Derek Dittmar Authors NCADA Article on Service Animal Law

Raleigh, N.C. (December 29, 2023) – Raleigh Associate Derek J. Dittmar recently authored an article for the North Carolina Association of Defense Attorneys (NCADA) about service animal protection under the Americans with Disabilities Act (ADA), and his personal experiences with his guide dog Labrador retriever named Howard.  

According to Mr. Dittmar, who has been with Howard for over nine years, “working with a guide dog, as compared to using a white cane, feels like riding a motorcycle. The cane allows you to identify obstacles and safely navigate them. A guide dog skips the obstacles entirely, focusing instead on maintaining its straight line of travel.” 

The article goes on describe how many business owners and members of the public are unaware of the federal and state laws that protect service animals, and differences between them and emotional support animals (ESAs). Service animals are protected under the ADA and state law, but ESAs only receive protection under housing law. 

Mr. Dittmar discussed his perspective as a defense attorney, and how he understands that his clients might want to be accommodating to disabilities, but cautious about risk of litigation associated with fake service animals.  

“In order to determine whether an animal is a service animal, members of the public may only ask the handler two questions,” wrote Mr. Dittmar. “First, they may ask if the service animal is required because of a disability. Note that they may not ask the nature of the disability. Second, they may ask what work or tasks the animal has been trained to perform.” 

The article concludes with Mr. Dittmar noting how employers should note that allowing a service animal as a modification to a “no pets at work” policy has been repeatedly recognized as a reasonable accommodation by the ADA, and North Carolina state general statutes provide more robust protection for service animal teams.

“Service animals change lives, but they are only able to do their jobs when people understand the ways in which the law protects, and limits, working animals,” penned Mr. Dittmar.  

Mr. Dittmar is a member of the General Liability Practice and a member of the ADA litigation subgroup. He holds the Certified Professional in Accessibility Core Competencies (CPACC) certification on disability accessibility from the International Association of Accessibility Professionals, and commonly speaks, writes, and consults on issues of disability accessibility, accommodation, and best practices. 

Read the full NCADA article here.