Service Animal Policy 
 

The David and Joyce Milne Public Library welcomes everyone who wishes to participate in its cultural, recreational, and learning activities. 

The Board of Trustees of the David & Joyce Milne Public Library has established the following Service Animal Policy so that we may protect our patrons’ right of access to and use of library facilities to the maximum extent possible, and in a manner consistent with state and federal disability laws. We also wish to ensure the safety of our patrons and staff, as well as to safeguard our resources and facilities from damage. 

To that end, only “service animals,” as that term is defined by Massachusetts Service Animal laws and the Americans With Disabilities Act (“ADA”), are permitted in the library. Other animals not defined as service animals according to these laws, including emotional support animals, comfort animals, and therapy dogs, are prohibited from entering the building. 

Massachusetts disability rights law and the ADA require state and local governments, including public libraries, to permit service animals to accompany persons with disabilities anywhere that members of the public are allowed to go. Subject to the provisions of this policy, the David and Joyce Milne Public Library allows service animals in its facilities and at all programs and activities.

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Legal Definition of Service Animal

Under the ADA, a “service animal” is a “dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.” The work or task performed by a service dog must be directly related to the individual’s disability. 

 

Examples include, but are not limited to, guide dogs that help those who are blind or visually impaired to navigate safely, hearing dogs that notify those who are Deaf or hard of hearing of important sounds, alert dogs that remind their handlers to take medication or let their handler know of an impending seizure, or service dogs that retrieve dropped items for an individual with limited mobility. 

While emotional support animals or comfort animals are often used as part of a medical treatment plan as therapy animals, they are not considered service animals under the ADA and Massachusetts General Law and are not allowed in the David and Joyce Milne Public Library. These support animals provide companionship, relieve loneliness, and sometimes assist individuals with depression, anxiety, and certain phobias, but they do not have specialized training to perform tasks for people with disabilities and are not covered by federal or Massachusetts law protecting the use of service animals in public places.

 

A letter stating that a person needs the animal for emotional support does not change the animal’s status into a service animal. 

 

Species of Service Animals Permitted

Under Title II and III of the ADA, service animals are limited to dogs. Other species of animals, whether wild or domestic, trained or untrained, are not considered service animals. However, entities must make reasonable modifications in policies to allow individuals with disabilities to use miniature horses if they have been individually trained to do work or perform tasks for individuals with disabilities.

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Permission and Proof 

Individuals accompanied by service animals or service animals in-training must be permitted to enter and use public premises in the same way as any other member of the public. They cannot be required to furnish proof that their animal is a service animal and do not need to obtain permission in advance of visiting the library. If a staff member is unsure whether or not an animal is a service animal, or if it is not obvious what service an animal provides to the individual, a staff member is allowed to ask the following two questions: 

 

1. Is the animal a service animal required because of a disability?

2. What task or service is the animal trained to perform? 

Further, there is no specific training requirement, certification, registration, harness, or vest required of a service animal to gain access to any public place. 

Staff of the library cannot ask any questions about the person’s disability, cannot require medical documentation, cannot require a special identification card or training documentation for the animal, and cannot ask that the animal demonstrate its ability to perform the work or task.

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Expectations and Responsibilities of Service Animal Handlers

Patrons with service animals have the responsibility of ensuring the safety of their animal and that the service animal behaves appropriately in public. All service animals must remain close to and under the control of the owner/handler at all times while in the library and must not be allowed to act in a disruptive or aggressive manner (including sniffing people or their belongings, initiating contact without the owner’s permission, jumping, barking, or growling).

 

A patron may be asked to remove their animal if: 

 

• The animal is not a service dog.

• The answer is “no” to the question, “Is the animal a service animal required because of a disability?” If the animal is a service animal in-training, however, it must be permitted to remain on the premises.  

• The patron provides an insufficient answer to the question, “What work or task has the animal been trained to perform?” An example of an insufficient answer would be, “It is my therapy (or comfort) dog.” 

• The service animal is out of control and the animal’s handler does not take effective action to control it. 

• The animal is not housebroken.

• The animal poses a direct threat to the health or safety of others.

• The animal would cause substantial physical damage to library property or the property of others.

 

Please note that the owner/handler of the service animal is responsible for any harm or damage that the animal causes to any person or property.

Patrons are welcome to return to the library without the animal.

 

Flowchart for easy reference:

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Exceptions for Library Programming 

The library may choose to host programs that include the presence of an animal or multiple animals that are not defined as service animals.

 

Such an animal is permitted in the library if it is an integral part of a library-sponsored event and if it is accompanied by a trained handler at all times. Outside groups holding events in the meeting rooms may not bring animals into the building unless the library agrees to formally co-sponsor their program.

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Conflicting Disabilities

 

The library is aware that some other patrons may have a condition or disability that precipitates an allergic reaction to animals. Persons who have asthma/allergy/medical issues and are directly impacted by the presence of a service animal in the library are directed to speak with the Director. While service dogs cannot be banned solely on the possibility of an allergic reaction, the library will strive to consider the needs of all patrons in order to come to an efficient and effective resolution.

 

Grievance Procedures

 

A patron who is dissatisfied with a decision of library staff concerning a service animal should first discuss the concern with the library Director. If the matter is not resolved through this discussion, the patron may take the grievance to the Board of Trustees.

 

Adopted February 12th, 2025

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