Navigating the world with a disability can present unique challenges, and for many, a service animal is an indispensable partner. The Americans with Disabilities Act (ADA) provides crucial protections and outlines clear guidelines regarding these working animals. This article delves into the ADA’s definition of a service animal, where they are permitted, and the rules governing their presence in public spaces, drawing insights from official Department of Justice regulations.
Defining a Service Animal Under the ADA
The ADA specifically defines a service animal as a dog that has been individually trained to perform tasks or do work for the benefit of an individual with a disability. These trained tasks are directly related to the person’s disability. Examples of such work include guiding individuals who are blind, alerting those who are deaf to important sounds, assisting with mobility by pulling a wheelchair, or providing alerts and protection during seizures. For individuals with mental illnesses, service dogs can be trained to remind them to take prescribed medications or to offer calming support during anxiety attacks, such as those experienced by individuals with Post Traumatic Stress Disorder (PTSD). It is crucial to understand that service animals are working animals, not pets. Their sole purpose is to assist their handler with specific disability-related tasks. Dogs whose primary function is to offer comfort or emotional support, while valuable, do not fall under the ADA’s definition of a service animal. It’s also important to note that some state and local laws might have broader definitions of “service animal” or “assistance animal” than the ADA, so it’s advisable to be aware of these as well.
Where Service Animals Are Permitted
Under the ADA, entities covered by titles II and III, which include state and local governments and public accommodations like businesses and non-profit organizations, must generally permit service animals to accompany individuals with disabilities in all areas where the public is allowed to go. This means that in places such as hospitals, service animals should be allowed in patient rooms, clinics, cafeterias, and examination rooms. However, there can be exceptions in areas where the presence of an animal might compromise a sterile environment, such as operating rooms or burn units. The key principle is that the service animal should be allowed wherever its handler is permitted to be, unless there’s a specific, legitimate reason to exclude them based on safety or hygiene.
Maintaining Control of Service Animals
A fundamental requirement under the ADA is that a service animal must be under the control of its handler at all times. This typically means the animal should be harnessed, leashed, or tethered. However, the ADA acknowledges that an individual’s disability might prevent the use of these devices, or they might interfere with the animal’s ability to perform its tasks safely and effectively. In such circumstances, the handler must maintain control through voice commands, signals, or other effective means. This ensures that the animal does not pose a danger or nuisance to others.
Permissible Inquiries and Limitations
When it is not readily apparent that an animal is a service animal, staff at public accommodations are permitted to ask only two specific questions: (1) Is the dog a service animal required because of a disability? and (2) What work or task has the dog been trained to perform? Staff are explicitly prohibited from asking about the person’s disability, requiring medical documentation, demanding special identification cards or training documentation for the dog, or asking the dog to demonstrate its trained abilities.
It is important to remember that allergies and a fear of dogs are not considered valid reasons for denying access or refusing service to individuals with service animals. In situations where a person with a dog allergy and a person with a service animal need to be in the same shared space, accommodations should be made by assigning them to different locations within the area, if possible.
A person with a disability can only be asked to remove their service animal from the premises under two specific circumstances: if the dog is out of control and the handler fails to take effective action to control it, or if the dog is not housebroken. If there is a legitimate reason for removal, the individual must be given the opportunity to receive services without the animal’s presence.
Even in establishments that prepare or sell food, service animals are generally allowed in public areas, even if local health codes might otherwise prohibit animals. Furthermore, individuals with disabilities using service animals cannot be segregated from other patrons, treated less favorably, or charged fees that are not applied to patrons without animals. Any deposits or fees that might be charged for pets must be waived for service animals. While a business can charge a customer for damage caused by themselves or their service animal, staff are not responsible for providing care or supervision for the service animal.
Miniature Horses as Service Animals
Beyond service dogs, the ADA regulations also address miniature horses that have been individually trained to perform tasks for individuals with disabilities. These miniature horses typically range from 24 to 34 inches tall at the shoulder and weigh between 70 and 100 pounds. Covered entities must modify their policies to allow miniature horses when it is reasonable to do so. The regulations provide four factors to help determine if a facility can accommodate a miniature horse: whether the horse is housebroken, under the owner’s control, if the facility can accommodate the horse’s size and weight, and whether the horse’s presence will compromise legitimate safety requirements.
For more comprehensive information regarding ADA requirements and service animals, visiting ADA.gov or contacting the ADA Information Line at 800-514-0301 is recommended.
