Service animals are becoming increasingly common in various public settings, including courthouses, where they assist individuals with disabilities or special needs. As accessibility and trauma-informed practices receive more attention in the justice system, the use of service dogs in courthouses has become a topic of consideration regarding inclusivity and support for participants. To help courts support the roles of service animals in the courthouse, it is necessary to define service dogs within the courthouse context, review their training, functions, legal aspects, and assess how they affect judicial proceedings. Here are some points to consider.
Service Dogs vs. Support Animals vs. Court Facility Dogs
Service Dogs
A crucial distinction must be made between service animals and emotional support animals when considering their presence in courthouses. Service animals, most often dogs, are individually trained to perform specific tasks directly related to a person’s disability. We all know the seeing-eye dogs that guide individuals with visual impairments, but other service animals may assist their handlers who have mobility issues with daily tasks or alert them to medical conditions.
The use of service dogs in courthouses is not only a matter of accessibility but also of legal compliance. Laws such as the Americans with Disabilities Act (ADA) mandate that individuals with disabilities have the right to be accompanied by their service dogs in most areas where the public is allowed.
Emotional Support Animals
In contrast, many emotional support animals do not require specialized task-based training. Their primary role is to provide comfort and emotional support through their presence. While they may be invaluable for their handler’s well-being, emotional support animals are not granted the same legal access to courthouses as service animals.
Some courts may permit their presence under certain circumstances, but such permission is typically determined on a case-by-case basis and lacks the broad protections afforded to service dogs.
However, while ADA does not mandate accommodations for emotional support animals, some state and local laws may offer broader protections than the ADA. It's advisable to check with your state and local government agencies for more information.
Court Facility Dogs
A third type is often referred to as the court facility dog, or courthouse dog. These dogs are a type of emotional support animal that have been specially trained in their role to provide emotional support and comfort in trauma-informed courts to victims, witnesses, law enforcement officers, and, in some cases, even in-custody defendants.
The U.S. Senate passed the Courthouse Dogs Act in 2020, which permits the use of certified emotional support animals, such as courthouse dogs, with certified handlers to provide emotional assistance in federal courtrooms.
Courthouse dogs are overseen by the court system but may be part of an independent organization with highly trained and certified handlers who help the dogs provide their necessary services to those in need of them.
A common use for courthouse dogs is to provide a calming presence for children involved in domestic proceedings, helping to ease the emotional distress associated with being involved in such proceedings. Some specific types of individuals whom courthouse dogs have been trained to provide emotional support are the following:
- Victims and Witnesses: It may be intimidating to give testimony, especially in cases involving violence or abuse, which could lead to emotional distress. Emotional support dogs may sit with a witness before or after testimony, or in some cases nearby during proceedings, offering physical comfort.
- Children: Young witnesses and participants often experience particular fear and confusion in court. The nonjudgmental and soothing presence of an emotional support dog can help children express themselves more freely and reduce trauma.
- Defendants: Some courts permit emotional support dogs to accompany defendants, particularly those with mental health issues, to help regulate emotional responses and promote composure.
- Everyone else: In some cases courthouse dogs and their handlers might roam the courthouse providing a gentle friend to anyone who might be present.
Studies have shown several benefits to utilizing courthouse dogs, including the following:
- Reducing Trauma: These dogs provide comfort to victims, witnesses, and even defendants, helping reduce emotional distress.
- Promoting Accurate Testimony: Calm nerves can lead to clearer testimony, contributing to more reliable judicial outcomes.
- Dignity and Support: Their presence brings a sense of emotional security to an often intimidating, formal environment.
Architectural Accommodations and Protocols
Certified service dogs in courthouses require architectural accommodations that support ADA compliance, handler functionality, and trauma-informed principles.
Although emotional support animals and courthouse dogs are not protected under ADA, similar considerations should be given to them as they are becoming a more common sight in today’s courthouses.
Entry and Exit Design
Provide hands-free automatic doors, such as those with a “push to open” button for access for handlers with mobility challenges. One consideration is an option to have a separate private access for vulnerable individuals accompanied by service dogs to reduce stress and maintain confidentiality.
At the security screening area, have a designated lane for handlers and service dogs or support animals, and protocols to pass through without disruption. Security personnel should be trained in the proper protocols for allowing access for both service dogs and emotional support animals.
Access and Circulation Requirements
The circulation path requirements for service dogs match what is required already by ADA, which is minimum 36-inch-wide corridors, ramps with proper slope, and elevators for accessing multi-level buildings.
Other considerations would be non-slip flooring, again similar to current ADA requirements. While ADA does not specify exact non-slip standard, it does call out rubber, sealed concrete, or textured tile to prevent injury and support mobility.
In addition, ensure that there is clear signage indicating the welcome inclusion of service and support animals, as well as wayfinding that includes dog-friendly routes and relief areas.
Courtroom Integration
Courtrooms need to be designed to accommodate the use of service and support animals. Some spectator seating areas should have designated spaces under or beside them for the service animal to sit or lie down. The witness stand, in addition to requiring basic ADA accessibility, must provide sufficient space for a service or support animal to lie down beside or at the feet of a witness without obstructing movement or view. Jury box areas designated for wheelchairs could also accommodate service animals.
Relief and Hygiene Zones
Provide a designated outdoor grassy relief area with waste disposal stations, possibly enclosed by a fence. In colder climates, consider indoor alternative areas with artificial turf pads and drainage areas. Apart from the designated relief stations, sanitation stations should be available with cleaning supplies for handlers and staff.
Quiet Room and Handler Support Spaces
The handler of a courthouse dog used for emotional support is often also a professional or volunteer victim advocate. The handler should have an office or lounge available to rest the dog and care for it as a base of operations while in the courthouse, which can act as a quiet room for both the handler and the dog’s well-being. Provide a dog crate and storage cabinets for bowls, leashes, and grooming tools.
Protocol Awareness
Judges, attorneys, court staff, and other participants must also be educated on service dog etiquette. This includes understanding that service dogs are working and should not be approached, touched, or talked to without the handler's permission. In addition, there may be times when the dog needs to perform a task, such as fetching a dropped item or providing deep pressure therapy (a trained behavior that may ease handler tension), and these actions should not be misconstrued as disruptive.
Enhancing Justice Through Service Dog and Support Animal Integration
Despite potential challenges, the integration of service and emotional support dogs into the court system has had a profound impact. They help to level the playing field for individuals with disabilities, offering a sense of calm and security. Their presence has been shown to reduce stress, improve witness testimony, and create a more empathetic environment.
As courthouses continue to evolve to meet the needs of all users, it's vital to consider the role of service dogs in the design and operation of these spaces. By incorporating thoughtful amenities and educating staff, we can ensure that the justice system remains accessible and equitable for all, including those who rely on the steadfast support of their furry companions.
