The Americans with Disabilities Act (ADA) outlines crucial regulations regarding service animals, ensuring individuals with disabilities have necessary accommodations. This guide focuses on the ADA’s definition of service animals and the rights and responsibilities associated with their presence in public spaces. The regulations, revised in 2010, specify that only dogs are recognized as service animals under the ADA.
Definition of a Service Animal
Under the ADA, a service animal is defined as a dog that has been individually trained to perform specific work or tasks for a person with a disability. These tasks are directly related to the individual’s disability. Examples include:
- Guiding individuals who are blind.
- Alerting individuals who are deaf to sounds.
- Assisting with tasks like pulling a wheelchair.
- Providing alerts for individuals experiencing seizures.
- Reminding individuals with mental illness to take prescribed medications.
- Calming individuals experiencing anxiety attacks due to Post Traumatic Stress Disorder (PTSD).
It is important to note that dogs whose primary function is to provide comfort or emotional support do not qualify as service animals under the ADA. This definition differs from those used in other legislation, such as the Fair Housing Act or the Air Carrier Access Act.
Public Access Rights for Service Animals
Generally, entities covered by the ADA, including state and local governments and businesses open to the public, must permit service animals to accompany their handlers in all areas where the public is allowed. For instance, in a hospital setting, service animals should typically be allowed in patient rooms, clinics, cafeterias, and examination rooms. However, exclusions may be permissible in environments where the animal’s presence could compromise a sterile environment, such as operating rooms or burn units.
Handler Responsibilities and Animal Control
Service animals must remain under the control of their handlers. 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 the individual’s disability prevents their use. In such cases, the handler must maintain control through voice commands, signals, or other effective means.
Permitted Inquiries and Limitations
When an animal’s service function is not readily apparent, staff are permitted to ask only two questions:
- Is the dog a service animal required because of a disability?
- What work or task has the dog been trained to perform?
Staff are not allowed to inquire about the person’s disability, request medical documentation, demand special identification cards or training documentation for the dog, or require the dog to perform a demonstration.
Addressing Allergies and Fears
Concerns about allergies or fear of dogs are not sufficient grounds to deny access or service to individuals with service animals. In shared spaces, accommodations should be made by assigning the individuals to different locations within the facility whenever possible.
Grounds for Exclusion
A person with a disability may be asked to remove their service animal only under specific circumstances:
- The animal is out of control, and the handler fails to take effective action to regain control.
- The animal is not housebroken.
If removal is necessary, the individual must be given the opportunity to receive services without the animal’s presence.
Specific Rules for Food Establishments and Fees
Establishments that prepare or sell food must generally permit service animals in public areas, even if local health codes prohibit animals. Individuals with disabilities using service animals cannot be segregated, treated less favorably, or charged fees not applicable to other patrons without animals. Any pet deposit or fee required by a business must be waived for service animals. Customers may be charged for damages caused by their service animal, similar to how they would be charged for damages they cause themselves.
Miniature Horses as Service Animals
In addition to service dogs, the ADA regulations also address miniature horses that are individually trained to perform tasks for individuals with disabilities. These horses typically range from 24 to 34 inches in height at the shoulder and weigh between 70 to 100 pounds. Covered entities must reasonably modify their policies to permit miniature horses. The ADA outlines four factors for assessing 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 type, size, and weight.
- Whether the horse’s presence compromises legitimate safety requirements.
For further information on ADA requirements, visit ADA.gov or contact the ADA Information Line.
