What Questions Can You Ask About a Service Dog

Service Animals

The Department of Justice published revised terminal regulations implementing the Americans with Disabilities Human action (ADA) for championship Two (Land and local government services) and championship III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Annals. These requirements, or rules, incorporate updated requirements, including the 2010 Standards for Accessible Design (2010 Standards).

Overview

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

• Showtime on March xv, 2011, simply dogs are recognized as service animals under titles II and Iii of the ADA.
• A service brute is a dog that is individually trained to practise work or perform tasks for a person with a disability.
• Generally, title II and title III entities must allow service animals to accompany people with disabilities in all areas where members of the public are allowed to go.

How "Service Animal" Is Defined

Service animals are defined as dogs that are individually trained to practice work or perform tasks for people with disabilities. Examples of such piece of work or tasks include guiding people who are blind, alerting people who are deafened, 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 anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or job a dog has been trained to provide must be directly related to the person'due south disability. Dogs whose sole role is to provide comfort or emotional support do not qualify as service animals nether the ADA.

This definition does not affect or limit the broader definition of "aid animal" under the Off-white Housing Human activity or the broader definition of "service beast" under the Air Carrier Access Act.

Some State and local laws also define service animal more broadly than the ADA does. Information about such laws tin can be obtained from the relevant State chaser general'south office.

Where Service Animals Are Allowed

Under the ADA, Country and local governments, businesses, and nonprofit organizations that serve the public mostly must allow service animals to back-trail people with disabilities in all areas of the facility where the public is allowed to go. For case, in a hospital it usually would be inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias, or examination rooms. However, information technology may be appropriate to exclude a service animal from operating rooms or burn units where the brute's presence may compromise a sterile environs.

Service Animals Must Exist Under Control

A service animal must be under the control of its handler. Under the ADA, service animals must be harnessed, leashed, or tethered, unless the individual'southward disability prevents using these devices or these devices interfere with the service animal's safe, effective performance of tasks. In that case, the individual must maintain control of the animal through voice, betoken, or other constructive controls.

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

• When it is not obvious what service an animal provides, simply limited inquiries are immune. Staff may ask two questions: (1) is the dog a service animal required because of a inability, and (2) what work or task has the dog been trained to perform. Staff cannot ask well-nigh the person'due south disability, require medical documentation, require a special identification card or training documentation for the domestic dog, or enquire that the dog demonstrate its ability to perform the work or job.
• Allergies and fear 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 creature 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 within the room or dissimilar rooms in the facility.
• A person with a disability cannot be asked to remove his service animal from the premises unless: (i) the dog is out of control and the handler does non take effective action to control it or (two) the dog is not housebroken. When there is a legitimate reason to ask that a service animal exist removed, staff must offer the person with the inability the opportunity to obtain appurtenances or services without the beast'southward presence.
• Establishments that sell or prepare food must mostly allow service animals in public areas even if country or local wellness codes prohibit animals on the premises.
• People with disabilities who utilize 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 addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals.
• If a business such every bit a hotel normally charges guests for harm that they cause, a customer with a disability may also be charged for harm caused by himself or his service brute.
• Staff are non required to provide care for or supervision of a service beast.

Miniature Horses

In addition to the provisions nearly service dogs, the Department's ADA regulations accept a separate provision nearly miniature horses that have been individually trained to do work or perform tasks for people with disabilities. (Miniature horses by and large range in summit from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.) Entities covered past the ADA must alter their policies to permit miniature horses where reasonable. The regulations set out four assessment factors to assist entities in determining whether miniature horses tin be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (ii) whether the miniature horse is nether the owner's control; (3) whether the facility can suit the miniature horse's type, size, and weight; and (four) whether the miniature horse's presence will not compromise legitimate prophylactic requirements necessary for rubber performance of the facility.

For more information about the ADA, please visit our website or call our toll-free number.

ADA Website

www.ADA.gov

To receive east-mail service notifications when new ADA information is available,

visit the ADA Website'due south home folio to sign upwards for email updates.

ADA Information Line

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

24 hours a day to social club publications by mail.

M-W, F nine:30 a.m. – 5:30 p.g., Th 12:xxx p.thou. – v:thirty p.m. (Eastern Time)

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

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

Duplication of this certificate is encouraged.

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

This guidance document is not intended to be a final agency action, has no legally binding upshot, and may be rescinded or modified in the Department'south consummate discretion, in accord with applicable laws. The Department's guidance documents, including this guidance, do non establish legally enforceable responsibilities beyond what is required by the terms of the applicable statutes, regulations, or bounden judicial precedent.

Originally issued: July 12, 2011

Last updated: February 24, 2020

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Source: https://www.ada.gov/service_animals_2010.htm#:~:text=When%20it%20is%20not%20obvious,dog%20been%20trained%20to%20perform.

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