What Can I Legally Ask About Service Animals

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Service Animals

The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (Land and local government services) and title 3 (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, contain updated requirements, including the 2010 Standards for Attainable Design (2010 Standards).

Overview

This publication provides guidance on the term "service animal" and the service animal provisions in the Department'south regulations.

Beginning on March 15, 2011, only dogs are recognized every bit service animals nether titles II and III of the ADA.
A service animal is a domestic dog that is individually trained to do work or perform tasks for a person with a disability.
By and large, title II and title III entities must permit service animals to accompany people with disabilities in all areas where members of the public are allowed to go.

How "Service Animal" Is Defined

Service animals are defined as dogs that are individually trained to practice work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental affliction to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an feet set on, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person'southward disability. Dogs whose sole role is to provide comfort or emotional support do non qualify as service animals under the ADA.

This definition does not affect or limit the broader definition of "assistance animal" under the Fair Housing Human action or the broader definition of "service animal" under the Air Carrier Access Human action.

Some Country and local laws also define service fauna more than broadly than the ADA does. Data about such laws tin can exist obtained from the relevant State attorney general'south function.

Where Service Animals Are Allowed

Under the ADA, Country and local governments, businesses, and nonprofit organizations that serve the public more often than not must allow service animals to accompany people with disabilities in all areas of the facility where the public is allowed to get. For example, in a hospital information technology commonly would exist inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias, or examination rooms. However, information technology may be appropriate to exclude a service animal from operating rooms or burn down units where the animal'southward presence may compromise a sterile environment.

Service Animals Must Be Under Control

A service animal must be under the command of its handler. Under the ADA, service animals must be harnessed, leashed, or tethered, unless the individual's disability prevents using these devices or these devices interfere with the service animal's safe, constructive functioning of tasks. In that case, the individual must maintain command of the animal through vocalism, indicate, or other effective controls.

Inquiries, Exclusions, Charges, and Other Specific Rules Related to Service Animals

When information technology is non obvious what service an animal provides, simply limited inquiries are allowed. Staff may inquire two questions: (1) is the dog a service beast required considering of a disability, and (two) what piece of work or chore has the dog been trained to perform. Staff cannot ask about the person'southward disability, require medical documentation, require a special identification card or training documentation for the canis familiaris, or inquire that the canis familiaris demonstrate its ability to perform the work or task.
Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service creature must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations inside the room or different rooms in the facility.
A person with a disability cannot be asked to remove his service animal from the premises unless: (ane) the dog is out of control and the handler does not take effective action to control it or (2) the domestic dog is not housebroken. When at that place is a legitimate reason to ask that a service brute be removed, staff must offering the person with the disability the opportunity to obtain goods or services without the animal'southward presence.
Establishments that sell or prepare food must generally allow service animals in public areas even if land or local health codes prohibit animals on the bounds.
People with disabilities who utilise service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are non charged to other patrons without animals. In addition, if a business requires a eolith or fee to be paid past patrons with pets, it must waive the charge for service animals.
If a business such as a hotel normally charges guests for damage that they cause, a client with a disability may also be charged for damage caused by himself or his service beast.
Staff are not required to provide care for or supervision of a service fauna.

Miniature Horses

In addition to the provisions virtually service dogs, the Department's ADA regulations have a separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. (Miniature horses mostly range in meridian from 24 inches to 34 inches measured to the shoulders and generally weigh betwixt 70 and 100 pounds.) Entities covered past the ADA must modify their policies to permit miniature horses where reasonable. The regulations set up out four assessment factors to assist entities in determining whether miniature horses tin can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (2) whether the miniature equus caballus is under the possessor'south control; (3) whether the facility tin can adjust the miniature equus caballus'southward blazon, size, and weight; and (4) whether the miniature horse's presence will not compromise legitimate safety requirements necessary for prophylactic functioning of the facility.

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Duplication of this document is encouraged.

The Americans with Disabilities Deed authorizes the Section of Justice (the Department) to provide technical assistance to individuals and entities that take rights or responsibilities under the Act. This document provides informal guidance to help you lot in agreement the ADA and the Department's regulations.

This guidance document is not intended to be a last bureau action, has no legally bounden effect, and may be rescinded or modified in the Section'due south complete discretion, in accordance with applicable laws. The Department's guidance documents, including this guidance, exercise not constitute legally enforceable responsibilities beyond what is required by the terms of the applicable statutes, regulations, or bounden judicial precedent.

Originally issued: July 12, 2011

Last updated: Feb 24, 2020