Who Can Be Classified As An Animal Service?

ADA Requirements Banner

Service Animals

The Department of Justice published revised terminal regulations implementing the Americans with Disabilities Act (ADA) for championship Two (State and local government services) and title Three (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, incorporate updated requirements, including the 2010 Standards for Attainable Design (2010 Standards).

Overview

This publication provides guidance on the term "service animal" and the service animate being provisions in the Section's regulations.

Offset on March 15, 2011, but dogs are recognized as service animals under titles Two and III of the ADA.
A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability.
More often than not, title II and title Iii entities must allow service animals to accompany people with disabilities in all areas where members of the public are immune to go.

How "Service Animal" Is Defined

Service animals are divers every bit dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an feet assault, or performing other duties. Service animals are working animals, not pets. The piece of work or task a dog has been trained to provide must be directly related to the person's disability. Dogs whose sole function is to provide comfort or emotional support do not authorize every bit service animals nether the ADA.

This definition does not affect or limit the broader definition of "assistance animal" under the Fair Housing Act or the broader definition of "service animal" under the Air Carrier Access Act.

Some State and local laws also define service creature more broadly than the ADA does. Information about such laws can exist obtained from the relevant State attorney general's part.

Where Service Animals Are Allowed

Under the ADA, State and local governments, businesses, and nonprofit organizations that serve the public by and large must allow service animals to accompany people with disabilities in all areas of the facility where the public is allowed to go. For example, in a hospital it usually would be inappropriate to exclude a service beast from areas such equally patient rooms, clinics, cafeterias, or examination rooms. However, it may be advisable to exclude a service animal from operating rooms or fire units where the animal'due south presence may compromise a sterile surround.

Service Animals Must Be Under Control

A service animal must be nether the command of its handler. Under the ADA, service animals must be harnessed, leashed, or tethered, unless the individual's disability prevents using these devices or these devices interfere with the service creature's safety, constructive performance of tasks. In that example, the individual must maintain control of the animal through voice, signal, or other constructive controls.

Inquiries, Exclusions, Charges, and Other Specific Rules Related to Service Animals

When it is not obvious what service an fauna provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service creature required because of a disability, and (2) what work or task has the domestic dog been trained to perform. Staff cannot ask most the person's disability, require medical documentation, crave a special identification card or training documentation for the dog, or enquire that the dog demonstrate its ability to perform the work or task.
Allergies and fearfulness of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service brute must spend fourth dimension in the same room or facility, for example, in a schoolhouse classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations inside the room or different rooms in the facility.
A person with a disability cannot be asked to remove his service animal from the bounds unless: (ane) the domestic dog is out of control and the handler does not take constructive action to command it or (ii) the dog is non housebroken. When at that place is a legitimate reason to enquire that a service animal exist removed, staff must offer the person with the disability the opportunity to obtain appurtenances or services without the creature'south presence.
Establishments that sell or prepare food must by and large allow service animals in public areas even if country or local health codes prohibit animals on the premises.
People with disabilities who use service animals cannot exist isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In improver, if a concern requires a deposit or fee to be paid past patrons with pets, information technology must waive the charge for service animals.
If a business concern such as a hotel normally charges guests for damage that they cause, a customer with a disability may also be charged for impairment caused by himself or his service animal.
Staff are not required to provide intendance for or supervision of a service animal.

Miniature Horses

In addition to the provisions about service dogs, the Section'southward ADA regulations have a dissever provision about miniature horses that accept been individually trained to exercise piece of work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.) Entities covered by the ADA must modify their policies to allow miniature horses where reasonable. The regulations gear up out four assessment factors to assist entities in determining whether miniature horses tin exist accommodated in their facility. The cess factors are (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner's control; (3) whether the facility can accommodate the miniature horse'south type, size, and weight; and (4) whether the miniature horse'south presence will not compromise legitimate safety requirements necessary for safe operation of the facility.

For more than data about the ADA, please visit our website or call our price-gratis number.

ADA Website

world wide web.ADA.gov

To receive due east-mail notifications when new ADA data is available,

visit the ADA Website'south abode folio to sign up for email updates.

ADA Information Line

800-514-0301 (Voice) and 800-514-0383 (TTY)

24 hours a solar day to order publications past post.

M-West, F 9:thirty a.m. – 5:30 p.k., Th 12:30 p.m. – v:xxx p.k. (Eastern Fourth dimension)

to speak with an ADA Specialist. All calls are confidential.

For persons with disabilities, this publication is available in alternating formats.

Duplication of this document is encouraged.

The Americans with Disabilities Act authorizes the Department of Justice (the Department) to provide technical assistance to individuals and entities that have rights or responsibilities under the Deed. This certificate provides breezy guidance to assistance y'all in agreement the ADA and the Section's regulations.

This guidance certificate is not intended to be a last agency activeness, has no legally bounden outcome, and may be rescinded or modified in the Department'south complete discretion, in accordance with applicable laws. The Section'south guidance documents, including this guidance, do non establish legally enforceable responsibilities beyond what is required past the terms of the applicative statutes, regulations, or binding judicial precedent.

Originally issued: July 12, 2011

Last updated: February 24, 2020