California has its own laws that go above and beyond the protections afforded under the ADA, providing handlers of service animals with the most extensive state-level protections of any other state in the country. Perhaps even more importantly, these laws clearly differentiate between a service dog and an emotional support animal.
How California Defines a Service Animal
According to California Civil Code § 54.1, there are three categories defined in the law: guide dogs trained through a licensed program, signal dogs trained to assist individuals who are deaf or hard of hearing, and service dogs trained specifically to do tasks for individuals with a disability, such as minimal protection work, retrieval of objects, or wheelchair pulling. Psychiatric service dogs would fall into this third category because they are trained to perform a specific task related to their disability.
Public Access and Housing Rights
Each disabled person is entitled to go with his/her guide, signal, or service animal anywhere in public without paying additional fees. Furthermore, in California, there is an important clarification that a violation of the ADA will automatically mean a violation of the state law, providing handlers with dual protection. In the context of housing, failure to provide a lease to a person using a service animal will be viewed as a denial of equal opportunity. What should be mentioned in this regard is that, apart from the ADA, California legislation provides for additional protection of service animals under training, which is not provided for in the federal act.
Penalties for Denial of Access
Interference with access by any person who denies or impedes such access is subject to liability for compensatory damages, which could be tripled to an extent not less than $1,000, in addition to attorney’s fees. Under the California laws, the term ‘interference’ is used quite liberally to encompass impeding the tasks performed by the animal.
Protections Against Harm to a Service Dog
In California, injury to a service dog on duty is considered a serious offense. When a dog owner’s negligence causes his dog to injure another dog, then he is charged with committing an infraction offense and has to pay a fine. However, when an injury to the dog occurs as a result of the owner’s reckless conduct, then the dog owner will face a misdemeanor charge and be fined between $2,500 and $5,000. Intentional injury or killing of a service dog on duty is another criminal offense, and the offender will be guilty of a misdemeanor, which entails jail terms of not more than one year, a fine of $10,000, or both, and mandatory restitution. In addition, intentional harassment of a service dog is a criminal misdemeanor offense and the offender can be jailed for six months and fined between $1,500 and $2,500.
Driving and Licensing Rules
It is mandatory for drivers to yield the right-of-way to a blind person accompanied by a guide dog and take all necessary measures to ensure the safety of the guide dog, otherwise he shall be guilty of a misdemeanor and can be jailed up to six months and fined between $500 and $1,000. Also, for obtaining a license for a service dog, an affiant should submit an affidavit which must be true, or else it will result in penalties.
Fraudulent Representation Is Explicitly Illegal
Knowingly and fraudulently claiming to be the owner or trainer of a guide, signal, or service dog is a misdemeanor, punishable by up to six months in jail, a fine of up to $1,000, or both.
The Major Update: AB 468 and Emotional Support Animals
Here comes the California state law that is extremely detailed on this matter. Starting January 1, 2022, according to AB 468, any person selling or offering a dog as an ESA must provide the buyer with a written notice that says in no uncertain terms that the dog in question is not a service dog, is not qualified for service dog rights of access, and it is a misdemeanor to claim otherwise in bold 12-point letters. Further, AB 468 requires the licensed health care providers writing the ESA documentation in California to be a holder of an active license, provide the number of the license in the letter itself and most importantly to have an existing client relationship of 30 days prior to issuance of such an ESA letter. Such 30-day rule is among the toughest in the country and is designed explicitly to put out of business the quick and same day ESA mills. Here comes the bottom line about California’s approach: service and psychiatric service dogs should be admitted anywhere in public, but ESAs are not assured that right.
A Note on Recent Federal Changes
It is also interesting to note that the HUD has made new guidelines concerning the types of animals eligible under federal fair housing protection, which require such an animal to be trained to perform a specific task in order to qualify as eligible – and the criteria have much similarity with the standards set by California in regard to the issue of service dog and ESA. The Fair Employment and Housing Act of California will cover ESAs of Californians regardless of any changes in the federal law.
FAQs
1. Are emotional support animals allowed in California stores and restaurants like service dogs are?
No. California law specifically allows service dogs and psychiatric service dogs into public places, but ESAs don’t carry that same guaranteed public access right under state law.
2. What is California’s 30-day rule for ESA letters?
In accordance with AB 468, a licensed medical professional needs to have had an established relationship with a patient for no less than 30 days before being allowed to write an ESA letter, as that regulation was meant to specifically combat same-day no-examination ESA mills.
3. Does California protect service dogs that are still in training?
Yes, California legislation offers protection to training service dogs, while doing this beyond the scope of what ADA alone allows. But that extra protection might not hold up across state lines.
4. What happens if someone harms my service dog in California?
Depending on intent and severity, penalties range from an infraction with a fine to a misdemeanor carrying up to a year in jail and a fine as high as $10,000, plus mandatory restitution for veterinary or replacement costs.
5. Is it illegal to misrepresent a pet as a service dog in California?
Yes. This is considered a misdemeanor under California law, carrying a penalty of six months’ imprisonment or a fine not exceeding $1,000, and AB 468 included extra disclosure requirements for individuals who sell anything related to an ESA.
6. Do California businesses need proof that my dog is a legitimate service dog?
No. According to ADA guidelines, only two questions can be asked by the staff: whether the dog is needed due to a disability and what work the dog does.
