28 MAY 2018 • FOGHORN LEGISLATIVEREPORT excluding the dog. Keep in mind that the vessel operator cannot ask about the person’s disability, require medical documenta- tion of the disability, ask for a special identification card or training docu- mentation for the dog, or demand that the dog demonstrate its ability to perform the work or task. PVA recognizes that the Justice Department rule is open to potential abuse, particularly by a person who is willing to lie and who knows the “magic answers” to the two allowable questions about the dog. In such an un- fortunate (and hopefully rare) instance, it is probably best to acquiesce to the dog’s presence. Emotional Support Animals One contentious recurring issue is the concept of an “emotional support animal” or “comfort animal.” This type of animal is not recognized as a service animal for purpose of the Justice Department’s ADA rule. Keep in mind that a person with no disability has no rights conferred by the ADA. Also remember that the Justice Department rule recognizes only a dog (or a miniature horse) as a legitimate service animal. This will help “weed out” an emotional support animal of other species. This still leaves the question of an alleged “emotional support dog.” This is a problem that seems to be prolif- erating. An emotional support dog provides comfort to or relieves anxiety of its handler, but it has not been trained to do work or perform a task for a person with a disability. The Justice Department maintains a useful ADA information website. Search for “Frequently Asked Questions about Service Animals and the ADA.” On this site, one finds the following question and answer: “Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA? No. These terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA. However, some State or local governments have laws that allow people to take emotional support animals into public places. You may check with your State and local govern- ment agencies to find out about these laws.” Excluding a Legitimate Service Dog In a few limited instances, a service dog may be lawfully excluded for a public accommodation, including a passenger vessel. The service dog must be under the control of the person with the disability. This generally means that the animal must be harnessed, 2570 Beverly Dr. #128, Aurora, IL 60502 T 630.236.3500 CENTA Power trAnsmIssIon LeADIng By InnovAtIon • USA based production • Over 20 unique designs • Over 16 million sold • Torsional vibration experts Trust CENTA – The Global Innovator Since 1970 CENTALINK Carbon Fiber Driveshafts Innovative flexible couplings for marine applications