[nagdu] New! Revised ADA Requirements: Service Animals

Wed Jul 6 23:41:45 UTC 2011

Revised ADA Requirements: Service Animals

http://www.ada.gov/service_animals_2010.htm

U.S. Department of Justice

Civil Rights Division

Disability Rights Section

  Service Animals

The Department of Justice published revised final regulations implementing
the Americans with Disabilities Act (ADA) for title II (State and local
government services) and title III (public accommodations and commercial
facilities) on September 15, 2010, in the Federal Register. These
requirements, or rules, clarify and refine issues that have arisen over the
past 20 years and contain new, and 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 new regulations.

Beginning on March 15, 2011, only dogs are recognized as service animals
under titles II 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.

Generally, title II and title III entities must permit service animals to
accompany people with disabilities in all areas where members of the public
are allowed to go.

Content for class "cleardiv" Goes HereHow "Service Animal" Is DefinedService
animals are defined as 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
anxiety attack, or performing other duties. Service animals are working
animals, not pets. The 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 qualify as service animals
under 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 animal more broadly than the
ADA does. Information about such laws can be obtained from the State
attorney general's office.

Where Service Animals Are Allowed

Under the ADA, State and local governments, businesses, and nonprofit
organizations that serve the public generally must allow service animals to
accompany people with disabilities in all areas of the facility where the
public is normally allowed to go. For example, in a hospital it would be
inappropriate to exclude a service animal from areas such as patient rooms,
clinics, cafeterias, or examination rooms. However, it may be appropriate to
exclude a service animal from operating rooms or burn units where the
animal's presence may compromise a sterile environment.

Service Animals Must Be Under Control

Under the ADA, service animals must be harnessed, leashed, or tethered,
unless these devices interfere with the service animal's work or the
individual's disability prevents using these devices. In that case, the
individual must maintain control of the animal through voice, signal, or
other effective controls.

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

When it is not obvious what service an animal provides, only limited
inquiries are allowed. Staff may ask two questions: (1) is the dog a service
animal required because of a disability, and (2) what work or task has the
dog been trained to perform. Staff cannot ask about the person's disability,
require medical documentation, require a special identification card or
training documentation for the dog, or ask that the dog demonstrate its
ability to perform the work or task.

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 animal must spend
time in the same room or facility, for example, 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 different rooms in the
facility.

A person with a disability cannot be asked to remove his service animal from
the premises unless: (1) the dog is out of control and the handler does not
take effective action to control it or (2) the dog is not housebroken. When
there is a legitimate reason to ask that a service animal be removed, staff
must offer the person with the disability the opportunity to obtain goods or
services without the animal's presence.

Establishments that sell or prepare food must allow service animals in
public areas even if state or local health codes prohibit animals on the
premises.

People with disabilities who use service animals cannot be 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 as a hotel normally charges guests for damage that they
cause, a customer with a disability may also be charged for damage caused by
himself or his service animal.

Staff are not required to provide care or food for a service animal.

Miniature Horses

In addition to the provisions about service dogs, the Department's revised
ADA regulations have a new, separate provision about miniature horses that
have been individually trained to do 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 permit
miniature horses where reasonable. The regulations set out four assessment
factors to assist entities in determining whether miniature horses can be
accommodated in their facility. The assessment 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's type, size, and weight; and (4) whether the miniature horse's
presence will not compromise legitimate safety requirements necessary for
safe operation 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 e-mail notifications when new ADA information is available, 

visit the ADA Website's home page and click the link near the top of the
middle column.

ADA Information Line

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

24 hours a day to order publications by mail.

M-W, F 9:30 a.m. - 5:30 p.m., Th 12:30 p.m. - 5:30 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 document is encouraged. July 2011 