The Americans with Disabilities Act (ADA) outlines the rights and responsibilities concerning service animals in public accommodations and government facilities. This guide aims to provide a clear understanding of what constitutes a service animal, where they are permitted, and how businesses and entities should interact with individuals who rely on them.
What Qualifies as a Service Animal?
Under the ADA, service animals are specifically defined as dogs that have been individually trained to perform tasks directly related to a person’s disability. It is important to distinguish these trained animals from emotional support animals, comfort animals, or therapy animals, whose presence alone may provide comfort but who have not undergone task-specific training for a disability. Breed and size are not determining factors; any dog, regardless of its breed or dimensions, can be a service animal if it meets the training criteria. Furthermore, there is no requirement for service animals to be certified, licensed, or to wear a vest identifying them as such.
Examples of Trained Tasks:
- Retrieval: A dog trained to retrieve dropped items for an individual using a wheelchair.
- Medication Reminders: A dog trained to alert a person with depression to take their medication.
- Alerting to Panic Attacks: A dog trained to lick their owner’s hand as an early warning sign of an oncoming panic attack for someone with PTSD.
- Seizure Detection: A dog trained to detect the onset of a seizure and assist the person in staying safe during the event.
Where Service Animals Are Permitted
Service animals are generally allowed to accompany their handlers in all areas of a public accommodation where the public is normally allowed to go. This includes establishments such as restaurants, shops, hospitals, schools, and hotels, regardless of any existing “no pets” policies. For instance, a restaurant cannot mandate that a woman with a service dog sit in an outdoor area if indoor seating is available to other patrons.
The ADA also extends protections to housing situations, including university housing and public housing programs. However, it’s important to note that the Fair Housing Act may apply different regulations to assistance animals in housing, and this falls under the jurisdiction of the U.S. Department of Housing and Urban Development (HUD). For air travel, the Air Carrier Access Act governs the rights of individuals with disabilities, and for employment-related issues, the Equal Employment Opportunity Commission (EEOC) administers the ADA.
Inquiring About a Service Animal
When there is uncertainty about whether a dog is a service animal, staff at businesses and 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?”
It is crucial to understand that staff are not permitted to:
- Demand documentation of registration, licensing, or certification.
- Require the dog to perform its trained task.
- Inquire about the nature of the person’s disability.
A dog wearing a service animal vest does not automatically qualify it as a service animal; the key determinant remains its specific training for a disability-related task.
When a Service Animal May Be Excluded
There are limited circumstances where a service animal may be asked to be removed. This is permissible if the animal’s presence would fundamentally alter the nature of the goods, services, programs, or activities offered. For example, in highly sterile environments like operating rooms or burn units, a service dog’s presence might compromise the necessary sterile conditions. However, in most general areas of a hospital, service animals should not be restricted. A service animal can also be required to be removed if it is not housebroken or if it is out of control and the handler cannot regain control of the animal.
State and Local Laws
While the ADA provides a federal framework, state and local governments may enact additional regulations. They can require service dogs to be licensed and vaccinated, provided these requirements apply to all dogs. Voluntary registration programs may also be offered. However, state and local laws cannot mandate certification or registration for service animals, nor can they prohibit a service dog based on its breed.
Further Resources
For more in-depth information on the ADA and service animals, consult the following resources:
