ADA Regulations for Service Animals
Beginning on March 15, 2011, only dogs are recognized as Service Animals under titles II and III of the ADA. There is one exception, Miniature Horses is a special class of Service Animals. For information on the 2010 updated standards see the official Department of Justice Service Animals summary sheet and the FAQ sheet.
A service animal is a dog that is individually trained to do work or perform tasks directly related to the person’s disability. A service animal is NOT a pet. Under the ADA, it is the task that determines what is a service animal. A service animal must be trained to do a task or tasks directly related to the owner’s disability. Guide dogs for the blind and visually impaired, and Hearing dogs for the deaf and hard of hearing are sometimes considered different categories from Service dogs for people with other disabilities. Under the ADA all three of these categories are considered Service Animals.
Service animals may be professionally trained, but this is not required. Animals trained by their owners can qualify. The training is what distinguishes a service animal from a pet.
A service animal must be permitted to accompany their owner anywhere accessible to the general public. This is covered by both Title II and Title III of the ADA. Restaurants may not exclude service animals. State and local health codes prohibiting animals do not apply to service animals in the public areas. The staff is not required to provide food or care for a service animal.
There are a very limited number of exemptions which permits denying access to a service animal. The Department of Transportation has a FAQ summary to address the ADA service animal regulations for Passenger Vessel Operators.
The person and service animal cannot be segregated, nor charged any additional fees, deposits, surcharges or higher prices.
The service animal must always be under the control of the owner. Most dogs will be in a harness, on a leash or tethered. Some dogs work requires them to move freely. The owner must still control them whether by voice, hand signals or other method.
There are only two reasons you can prohibit a service from accompanying its owner in your business.
- The dog is not housebroken.
- If the dog becomes disruptive; barking, growling, or other behaviors that disturb other customers. And the owner does not get the dog back under control.
Under these two circumstances you may ask the animal to be removed from the premises.
- Be aware of other customers creating the disturbance.
- Service dogs are working animals. Other customers should not try to pet the dog without the owner’s permission or do anything which interferes with their work.
The person must still be allowed to obtain the goods and services from your business after the dog is removed.
To determine if an animal is a service animal, you and your staff may ask only two questions:
1) Is the dog a service animal required because of a disability?
2) What work or task has the dog been trained to perform?
You may not ask these questions if the need for the service animal is obvious like a dog is guiding a blind person blind or is pulling a wheelchair. You cannot:
- ask about the nature or extent of an individual’s disability,
- ask that the dog demonstrate or perform its task or work,
- require proof that the animal has been certified, trained or licensed as a service animal,
- or require the animal to wear an identifying vest or tag.
The ADA does not address service animals in-training. Service animals in-training are given the same protections as fully trained service animals in some states. If this is an issue for your business, check your local resources about state or local laws.
How to Obtain a Service Animal?
Many organizations and businesses train and provide Service Animals. The training varies greatly. Guide dogs for the blind and visually impaired. Hearing dogs for the deaf and hard of hearing. Service dogs for a whole spectrum of physical and psychological disabilities including: wheelchair users; people with PTSD, autism, medication needs like diabetes, seizure concerns like epilepsy, anxiety and depression disorders, etc…
Some offer their service nationally while others prefer to serve a local or regional area. A couple of sites maintain a list of trainers and organization:
- Wolfpack.com Gear for Working Dogs has a US Service Dog Trainers page by state.
- American Dog Trainers Network has US Service Dog Resources page by state for Guide Dogs, Hearing Dogs, Support Dogs, Search and Rescue Dogs.
Other US Regulations Regarding Service Animals
Service Animals and Assistance Animals in Housing and HUD-Funded Programs is a 2013 document from the Department of Housing and Urban Development addresses the multiple laws that apply to service and assistance animals.
The Air Carriers Access Act, ACAA, 2002 update Guidance Concerning Service Animals in Air Transportation is difficult to read and understand in this PDF file. (NOTE: It begins on the bottom right column of page 1.)
Other laws which may encompass the ADA Service Animal protection include: The Rehab Act, Section 504; The Fair Housing Amendment Act; The Workforce Investment Act, Section 508; IDEA, Individuals with Disabilities Education Act.
Useful Documents for Travelers with Service Animals
The ACAA matrix is a FAQ, Frequently Asked Questions, sheet detailing the differences between the ACAA and the ADA definitions from the Department of Justice, the Code of Federal Regulations and the Department of Transportation.
Navigating Airports with Service Animals and Service Animals Relief Areas: Guidance and Best Practices are provided by the Department of Transportation to make it easier to take your service animal thru US airports.
The Comparison of Service Animals Requirements matrix provides some information for service animal regulations in some other countries.
