The Americans with Disabilities Act (ADA) outlines the rights and responsibilities regarding service animals in public accommodations, which include businesses, state, and local governments. This guide provides a clear overview of what constitutes a service animal, where they are permitted, and how inquiries about them should be handled.
What Qualifies as a Service Animal?
Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability. This definition excludes emotional support animals, comfort animals, and therapy animals, as their mere presence providing comfort does not constitute a trained task related to a disability. Breeds and sizes of dogs are irrelevant; the key is the training to perform specific tasks. For example, a dog trained to retrieve items for a person using a wheelchair or to alert an individual with PTSD to an oncoming panic attack is considered a service animal. Similarly, a dog trained to remind its owner to take medication or to detect a seizure onset falls under this definition.
Access Rights for Service Animals
Generally, service animals are permitted to accompany their handlers in all areas of a public accommodation where the public is allowed to go. This includes establishments like restaurants, shops, hospitals, and schools, regardless of any existing “no pets” policies. The ADA also extends these protections to certain housing situations, including university housing and public housing programs. However, it’s important to note that different laws, such as the Fair Housing Act, may apply to housing, and air travel rights are governed by the Air Carrier Access Act.
For instance, if a woman with a service dog requests to be seated indoors at a restaurant that offers both indoor and outdoor seating, the establishment cannot force her to sit outside due to the presence of her service dog.
Inquiring About Service Animals
If 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?”
- “What work or task has the dog been trained to perform?”
It is crucial to understand what cannot be asked. You are not permitted to:
- Request documentation of registration, licensing, or certification for the service animal.
- Require the dog to perform a demonstration of its task.
- Inquire about the specific nature of the person’s disability.
It’s also important to remember that service animals are not mandated to wear vests or identification. A dog wearing a vest does not automatically confirm its status as a service animal; the determining factor remains its training to perform a disability-related task.
Limitations on Service Animal Access
In certain limited circumstances, a public accommodation may exclude a service animal. This is permissible if the animal’s presence would fundamentally alter the nature of the goods, services, programs, or activities offered. For example, a service animal might be excluded from a sterile environment like an operating room or a burn unit where its presence could compromise the intended environment. However, in most settings, a service animal should not be restricted from areas accessible to the public.
Furthermore, a service animal can be asked to be removed if it is not housebroken or if it is out of the handler’s control and the handler cannot regain control of the animal.
State and Local Laws
State and local governments have the authority to require service dogs to be licensed and vaccinated, provided these requirements apply to all dogs. They may also offer voluntary registration programs. However, they cannot mandate certification or registration for service dogs, nor can they prohibit a service dog based on its breed.
Further Resources
For more in-depth information on the ADA and service animals, consult the following resources:
The U.S. Department of Housing and Urban Development (HUD) is responsible for administering the Fair Housing Act, which may have different rules regarding assistance animals in housing. You can find more information on the U.S. Department of Housing and Urban Development website or by contacting your Regional Fair Housing and Equal Opportunity Office. The Equal Employment Opportunity Commission (EEOC) oversees the ADA in employment settings.
