service dog – Animal Law Developments

by John M. Simpson.

On February 5, 2020, the U.S. House of Representatives passed, by voice vote, H.R. 4305, entitled the “Puppies Assisting Wounded Servicemembers for Veterans Therapy Act” or “PAWS for Veterans Therapy Act.” If the bill becomes law it would establish a pilot program in which grants from the Department of Veterans Affairs would be made to assess the “effectiveness of addressing post-deployment mental health and post-traumatic stress disorder … symptoms through a therapeutic medium of training service dogs for veterans with disabilities.” Among other things, grantee organizations would ensure that participating veterans would receive “training from certified service dog training instructors for a period of time determined appropriate … including service skills to address or alleviate symptoms unique to veterans’ needs.” Continue reading “Mental Health Service Dog Bill For Veterans Passes House”

by John M. Simpson

In Berardelli v. Allied Services Institute of Rehabilitation Medicine, No. 17-1469 (3rd Cir. Aug. 14, 2018), the U.S. Court of Appeals for the Third Circuit ruled that, as to service animals, the 1973 Rehabilitation Act’s mandate of “reasonable accommodations” must be interpreted and applied in the same manner as the 1990 Americans With Disabilities Act (ADA) standard of “reasonable modifications.” Therefore, even though there was no Rehabilitation Act regulation specifically so stating, the ADA regulation on public accommodations and public entities controlled. As a result, a request to an institution covered by the Rehabilitation Act for an individual to be accompanied by a service animal is “per se reasonable in the ordinary course.” Slip op. at 4. Continue reading “Third Circuit Decides Service Dog Issue of First Impression”