The Americans with Disabilities Act (ADA) outlines the rights and responsibilities regarding service animals in public accommodations and government facilities. This guide provides a foundational understanding of what constitutes a service animal, where they are permitted, and how businesses should interact with individuals who use them. The primary goal is to ensure that individuals with disabilities are not discriminated against due to their use of a service animal.
What is a Service Animal?
Under the ADA, a service animal is specifically defined as a dog that has been individually trained to perform a task directly related to a person’s disability. This definition excludes emotional support animals, comfort animals, and therapy animals, as their primary function is to provide emotional support or comfort, rather than performing a specific task. The breed and size of the dog are not determining factors; any dog that meets the training criteria can be a service animal. Importantly, service animals are not required to have any specific certification, licensing, or identification.
Examples of Service Animal Tasks
Service animals are trained to assist their handlers in a variety of ways. For instance:
- A dog might be trained to retrieve dropped items for a person using a wheelchair.
- A dog could be trained to alert a person with depression to take their medication.
- For individuals with PTSD, a dog may be trained to recognize and signal an oncoming panic attack.
- A dog trained to detect the onset of a seizure can help an individual with epilepsy stay safe.
Access Rights for Service Animals
Generally, service animals are permitted to accompany their handlers in all areas where the public is allowed. This includes establishments with “no pets” policies. Examples of places where service animals are typically allowed include restaurants, shops, hospitals, schools, and hotels. This right also extends to certain housing situations, such as university housing and public housing programs.
Differentiating Laws for Housing and Air Travel
It is important to note that while the ADA covers public accommodations, other laws govern different areas. The Fair Housing Act, administered by the U.S. Department of Housing and Urban Development (HUD), may have different rules for animals assisting with disabilities in housing. For air travel, the Air Carrier Access Act, not the ADA, dictates the rights of people with disabilities. For employment-related matters concerning service animals, the Equal Employment Opportunity Commission (EEOC) is the responsible agency.
Inquiring About Service Animals
When it is unclear 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?”
- “What work or task has the dog been trained to perform?”
It is unlawful to ask for any documentation of the dog’s training or certification, or to demand that the dog demonstrate its task. Inquiring about the nature of the person’s disability is also prohibited. Even if a dog is wearing a vest, it does not automatically qualify it as a service animal under the ADA; the key is the trained task.
Grounds for Exclusion of a Service Animal
In rare circumstances, a business or government entity may exclude a service animal if its presence would fundamentally alter the nature of the goods, services, or activities offered. This is typically limited to situations where the animal’s presence could compromise a critical environment, such as an operating room. However, in most settings, service animals are not subject to such restrictions.
A service animal can also be asked to be removed if it is not housebroken or if it is out of control and the handler cannot regain control of the animal.
State and Local Regulations
State and local governments have some authority regarding service animals. They can require service dogs to be licensed and vaccinated if all dogs are subject to such requirements. Voluntary registration programs may also be offered. However, state and local laws cannot mandate certification or registration for service dogs, nor can they ban a service dog based on its breed.
Further Resources
For more in-depth information on service animals and the ADA, consult the following resources:
This information serves as a guide to understanding the essential aspects of service animals under the ADA. For specific legal advice or further clarification, consulting the official ADA resources or a legal professional is recommended.
