Service Dog Laws and Rights in Colorado
Service dogs play a critical role in enhancing the lives of individuals with disabilities. In Colorado, as in other states, these dogs are not just pets—they are vital partners in supporting their handlers’ daily activities. Whether you are seeking to get a service dog, or you are already a handler, it is essential to understand the legal rights and responsibilities surrounding service dogs in Colorado.
This comprehensive guide will cover the state and federal service dog laws, your rights under Colorado law, how to handle potential discrimination, and practical steps for obtaining and caring for a service dog. We’ll also explore the legal protections for service dog handlers in public, housing, and employment settings.
Definition of a Service Dog in Colorado
In Colorado, as with federal law, the definition of a service dog is broad but clear. A service dog is any dog that has been individually trained to perform tasks or do work for the benefit of an individual with a disability. This includes physical disabilities, psychiatric conditions, and medical needs. Some of the common roles service dogs perform include:
• Guide dogs for individuals with vision impairments
• Hearing dogs for individuals who are deaf or hard of hearing
• Mobility assistance dogs for individuals with physical disabilities
• Medical alert dogs for conditions such as diabetes, epilepsy, or severe allergies
• Psychiatric service dogs (PSDs) for mental health conditions like PTSD, anxiety, or depression
It’s important to note that while all service dogs are individually trained to perform specific tasks related to their handler’s disability, emotional support animals (ESAs) and therapy dogs are not considered service dogs under the law because they are not trained to perform specific tasks that aid with a disability.
Colorado State Laws Regarding Service Dogs
Colorado law strongly aligns with the Americans with Disabilities Act (ADA) and the Colorado Civil Rights Act (CCRA), which protect the rights of individuals with disabilities, including those who rely on service dogs. The Colorado Civil Rights Act (CCRA), specifically, prohibits discrimination against individuals with disabilities, ensuring that service dog handlers have the right to access public spaces without facing barriers due to their disability or the presence of their service dog.
Public Access Rights
Under Colorado law, service dogs are permitted in all public places where members of the public are allowed. This includes:
• Restaurants and cafes
• Public transportation
• Retail stores and shopping centers
• Medical facilities and offices
• Airports and government buildings
However, certain exceptions exist where service dogs may not be allowed. For example, in areas where the presence of a dog would pose a risk to safety or health (such as an operating room or food prep areas), service dogs may be restricted.
Public Access and Restrictions
While Colorado law provides broad access rights for service dogs, it’s important to recognize the few situations in which these dogs may be restricted. Colorado businesses, government offices, and other public entities are required to make reasonable accommodations for service dogs, including providing them access to all areas where the public is allowed. However, the following situations may limit access:
• Safety concerns: If the dog’s behavior poses a risk to others or is disruptive, it may be asked to leave. For instance, if the dog barks excessively or behaves aggressively, it could be a safety hazard.
• Specialized areas: Certain areas may prohibit dogs altogether (e.g., sterile medical settings, kitchens in restaurants, or places where animals could compromise public health and safety).
If you find yourself being denied access due to the presence of your service dog, you have the right to seek legal recourse. If the business or public entity denies access unjustly, you can file a complaint with the Colorado Civil Rights Division (CCRD).
Service Dog Identification and Certification in Colorado
Unlike some states, Colorado does not mandate that service dogs be formally certified or registered. According to the ADA and Colorado law, service dogs do not require official certification or identification to be recognized as legitimate service animals. However, it can be beneficial for service dog handlers to carry some form of identification to help signal to others that their dog is a service dog.
Many handlers choose to register their service dog with a professional organization, such as Assistance Dog Partners (ADP), which offers registration services and the option for handlers to obtain an ID card or vest for their dog. These tools can be useful in preventing unnecessary questions or challenges regarding the dog’s status in public places.
It’s important to note, however, that while service dogs are not required to be registered, registration can make interactions with the public smoother and help handlers avoid unnecessary disputes.
Housing Rights for Service Dog Handlers in Colorado
The Fair Housing Act (FHA) provides critical protection for individuals with disabilities who rely on service dogs. Under federal law and Colorado state law, landlords must allow tenants with disabilities to have service dogs, even if the property has a “no pets” policy. Landlords cannot charge a pet fee or deposit for service animals, and they are also required to make reasonable accommodations to tenants who use service dogs.
Rights of Tenants with Service Dogs
Service dog handlers in Colorado are entitled to:
• Live with their service dog in rental properties: Landlords must make accommodations for service dogs, even if their lease agreements prohibit pets.
• Exemption from “no pets” policies: Service dogs are not considered pets, so they are exempt from any rules that apply to other animals in the building.
• No additional fees: Landlords cannot charge extra fees or deposits due to the presence of a service dog.
If a landlord refuses to accommodate your service dog, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD) or the Colorado Civil Rights Division (CCRD). Legal action can help enforce your right to live with your service dog without discrimination.
Employment Rights for Service Dog Handlers in Colorado
In Colorado, as per the Colorado Anti-Discrimination Act (CADA), service dog handlers are entitled to request accommodations in the workplace. If a person with a disability requires a service dog to perform tasks related to their work duties, the employer is legally obligated to provide reasonable accommodations unless it creates undue hardship for the business.
Employers must allow service dogs in the workplace unless there is a legitimate safety concern or if the animal’s presence would significantly disrupt the business operations.
Requesting Workplace Accommodations
To request an accommodation for your service dog at work:
• Submit a formal request: Inform your employer that you require a service dog for your disability-related needs.
• Provide relevant documentation: Employers may request information regarding the disability and the tasks the service dog performs. However, they cannot ask for details about the disability itself.
• Be proactive: It’s often helpful to work with HR to find solutions that allow your service dog to accompany you to work.
How to Train a Service Dog in Colorado
Training a service dog in Colorado is an essential aspect of ensuring that the dog performs the necessary tasks to assist with your disability. While the ADA does not require service dogs to be trained by professional trainers, most handlers prefer to work with experienced trainers to ensure that their dogs are adequately prepared for public access and specific tasks.
Training Options
There are two main options for service dog training:
• Self-training: Some individuals choose to train their own service dog. This option can be less expensive, but it requires a deep commitment and understanding of dog training techniques. It is recommended that individuals self-train with guidance from experienced trainers to ensure their dog is prepared for public access.
• Professional training: Many people prefer to work with professional trainers or accredited organizations like Assistance Dogs International (ADI) to ensure their service dog is trained correctly. These programs provide structured training to help dogs learn specific tasks and pass public access tests.
Responsibilities of Service Dog Handlers in Colorado
As a service dog handler in Colorado, you have a few key responsibilities to ensure your dog remains well-behaved and performs the necessary tasks:
• Maintain control over your service dog: You are responsible for keeping your dog under control at all times. This means your dog should not cause disruptions in public spaces or businesses.
• Proper care and grooming: Service dogs must be healthy, clean, and well-groomed. Regular veterinary care is necessary to ensure the dog is physically fit and able to perform its duties.
• Behavior management: If your service dog behaves aggressively or disruptively, you may be asked to remove it from the premises. It is essential to address behavioral issues promptly to avoid conflicts.
Legal Protections Against Service Dog Discrimination
Under both Colorado law and federal law, service dog handlers are protected from discrimination. This includes protection in public spaces, housing, and employment. If you are denied access to a public space, housing, or a workplace due to your service dog, you have the right to file a complaint with state or federal authorities.
Filing Complaints
• In public spaces: If a business refuses to allow your service dog, you can file a complaint with the Colorado Civil Rights Division or the U.S. Department of Justice.
• In housing: If you are discriminated against in housing, you can file a complaint with HUD.
• In employment: If your employer discriminates against you based on your need for a service dog, you can contact the Colorado Civil Rights Division or file a complaint with the Equal Employment Opportunity Commission (EEOC).
Conclusion
Service dogs play a vital role in the lives of individuals with disabilities, and understanding the laws and rights that protect service dog handlers in Colorado is essential. This guide has provided an in-depth look at service dog laws, public access, housing rights, employment protections, training, and how to handle discrimination. By knowing your rights and responsibilities, you can ensure that you and your service dog are treated fairly and with respect under Colorado law.
