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Rules and Regulations regarding Service Dog Tags


As part of a comprehensive review and reform to the Health Code, the Board of Health approved several changes to Section 161 of the Health Code. The amendments included introducing a description of the word "service dog" which allowed the Department to issue a second tag to the owner of a service dog, at no additional cost, in addition to a standard license. These tags had been available elsewhere in the department. One can even bulk buy dog tags in these departments.


While the Health Code regulations requiring the Department to issue service dog Identification tags appear well-intentioned, their presence could in effect be undermining the aims of the ADA and the New York State and City Human Rights Laws. The ADA forbids places of business or other public housing, landlords and employers from discriminating toward individuals with disabilities. This discrimination involves a refusal to allow the entry of a service animal, which is identified by the ADA as any specially trained dog to do work or perform tasks for the benefit of a disabled person, regardless of whether the animal has a particular tag identifying it as a service dog.

Free Service dog tags
Since the Department introduced the free service tag for pets, some agencies became confused and wrongly accommodated only people whose service dogs wear them. Similarly, the Department was told that certain people with disabilities wrongly thought they needed to wear service dog tags to exercise their law enforcement rights. Indeed, the ADA regulations explicitly specify that a public accommodation or agency "shall not require documentation, such as evidence that the animal has been registered, trained or licensed as a service animal".

Final Decision
To eliminate the inadvertent obstacles created by the Health Code's inclusion of service dog tags, the Health Board repeals the requirement and eliminates the definition of "service dog" from Article 161 of the Health Code. The Mayor's Office for People with Disabilities and the City Commission on Human Rights agree that the Department should stop issuing service dog tags because the tags are not needed; both organizations are worried that the tags could potentially work to the detriment of people with disabilities and appear to confuse certain business owners, causing them to unwittingly violate the ADA.

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