience disability discrimination in accordance with the law. If your service dog is fully trained and was under your complete control yet you were denied the ability to enter public spaces, it may have caused you undue emotional distress along with other financial burdens. You may be able to seek compensation for these losses.
The state laws are designed to protect vulnerable populations and allow them the same freedoms as those without disabilities. You can find more resources on our website and talk to a lawyer who can explain your potential legal options.
