ADA Service Animal Guidelines: Rules, rights, and requirements explained

The Americans with Disabilities Act (ADA) provides strict regulations regarding the use of service animals, ensuring individuals with disabilities can access public areas with the assistance they need.

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Definition and Scope

As of March 15, 2011, only dogs are recognized as service animals under the ADA’s Titles II and III. According to the Department of Justice, a service animal is defined as a dog that is individually trained to perform specific tasks for individuals with disabilities. Tasks can include guiding individuals who are blind, alerting those who are deaf, assisting during a seizure, pulling a wheelchair, or calming someone during an anxiety attack. Emotional support animals that solely provide comfort do not qualify as service animals under the ADA.

Where Service Animals Are Permitted

Service animals are allowed in all public areas where members of the public are typically permitted. For example, service animals cannot be denied entry to hospital patient rooms, examination rooms, or cafeterias. However, they may be excluded from sterile environments like operating rooms if their presence compromises safety.

Control and Behavior Requirements

Handlers must maintain control over their service animals, which must be harnessed, leashed, or tethered unless these devices interfere with the animal’s ability to perform tasks. If using these devices is not possible due to a disability, the handler must control the animal using voice commands, signals, or other effective methods.

Limited Inquiries Permitted

When the function of a service animal is not apparent, staff may only ask two questions:

1. Is the dog required because of a disability?
2. What work or task has the dog been trained to perform?

Staff cannot inquire about the person’s disability, request medical documentation, or require a demonstration of the animal’s task.

Exclusion and Removal

Service animals may only be excluded if they are out of control and the handler does not take action to control them, or if the animal is not housebroken. In such cases, the individual must still be offered the opportunity to receive services without the animal’s presence.

Fees and Damages

Businesses cannot charge extra fees or deposits for service animals. However, if a service animal causes damage, the handler may be charged the same fees applied to other patrons.

Miniature Horses Exception

The ADA also recognizes miniature horses as service animals, which must be accommodated when reasonable. Facilities should consider factors such as whether the horse is housebroken, under control, its size and weight, and if its presence compromises safety.

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For more information about ADA requirements, individuals can visit ADA.gov or contact the ADA Information Line at 800-514-0301.