The Honolulu Police Department (HPD) is committed
to maintaining a nondiscriminatory environment that
treats those with disabilities and their service
animals, along with all members of the public, with
respect and fairness. To this end, the department’s
conduct toward individuals with service animals are
in line with guidelines established by the Americans
with Disabilities Act (ADA).
A. Disability: A physical or mental impairment
that substantially limits an individual’s ability
to perform one or more of the major life activities.
B. Handler: A person with a disability having custody of a service animal.
C. Service animal: Any dog individually trained
to do work or perform tasks for the benefit of a
person with a disability, including a physical,
sensory, psychiatric, intellectual, or other mental
disability. Other species of animals, whether wild
or domestic, trained or untrained, are not service animals.
D. Work or task: A specific job or action a service
animal is trained to perform to assist the person with
a disability. The work or task performed by the service
animal must be directly related to the person’s disability.
For example, assisting individuals who are blind or have
low vision with navigation or other tasks, alerting individuals
who are deaf or hard of hearing to the presence of people
or sounds, and pulling a wheelchair.
IDENTIFICATION OF SERVICE ANIMALS
A. Persons with disabilities are not required
to possess or provide any type of identification,
license, or certification for their accompanying
service animals. While some may choose to outfit
their service animals with an identifying item,
the animal is not required to wear any special
harness, vest, or other item of identification.
Therefore, personnel shall not request or require
the production of such an item.
B. When it is not obvious what service the dog
provides, personnel may ask only two questions:
1. “Is the dog required because of a disability?”
keeping in mind that the disability itself need
not be disclosed to the officer; and
2. “What work or task has the dog been trained to do?”
Serving as a crime deterrent by its presence or
providing emotional support, a sense of well-being,
comfort, or companionship does not constitute work
or tasks that qualify a dog as a service animal.
ACCESS AND CONTROL OF SERVICE ANIMALS
A. Individuals with disabilities shall be permitted
to be accompanied by their service animals in all
public areas of police facilities where members of
the public are normally allowed to go.
B. Service animals are required to be under the
control of their handlers by a harness, leash,
or other tether unless a tether would interfere
with the service animal’s safe, effective performance
of its work or task. In such situations, the
service animal must be under the handler’s control
by the use of signals, voice commands, or other effective means.
C. A service animal may be removed from the premises if:
1. It is not housebroken;
2. Its handler cannot control the dog’s behavior; or
3. If it poses a direct threat to the safety of personnel
or members of the public.
When it is necessary to remove a service animal, the
individual with a disability shall be afforded the
opportunity to remain without the service animal.
ENFORCEMENT AND ARRESTS
A. Service animals are not pets and may react in
a negative or protective mode when touched or when
the control of the handler is interrupted. Personnel
should not attempt to touch a service animal as the
gesture may interfere with the animal’s work and/or
the handler’s control.
B. Personnel shall not interfere with the work or
task being performed unless it compromises the
legitimate safety requirements for the safe operation
of a law enforcement activity.
C. If the service animal must be separated from its
handler, personnel shall describe to the individual
what action is needed and allow the individual to
direct the animal to stop working or rest, as appropriate.
An attempt to forcibly separate a service animal
from its handler should be avoided and done only
in extreme situations, such as an emergency or if
there is imminent danger.
D. If a person with a service animal is being arrested,
the individual should be permitted to make arrangements
for the care of the animal prior to transport. If the
arrestee is unable to arrange for the animal’s care,
the supervisor in charge of the situation should make
arrangements for the transport and care of the animal.
Complaints of discrimination may be reported to
the HPD employee’s immediate supervisor, department’s
Professional Standards Office, or city’s ADA program manager.
A. The commander of the Training Division shall
ensure that the contents of this directive is
incorporated into the basic recruit training curriculum.
B. Departmental employees to include contract hires,
volunteers, and interns shall receive training on
this policy no later than 30 days from the first day of hire.
C. Element commanders shall ensure that all in-service
and roll call training is consistent with this policy.