The Americans with Disabilities Act (ADA) outlines specific guidelines for businesses and state/local governments to ensure they do not discriminate against individuals with disabilities who use service animals. Generally, these entities must permit service animals in areas accessible to the public, even if they have a general “no pets” policy. This article provides a foundational understanding of service animals as defined by the ADA.
Defining Service Animals
Under the ADA, service animals are specifically dogs of any breed or size that have been trained to perform a task directly related to a person’s disability. It is crucial to understand what qualifies and what does not.
What Service Animals Are:
- Dogs.
- Any breed and size of dog.
- Dogs trained to perform a specific task that aids a person with a disability.
What Service Animals Are Not:
- Animals that are not dogs.
- Dogs that are not trained to perform a disability-related task.
- Emotional support or comfort animals, as their primary function is not task-oriented. The ADA distinguishes these from service animals, as a dog providing only comfort does not meet the definition of a service animal. However, if a dog is trained to sense an oncoming anxiety attack and take a specific action to mitigate it, it would be considered a service animal.
Examples of Service Animal Tasks
The tasks service animals are trained to perform are diverse and directly address the needs arising from a person’s disability.
- A dog may be trained to retrieve dropped objects for an individual who uses a wheelchair.
- For someone with depression, a dog can be trained to remind them to take their medication.
- Individuals with PTSD might have a dog trained to alert them to an oncoming panic attack, often through tactile actions like licking a hand.
- For a person with epilepsy, a service dog can be trained to detect the onset of a seizure and help the person stay safe during the event.
Access Rights for Service Animals
Service animals are permitted to accompany their handlers in most public spaces. This includes:
- Restaurants
- Shops
- Hospitals
- Schools
- Hotels
For instance, a restaurant cannot force a patron with a service dog to sit outdoors if indoor seating is available.
The ADA also extends protections to certain housing situations, such as university housing, public housing programs, and emergency shelters.
Housing and the Fair Housing Act
It’s important to note that the Fair Housing Act also governs many housing scenarios, both public and private. This act may have different rules regarding assistance animals. The U.S. Department of Housing and Urban Development (HUD) oversees the Fair Housing Act.
Air Travel and the Air Carrier Access Act
For air travel, the Air Carrier Access Act, not the ADA, governs the rights of individuals with disabilities and their service animals.
Employment and the EEOC
In employment contexts, the Equal Employment Opportunity Commission (EEOC) is responsible for administering the ADA.
Inquiring About a Service Animal
If you are unsure 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?”
You are prohibited from:
- Requesting documentation (registration, license, or certification).
- Requiring the dog to demonstrate its task.
- Inquiring about the nature of the person’s disability.
Remember, service animals are not required to wear vests, so the presence of a vest does not automatically confirm service animal status. The dog’s training to perform a specific task remains the defining factor.
Limitations on Service Animal Access
While service animals are generally permitted, there are specific circumstances where their presence may be denied. This can occur 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 operating room or burn unit to maintain a sterile environment. However, in most other areas of a hospital accessible to the public, service animals should be allowed.
Removing a Service Animal
Staff can ask an individual to remove their service animal if the dog is:
- Not housebroken.
- Out of control, and the handler cannot regain control of the dog.
State and Local Laws
State and local governments may have specific requirements. They can mandate that service dogs be licensed and vaccinated if all dogs are subject to such requirements. They may also offer voluntary registration programs. However, they cannot require certification or registration for service dogs or ban a service dog based on its breed.
Further Resources
For more in-depth information, consult the ADA’s technical assistance documents:
