Herbie, the service dog, achieved public notoriety
in November of 2010, when Pearl and Irwin Jacobowitz adopted Herbie from the
animal rescue in Warren, R.I. Warren’s
animal control officer, Heidi Garity, had Herbie trained by a woman who trained
dogs mainly for combat veterans who needed assistance. The trainer also worked with stray and
shelter dogs, training them to be assist dogs.
On August 27, 2013, Laurie Burke, the reference desk
librarian, and Lydia who works at the circulation desk, complained and
submitted a written report to the director of the Barrington library, Deborah
Barchi. In the complaint, Laurie Burke
stated, “An elderly gentleman, Paul Gabarra, complained to Janet (reference
desk) that he was afraid of the dog.
Lydia and I noticed anxious looks fro mothers and children on the main
floor.” Lydia and Laurie Burke alleged
that Herbie lunged at patrons in the library and they were in fear. The Barrington Public library director,
Deborah Barchi, demanded proof that Herbie was a service dog and said that
patrons were upset that Herbie could frequent the library and their dogs could
not. Herbie barked when he sensed
danger, but he did not lunge at patrons while at the library. Herbie never came within 4 feet of any patron
in the library and was at least 10 feet away from Mr. Gabarra.
The Barrington Public Library behavior policy
states, “[P]ets (except guide animals) shall be prohibited from the
interior.” When confronted with this
situation, always request the policy relating to service dogs.
Beginning
on March 15, 2011, only dogs are recognized as service animals under
titles II and III of the ADA.
When it is not obvious what service an animal
provides, only limited inquiries are allowed. Staff may ask two questions: (1)
is the dog a service animal required because of a disability, and (2) what work
or task has the dog been trained to perform. Staff cannot ask about the
person’s disability, require medical documentation, require a special
identification card or training documentation for the dog, or ask that the dog
demonstrate its ability to perform the work or task. Allergies and fear of dogs
are not valid reasons for denying access or refusing service to people using
service animals. When a person who is allergic to dog dander and a person who
uses a service animal must spend time in the same room or facility, for
example, in a school classroom or at a homeless shelter, they both should be accommodated
by assigning them, if possible, to different locations within the room or different
rooms in the facility. A person with a
disability cannot be asked to remove his service animal from the premises
unless: (1) the dog is out of control and the handler does not take effective
action to control it or (2) the dog is not housebroken. When there is a
legitimate reason to ask that a service animal be removed, staff must offer the
person with the disability the opportunity to obtain goods or services without
the animal’s presence. Establishments that sell or prepare food must allow
service animals in public areas even if state or local health codes prohibit
animals on the premises. People with disabilities who use service animals
cannot be isolated from other patrons, treated less favorably than other
patrons, or charged fees that are not charged to other patrons without animals.
In addition, if a business requires a deposit or fee to be paid by patrons with
pets, it must waive the charge for service animals. If a business such as a
hotel normally charges guests for damage that they cause, a customer with a
disability may also be charged for damage caused by himself or his service animal.
Staff are not required to provide care
or food for a service animal.
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