The Americans with Disabilities Act (ADA) outlines the rights and responsibilities concerning service animals in public accommodations and state/local government facilities. This guide provides a fundamental understanding of service animals, their rights, and limitations within the framework of the ADA.
What Constitutes a Service Animal?
Under the ADA, service animals are specifically defined as dogs that have been individually trained to do work or perform tasks for the benefit of an individual with a disability. These tasks are directly related to the person’s disability. It is important to distinguish service animals from emotional support animals, comfort animals, or therapy animals. While these other animals may provide comfort, they are not considered service animals under the ADA unless they are trained to perform a specific task related to a disability. The ADA does not require service animals to be certified, licensed, or professionally trained, nor do they need to wear identifying vests.
Examples of Trained Tasks
The specific tasks a service animal is trained to perform are varied and depend on the individual’s disability. For instance, a service dog might be trained to retrieve dropped items for a person using a wheelchair. For someone with depression, a service animal could be trained to provide medication reminders. Individuals with PTSD might have a dog trained to alert them to an oncoming panic attack through physical contact, such as a hand lick. Similarly, a service dog for a person with epilepsy can be trained to detect seizure onset and assist the person in staying safe during the event.
Access Rights for Service Animals
Service animals are generally permitted to accompany their handlers in most places where the public is allowed to go, even if a facility has a general “no pets” policy. This includes establishments like restaurants, shops, hospitals, schools, and hotels. For example, a restaurant cannot deny entry to a patron with a service dog or force them to sit in an outdoor seating area.
The ADA also extends to certain housing situations, such as university housing and public housing programs. However, it’s important to note that the Fair Housing Act may have different, though often complementary, rules regarding assistance animals in housing, and is administered by the U.S. Department of Housing and Urban Development. For air travel, the Air Carrier Access Act, not the ADA, governs the rights of individuals with disabilities and their service animals. In employment settings, the Equal Employment Opportunity Commission (EEOC) oversees ADA compliance.
Inquiring About Service Animals
When there is uncertainty about whether a dog is a service animal, staff at businesses or government facilities may ask two specific questions: “Is the dog a service animal required because of a disability?” and “What work or task has the dog been trained to perform?” Critically, staff are not permitted to request documentation, certifications, or require the dog to demonstrate its task, nor can they inquire about the nature of the person’s disability. A dog wearing a service animal vest does not automatically confirm its status as a service animal under the ADA; it must still be trained to perform a task related to a disability.
Limitations on Service Animal Access
There are specific circumstances under which a business or government entity may exclude a service animal. This can occur if the animal’s presence would fundamentally alter the nature of the goods, services, programs, or activities offered. For instance, in highly sterile environments like an operating room or burn unit, a service animal might be excluded to maintain the sterile field. However, in most other areas of a hospital, service animals should be permitted.
Furthermore, a service animal can be required to be removed if it is not housebroken or if it is out of the handler’s control and cannot be brought under control.
State and Local Regulations
State and local governments have the authority to require service dogs to be licensed and vaccinated, provided these requirements apply to all dogs within their jurisdiction. They may also offer voluntary registration programs. However, these entities cannot mandate certification or registration for service dogs, nor can they ban a service dog based on its breed.
Further Resources on Service Animals
For more in-depth information on the ADA and service animals, refer to the following technical assistance documents:
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