The Americans with Disabilities Act (ADA) outlines specific regulations regarding service animals, primarily focusing on dogs individually trained to perform tasks for individuals with disabilities. These regulations, updated in 2010, clarify the definition of a service animal, where they are permitted, and the responsibilities of both the handler and public-facing entities. This guidance aims to provide a comprehensive understanding of these rules for businesses and individuals alike.
Defining “Service Animal” Under the ADA
Under the ADA, a service animal is strictly defined as a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability. Examples of such tasks include, but are not limited to, guiding the blind, alerting the deaf, assisting individuals with mobility impairments by pulling a wheelchair, warning of an impending seizure, reminding individuals with mental illness to take medication, or calming individuals experiencing anxiety attacks related to Post Traumatic Stress Disorder (PTSD). It is crucial to understand that service animals are working animals, not pets. Their sole purpose is to perform a specific task directly related to their handler’s disability. Animals whose only function is to provide comfort or emotional support, while valuable, do not meet the ADA’s definition of a service animal. This definition is distinct from, and does not limit, the broader definitions of “assistance animal” under the Fair Housing Act or “service animal” under the Air Carrier Access Act. Furthermore, some state and local laws may offer broader definitions, information for which can be obtained from the respective state attorney general’s office.
Permitted Access for Service Animals
Public accommodations and state and local government entities covered by the ADA are generally required to permit service animals to accompany people with disabilities in all areas where members of the public are allowed to go. This principle applies across various settings, such as hospitals, where service animals should typically be allowed in patient rooms, clinics, cafeterias, and examination rooms. However, there are exceptions where a service animal’s presence might compromise a sterile environment, such as operating rooms or burn units. In such cases, a modification of policy may be necessary, but it should be considered on a case-by-case basis, prioritizing safety and legitimate operational requirements.
Maintaining Control of Service Animals
Service animals must be under the control of their handler at all times. The ADA mandates that service animals be harnessed, leashed, or tethered, unless these devices interfere with the animal’s ability to perform its tasks or if the individual’s disability prevents their use. In such situations, the handler must maintain control through voice commands, signals, or other effective means. This ensures the safety and well-being of both the service animal, the handler, and the general public.
Inquiries, Exclusions, and Specific Rules
When an animal’s service function is not readily apparent, staff are permitted to ask only 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 important to note that staff cannot inquire about the individual’s disability, request medical documentation, demand special identification cards or training certifications for the dog, or ask the dog to demonstrate its abilities.
Reasons such as allergies or fear of dogs are not considered valid grounds for denying access or refusing service to individuals with service animals. In situations where a person with allergies and a person with a service animal must share a space, accommodations should be made by assigning them to different locations within the facility, if feasible.
A person with a disability can only be asked to remove their service animal if the animal is out of control and the handler fails to take effective action to control it, or if the animal is not housebroken. If removal is necessary for these legitimate reasons, the handler must be given the opportunity to receive services without the animal’s presence.
Establishments that prepare or sell food are generally required to permit service animals in public areas, even if local health codes might otherwise prohibit animals. Individuals with disabilities using service animals cannot be segregated, treated less favorably than other patrons, or charged fees that are not applied to patrons without animals. Any required deposit or fee for patrons with pets must be waived for service animals. Patrons with disabilities may be charged for damage caused by their service animal, just as they would be for any damage they cause themselves. Importantly, staff are not obligated to provide care or supervision for a service animal.
Miniature Horses as Service Animals
In addition to service dogs, the ADA regulations also address miniature horses that have been individually trained to perform work or tasks for individuals with disabilities. These miniature horses typically range in height from 24 to 34 inches at the shoulder and weigh between 70 and 100 pounds. Covered entities must modify their policies to permit these miniature horses when reasonable. The regulations provide four assessment factors to help determine accommodation feasibility:
- Whether the miniature horse is housebroken.
- Whether the miniature horse is under the owner’s control.
- Whether the facility can accommodate the horse’s type, size, and weight.
- Whether the horse’s presence will compromise legitimate safety requirements.
For further information on the ADA, please visit ADA.gov or contact the ADA Information Line at 800-514-0301 (Voice) or 1-833-610-1264 (TTY). This publication is available in alternate formats upon request. The Department of Justice provides this guidance to assist in understanding ADA regulations and does not create legally binding responsibilities beyond existing statutes and regulations.
