What is a Service Animal under the ADA?
* Definition: The ADA defines a service animal as a dog that has been individually trained to do work or perform tasks for a person with a disability.
* Tasks: These tasks can include:
* Guiding individuals who are blind or visually impaired
* Alerting individuals who are deaf or hard of hearing to sounds
* Assisting individuals with mobility impairments
* Providing emotional support (for example, a dog trained to interrupt a panic attack)
* Training: The dog must be individually trained to perform these tasks.
* Types: Only dogs are recognized as service animals under the ADA, though there are exceptions being made for miniature horses in some circumstances.
Rights of Individuals with Service Animals:
* Access to Public Places: Individuals with service animals have the right to access all public places where the general public is allowed, including restaurants, stores, transportation, and government buildings.
* No Discrimination: Businesses and organizations cannot discriminate against individuals with service animals. They cannot refuse entry, charge extra fees, or ask for special documentation.
* Accommodations: Businesses must make reasonable accommodations for individuals with service animals, including allowing the animal to accompany the individual in all areas where the public is normally allowed.
Important Considerations:
* Only tasks, not emotional support: While emotional support animals provide comfort, they are not considered service animals under the ADA. Only animals trained to perform specific tasks qualify.
* No "Service Animal" labels: Businesses are not required to have "service animal" signs, and individuals are not required to present a "service animal" ID card or any other documentation.
* "Seeing Eye Dog" vs. "Service Animal": While the term "seeing eye dog" is commonly used for guide dogs, "service animal" is a more comprehensive term that applies to dogs trained for a wider range of tasks.
What if someone claims their pet is a service animal?
* Limited Inquiries: Businesses can ask two questions:
* "Is that a service animal required because of a disability?"
* "What task has the animal been trained to perform?"
* No additional information: Businesses cannot ask for documentation, a physician's note, or request a demonstration of the animal's training.
* Misrepresentation: If a business has a reasonable belief that an animal is not a service animal or is not behaving appropriately, they can ask the individual and their service animal to leave. However, they must be able to substantiate this belief with facts.
Further Information:
* ADA Website: The US Department of Justice's ADA website has a wealth of information on service animals: https://www.ada.gov/
* National Service Animal Registry: This organization provides service animal identification cards, but it is not recognized by the ADA as a requirement for service animal access.
It's important to note that the ADA is a complex law with many nuances. This summary provides a basic overview, but it is always best to refer to official ADA resources for the most accurate and up-to-date information.