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Service Animals

The Department of Justice published revised final regulations implementing the Americans with Disabilities Human action (ADA) for title 2 (Land and local authorities services) and title III (public accommodations and commercial facilities) on September xv, 2010, in the Federal Register. These requirements, or rules, contain 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'south regulations.

Offset on March 15, 2011, only 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 do work or perform tasks for a person with a disability.
Generally, title Ii and championship 3 entities must permit service animals to accompany people with disabilities in all areas where members of the public are allowed to get.

How "Service Animate being" Is Defined

Service animals are divers every bit dogs that are individually trained to practise work or perform tasks for people with disabilities. Examples of such 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 feet 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's disability. Dogs whose sole function is to provide condolement or emotional back up do non qualify equally service animals under the ADA.

This definition does not touch or limit the broader definition of "aid animal" nether the Fair Housing Act or the broader definition of "service animate being" under the Air Carrier Access Act.

Some State and local laws also define service beast more than broadly than the ADA does. Data almost such laws can be obtained from the relevant State attorney general's role.

Where Service Animals Are Allowed

Under the ADA, Land and local governments, businesses, and nonprofit organizations that serve the public by and large must permit service animals to accompany people with disabilities in all areas of the facility where the public is allowed to become. For instance, in a hospital it usually would be inappropriate to exclude a service animal from areas such every bit patient rooms, clinics, cafeterias, or exam rooms. However, it may be appropriate to exclude a service animal from operating rooms or burn units where the creature's presence may compromise a sterile environment.

Service Animals Must Exist Nether Control

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

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

When it is non obvious what service an animal provides, merely express inquiries are allowed. Staff may enquire 2 questions: (1) is the dog a service animal required considering of a disability, and (ii) what work or task has the dog been trained to perform. Staff cannot ask about the person's inability, crave medical documentation, require a special identification card or grooming documentation for the domestic dog, or inquire that the domestic dog demonstrate its ability to perform the work or task.
Allergies and fright of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to domestic dog dander and a person who uses a service animal must spend fourth dimension in the aforementioned room or facility, for instance, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or unlike rooms in the facility.
A person with a disability cannot be asked to remove his service beast from the bounds unless: (1) the dog is out of control and the handler does not take effective action to control information technology or (2) the canis familiaris is not housebroken. When at that place is a legitimate reason to ask that a service creature exist removed, staff must offering the person with the disability the opportunity to obtain goods or services without the creature's presence.
Establishments that sell or prepare food must by and large allow service animals in public areas fifty-fifty if country or local wellness 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 add-on, if a business concern requires a deposit or fee to be paid by patrons with pets, it must waive the accuse for service animals.
If a business such as a hotel commonly charges guests for damage that they cause, a customer with a disability may likewise be charged for harm caused past himself or his service animal.
Staff are non required to provide care for or supervision of a service animal.

Miniature Horses

In addition to the provisions about service dogs, the Department'due south ADA regulations have a split provision about miniature horses that have been individually trained to exercise 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 alter their policies to permit miniature horses where reasonable. The regulations set out four cess factors to assist entities in determining whether miniature horses can exist accommodated in their facility. The assessment factors are (1) whether the miniature equus caballus is housebroken; (2) whether the miniature equus caballus is nether the owner'southward control; (iii) whether the facility can adjust the miniature equus caballus'due south type, size, and weight; and (four) whether the miniature horse's presence will non compromise legitimate safety requirements necessary for safe operation of the facility.

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

Duplication of this document is encouraged.

The Americans with Disabilities Act authorizes the Section of Justice (the Department) to provide technical assistance to individuals and entities that take rights or responsibilities under the Human action. This document provides informal guidance to help you in understanding the ADA and the Department's regulations.

This guidance document is not intended to be a last bureau action, has no legally binding upshot, and may be rescinded or modified in the Department'south complete discretion, in accordance with applicable laws. The Department'southward guidance documents, including this guidance, practice not plant legally enforceable responsibilities across what is required past the terms of the applicable statutes, regulations, or binding judicial precedent.

Originally issued: July 12, 2011

Terminal updated: February 24, 2020