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Hearing Dogs and Religious OrganizationsBy Rev. Justin Vollmar Some pastors experience difficulties with Deaf people who want to bring their dogs into church buildings. These dogs are trained to function as “hearing” dogs. This means that hearing dogs provide auditory assistance to Deaf people, like alerting them to ringing telephones or doorbells. Churches and conferences are often crowded with attendees, and this creates potential risks. For example, some people are severely allergic to dogs, or active children may be curious and want to pet/play with the dogs. It is true that trained dogs generally do not bite, but they might, due to environmental stress and anxiety. There have been reports of hearing dogs snapping at—or biting—children, adults, and even pastors. Several Deaf people who own hearing dogs have claimed that the ADA requires that church officials allow them to bring their hearing dogs into churches. If we were to prohibit them from bringing their dogs, they would cry, “Violation of ADA.” This is of deep concern, because it implies potential legal action. This article will clarify the ADA’s definition of access for hearing dogs and explain why churches can, in most instances, legally prohibit hearing dogs. I. ADA Section on Service Animals. The ADA clearly states that hearing dogs must have access to public places. In the United States, the Americans with Disabilities Act prohibits any business, government agency, or other organization that provides access to the general public from barring guide dogs. Its allows hearing dogs, along with guide and service dogs, access to anywhere the general public is permitted. However, religious organizations are not required to provide such access. (Title III - Public Accommodations [and Commercial Facilities] See 42 U.S.C. § 12181–12189) [i] The purpose of the ADA is to provide full access to tax-funded, available-to-the-public areas. This includes federal, state, and local government property; any business that is open to public (restaurants, retail stores, etc.); and non-profit organizations that are open to public (homeless shelters, food pantry banks, etc.) The National Association of the Deaf (NAD) defines public property as “hotels, theaters, restaurants, doctors' and lawyers' offices, optometrists, dentists, banks, insurance agencies, museums, parks, libraries, day care centers, recreational programs, social service agencies and private schools.” [ii] As citizens, persons who are blind, visually impaired, deaf, hard of hearing, or otherwise physically disabled have the same rights as the able-bodied to the full and free use of the streets, highways, walk-ways, public buildings, public facilities, and other public places” [iii] II. Church’s Authority to Exempt Hearing Dogs. The U.S. Constitution has clearly defined church property as a private, non-profit entity. Courts have repeatedly upheld this interpretation in many rulings. Thus, churches are legally exempt from Title III regarding mandated access for hearing dogs. The ADA legal section also has advised that we can exclude service animals if they pose a direct threat to the health or safety of others (e.g., vicious behavior toward others). [iv] NAD legal service has confirmed that Title III does not apply to churches and religious organizations. However, there are some situations where this exemption does not apply:
III. Issues about Hearing Dogs. I have read the policies from some organizations that train hearing dogs. They do require hearing dogs to accompany their owners at all times. However, government law takes precedence over any organization policy. Furthermore, Deaf individuals are legally considered as owners of their hearing dogs. It means after the organization transfers the ownership of the hearing dog to the owner, the policy becomes advisory instead of mandatory. Deaf individuals with hearing dogs cannot claim organization policy as being above government laws. Some hearing dog owners may claim that they have long relied on their dogs, and that it would be disconcerting for them to be separated from them. The interpretation/view of the hearing dogs’ primary service is as a household function rather than a public assistance function. A hearing dog is a specific type of assistance dog specifically selected and trained to assist people who are deaf or hearing impaired by alerting their handler to important sounds, such as doorbells, smoke alarms, ringing telephones, or alarm clocks. They may also work outside the home alerting them to sounds such as sirens, forklifts, people approaching from behind, and a person calling the handler's name. [v] The use of “may” implies that they can be brought outside a home, but it is not their primary function. All hearing dog owners are usually Deaf, so when they are in an environment where Deaf people have full accessibility (e.g., Deaf church, school, club, etc.), the purpose of a hearing dog changes. They go from “auditory assistant” to simply being a dog. Unfortunately, some Deaf individuals use hearing dogs for reasons other than auditory assistance. The verbal accounts as reported are that they use them to provide feelings of security, companionship, or even amusement. Some have commented that they planned to buy dogs anyway, but took hearing dogs instead, because they are free. Those reasons do not justify the risk in bringing dogs into a church where there are crowds and curious children, and where the dogs may legitimately experience environmental stress and anxiety. It is this author’s opinion that hearing dogs do have value. The right to bring hearing dogs into the public to assist their owners should be respected. However, froma legal standpoint, in most cases, churches are exempt from Title III as it addresses mandated access for hearing dogs. |
