The Americans with Disabilities Act (ADA) provides crucial guidelines regarding service animals, ensuring individuals with disabilities have the support they need while navigating public spaces. This overview, based on the Department of Justice’s revised final regulations, clarifies the definition of a service animal, where they are permitted, and the responsibilities of both handlers and establishments. Understanding these regulations is vital for fostering an inclusive environment for all.
Definition of a Service Animal
Since March 15, 2011, the ADA specifically recognizes dogs as service animals. These are not pets, but working animals individually trained to perform specific tasks or provide assistance directly related to a person’s disability. Examples include guiding the visually impaired, alerting the deaf, assisting with mobility, providing seizure alerts, reminding individuals to take medication, or calming someone experiencing a PTSD-related anxiety attack. The key is that the trained task must directly address the disability. Animals that solely provide comfort or emotional support, often referred to as emotional support animals, do not fall under the ADA’s definition of a service animal. It’s important to note that some state or local laws may have broader definitions of “service animal” or “assistance animal,” and it’s advisable to check with local authorities for comprehensive information.
Access Rights for Service Animals
Under the ADA, entities covered by titles II (state and local government services) and III (public accommodations and commercial facilities) must permit service animals to accompany their handlers in all areas where the public is generally allowed. This applies to a wide range of places, including hospitals, restaurants, and shops. For instance, a service dog should not be excluded from a hospital’s patient rooms or cafeterias. However, there are exceptions. In situations where the animal’s presence could compromise a sterile environment, such as an operating room or a burn unit, exclusion may be permissible.
Handler Responsibilities and Control
Service animals must remain under the control of their handlers at all times. The ADA mandates that service animals be harnessed, leashed, or tethered, unless these devices would interfere with the dog’s ability to perform its tasks or the individual’s disability prevents their use. In such cases, the handler must maintain control through voice commands, signals, or other effective means.
Permissible Inquiries and Limitations
When the service an animal provides is not readily apparent, staff at establishments 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?”
Prohibited inquiries include asking about the person’s disability, requesting medical documentation, demanding special identification cards or training certificates for the dog, or requiring the dog to perform a demonstration.
Addressing Concerns and Denying Access
- Allergies and Fears: An individual’s allergies or fear of dogs are not considered valid reasons to deny access or service to a person with a service animal. When such a conflict arises, accommodations should be made by assigning the individuals to different locations within the same facility, if feasible.
- Removal of a Service Animal: A service animal can only be asked to be removed from the premises if it is out of control and the handler fails to effectively control it, or if the animal is not housebroken. If removal is necessary, the handler must be given the opportunity to receive goods or services without the animal’s presence.
- Food Service Establishments: Generally, establishments that prepare or sell food must allow service animals in public areas, even if local health codes have broader restrictions on animals.
- Fees and Charges: People with disabilities using service animals cannot be charged extra fees, isolated from other patrons, or treated less favorably. Any deposits or fees charged for pets must be waived for service animals. However, if a business normally charges for damages caused by patrons, a person with a disability may be charged for damage caused by their service animal.
- Care and Supervision: 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 tasks for individuals with disabilities. These horses, typically standing 24-34 inches at the shoulder and weighing 70-100 pounds, must be accommodated if it is reasonable to do so. Establishments should consider four factors to determine accommodation:
- Whether the miniature horse is housebroken.
- Whether the miniature horse is under the owner’s control.
- The facility’s ability to accommodate the horse’s size, type, and weight.
- Whether the horse’s presence will compromise legitimate safety requirements.
For more comprehensive information on the ADA and service animal regulations, please visit ADA.gov or contact the ADA Information Line.
