Understand your rights and responsibilities regarding service animals.
The Americans with Disabilities Act (ADA) provides comprehensive civil rights protections to individuals with disabilities in many aspects of public life, including employment, public accommodations, transportation, and government services. Under the ADA, a service animal is defined as a dog that is individually trained to do work or perform tasks for a person with a disability.
Service animals are not pets. They are working animals trained to perform specific tasks related to the handler's disability. The ADA mandates that service animals must be allowed to accompany people with disabilities in all areas where the public is allowed to go. This includes restaurants, hotels, retail stores, medical facilities, and public transportation.
Service dogs perform a variety of tasks for individuals with disabilities, including but not limited to:
Under the ADA, businesses and organizations that serve the public must allow service animals to accompany people with disabilities in all areas where the public is allowed. This means that service animals must be permitted to accompany their handlers in restaurants, hotels, retail stores, hospitals, and theaters, among other places. Businesses may ask two questions to determine if an animal qualifies as a service animal:
Businesses cannot require documentation for the dog, ask the dog to demonstrate its task, or inquire about the nature of the person’s disability.
Emotional Support Animals (ESA) provide comfort and support to individuals with emotional or psychological conditions. Unlike service animals, ESAs do not require specific training to perform tasks related to a disability. However, ESAs are not granted the same public access rights under the ADA. They are typically only allowed in housing and on airplanes under specific circumstances, as governed by the Fair Housing Act (FHA) and the Air Carrier Access Act (ACAA).
Under the Fair Housing Act, people with disabilities are allowed to have service animals and emotional support animals live with them, even in housing that has a “no pets” policy. Landlords cannot charge pet fees or deposits for service animals or ESAs, and they cannot evict a tenant for having these animals. However, tenants can be held responsible for any damage caused by the animal.
The Air Carrier Access Act (ACAA) requires airlines to allow service animals to accompany their handlers in the cabin of the aircraft. Airlines may require documentation for emotional support animals, including a letter from a licensed mental health professional.
While service animals are granted many rights, handlers are responsible for the care and supervision of their service animal. This includes ensuring the animal is under control and well-behaved in public. A service animal may be excluded if it is out of control and the handler does not take effective action to control it, or if it is not housebroken.
Understanding the rights and responsibilities associated with service animals under the ADA and other laws is crucial for both handlers and businesses. Service animals provide essential support to individuals with disabilities, and it is important to respect their role and ensure their access to public spaces. For more detailed information, you can refer to the official ADA website or consult with a legal professional.