[Njagdu] New FAQ about service animals from the DOJ

[Ginger Kutsch]

U.S. Department of Justice
Civil Rights Division
Disability Rights Section

Department of Justice seal

 <http://www.ada.gov/regs2010/service_animal_qa.pdf> 
Link to PDF Version 


Frequently Asked Questions about Service Animals and the ADA


Many people with disabilities use a service animal in order to fully
participate in everyday life. Dogs can be trained to perform many important
tasks to assist people with disabilities, such as providing stability for a
person who has difficulty walking, picking up items for a person who uses a
wheelchair, preventing a child with autism from wandering away, or alerting
a person who has hearing loss when someone is approaching from behind. 

The Department of Justice continues to receive many questions about how the
Americans with Disabilities Act (ADA) applies to service animals. The ADA
requires State and local government agencies, businesses, and non-profit
organizations (covered entities) that provide goods or services to the
public to make "reasonable modifications" in their policies, practices, or
procedures when necessary to accommodate people with disabilities. The
service animal rules fall under this general principle. Accordingly,
entities that have a "no pets" policy generally must modify the policy to
allow service animals into their facilities. This publication provides
guidance on the ADA's service animal provisions and should be read in
conjunction with the publication ADA Revised Requirements: Service Animals
<http://www.ada.gov/service_animals_2010.htm> .

Definition <http://www.ada.gov/regs2010/service_animal_qa.html#def>   |
General Rules <http://www.ada.gov/regs2010/service_animal_qa.html#gen>   |
Certification and Registration
<http://www.ada.gov/regs2010/service_animal_qa.html#cert>  
 Breeds <http://www.ada.gov/regs2010/service_animal_qa.html#bre>   |
Exclusion of a Service Animals
<http://www.ada.gov/regs2010/service_animal_qa.html#exc>    |  Miscellaneous
<http://www.ada.gov/regs2010/service_animal_qa.html#misc>   |  Resources
<http://www.ada.gov/regs2010/service_animal_qa.html#res> 


DEFINITION OF A SERVICE ANIMAL


Q1. What is a service animal?

A. Under the ADA, a service animal is defined as a dog that has been
individually trained to do work or perform tasks for an individual with a
disability.  The task(s) performed by the dog must be directly related to
the person's disability.

Q2. What does "do work or perform tasks" mean?

A. The dog must be trained to take a specific action when needed to assist
the person with a disability. For example, a person with diabetes may have a
dog that is trained to alert him when his blood sugar reaches high or low
levels. A person with depression may have a dog that is trained to remind
her to take her medication. Or, a person who has epilepsy may have a dog
that is trained to detect the onset of a seizure and then help the person
remain safe during the seizure.

Q3. Are emotional support, therapy, comfort, or companion animals considered
service animals under the ADA?

A. No.  These terms are used to describe animals that provide comfort just
by being with a person.  Because they have not been trained to perform a
specific job or task, they do not qualify as service animals under the ADA.
However, some State or local governments have laws that allow people to take
emotional support animals into public places.  You may check with your State
and local government agencies to find out about these laws.

Q4. If someone's dog calms them when having an anxiety attack, does this
qualify it as a service animal?

A. It depends. The ADA makes a distinction between psychiatric service
animals and emotional support animals. If the dog has been trained to sense
that an anxiety attack is about to happen and take a specific action to help
avoid the attack or lessen its impact, that would qualify as a service
animal. However, if the dog's mere presence provides comfort, that would not
be considered a service animal under the ADA.

Q5. Does the ADA require service animals to be professionally trained?

A. No. People with disabilities have the right to train the dog themselves
and are not required to use a professional service dog training program.

Q6. Are service-animals-in-training considered service animals under the
ADA?

A. No. Under the ADA, the dog must already be trained before it can be taken
into public places. However, some State or local laws cover animals that are
still in training.


GENERAL RULES


Q7. What questions can a covered entity's employees ask to determine if a
dog is a service animal?

A. In situations where it is not obvious that the dog is a service animal,
staff may ask only two specific 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 are not allowed to request any documentation for
the dog, require that the dog demonstrate its task, or inquire about the
nature of the person's disability.

Q8. Do service animals have to wear a vest or patch or special harness
identifying them as service animals?

A. No. The ADA does not require service animals to wear a vest, ID tag, or
specific harness.

Q9. Who is responsible for the care and supervision of a service animal?

A. The handler is responsible for caring for and supervising the service
animal, which includes toileting, feeding, and grooming and veterinary care.
Covered entities are not obligated to supervise or otherwise care for a
service animal.

Q10. Can a person bring a service animal with them as they go through a
salad bar or other self-service food lines?

A. Yes. Service animals must be allowed to accompany their handlers to and
through self-service food lines. Similarly, service animals may not be
prohibited from communal food preparation areas, such as are commonly found
in shelters or dormitories. 

Q11. Can hotels assign designated rooms for guests with service animals, out
of consideration for other guests? 

A. No. A guest with a disability who uses a service animal must be provided
the same opportunity to reserve any available room at the hotel as other
guests without disabilities. They may not be restricted to "pet-friendly"
rooms.

Q12. Can hotels charge a cleaning fee for guests who have service animals?

No. Hotels are not permitted to charge guests for cleaning the hair or
dander shed by a service animal. However, if a guest's service animal causes
damages to a guest room, a hotel is permitted to charge the same fee for
damages as charged to other guests.

Q13. Can people bring more than one service animal into a public place?

A. Generally, yes. Some people with disabilities may use more than one
service animal to perform different tasks. For example, a person who has a
visual disability and a seizure disorder may use one service animal to
assist with way-finding and another that is trained as a seizure alert dog.
Other people may need two service animals for the same task, such as a
person who needs two dogs to assist him or her with stability when walking.
Staff may ask the two permissible questions (See Question 7) about each of
the dogs. If both dogs can be accommodated, both should be allowed in. In
some circumstances, however, it may not be possible to accommodate more than
one service animal. For example, in a crowded small restaurant, only one dog
may be able to fit under the table. The only other place for the second dog
would be in the aisle, which would block the space between tables. In this
case, staff may request that one of the dogs be left outside.

Q14. Does a hospital have to allow an in-patient with a disability to keep a
service animal in his or her room?

A. Generally, yes. Service animals must be allowed in patient rooms and
anywhere else in the hospital the public and patients are allowed to go.
They cannot be excluded on the grounds that staff can provide the same
services.

Q15. What happens if a patient who uses a service animal is admitted to the
hospital and is unable to care for or supervise their animal?

A. If the patient is not able to care for the service animal, the patient
can make arrangements for a family member or friend to come to the hospital
to provide these services, as it is always preferable that the service
animal and its handler not be separated, or to keep the dog during the
hospitalization. If the patient is unable to care for the dog and is unable
to arrange for someone else to care for the dog, the hospital may place the
dog in an animal shelter until the patient is released, or make other
appropriate arrangements. However, the hospital must give the patient the
opportunity to make arrangements for the dog's care before taking such
steps.

Q16. Must a service animal be allowed to ride in an ambulance with its
handler?

A. Generally, yes.  However, if the space in the ambulance is crowded and
the dog's presence would interfere with the emergency medical staff's
ability to treat the patient, staff should make other arrangements to have
the dog transported to the hospital.


CERTIFICATION AND REGISTRATION


Q17. Does the ADA require that service animals be certified as service
animals? 

A. No.  Covered entities may not require documentation, such as proof that
the animal has been certified, trained, or licensed as a service animal, as
a condition for entry. 

There are individuals and organizations that sell service animal
certification or registration documents online. These documents do not
convey any rights under the ADA and the Department of Justice does not
recognize them as proof that the dog is a service animal.

 

Q18. My city requires all dogs to be vaccinated.  Does this apply to my
service animal?

A. Yes.  Individuals who have service animals are not exempt from local
animal control or public health requirements.

Q19. My city requires all dogs to be registered and licensed.  Does this
apply to my service animal? 

A. Yes.  Service animals are subject to local dog licensing and registration
requirements.

Q20. My city requires me to register my dog as a service animal. Is this
legal under the ADA? 

A. No.  Mandatory registration of service animals is not permissible under
the ADA.  However, as stated above, service animals are subject to the same
licensing and vaccination rules that are applied to all dogs.

Q21. My city / college offers a voluntary registry program for people with
disabilities who use service animals and provides a special tag identifying
the dogs as service animals. Is this legal under the ADA? 

A. Yes.  Colleges and other entities, such as local governments, may offer
voluntary registries.  Many communities maintain a voluntary registry that
serves a public purpose, for example, to ensure that emergency staff know to
look for service animals during an emergency evacuation process.  Some offer
a benefit, such as a reduced dog license fee, for individuals who register
their service animals.  Registries for purposes like this are permitted
under the ADA.  An entity may not, however, require that a dog be registered
as a service animal as a condition of being permitted in public places.
This would be a violation of the ADA.


BREEDS


Q22. Can service animals be any breed of dog?

A. Yes.  The ADA does not restrict the type of dog breeds that can be
service animals.

Q23. Can individuals with disabilities be refused access to a facility based
solely on the breed of their service animal? 

A. No.  A service animal may not be excluded based on assumptions or
stereotypes about the animal's breed or how the animal might behave.
However, if a particular service animal behaves in a way that poses a direct
threat to the health or safety of others, has a history of such behavior, or
is not under the control of the handler, that animal may be excluded.  If an
animal is excluded for such reasons, staff must still offer their goods or
services to the person without the animal present.

Q24. If a municipality has an ordinance that bans certain dog breeds, does
the ban apply to service animals?

A. No.  Municipalities that prohibit specific breeds of dogs must make an
exception for a service animal of a prohibited breed, unless the dog poses a
direct threat to the health or safety of others.  Under the "direct threat"
provisions of the ADA, local jurisdictions need to determine, on a
case-by-case basis, whether a particular service animal can be excluded
based on that particular animal's actual behavior or history, but they may
not exclude a service animal because of fears or generalizations about how
an animal or breed might behave.  It is important to note that breed
restrictions differ significantly from jurisdiction to jurisdiction.  In
fact, some jurisdictions have no breed restrictions.


EXCLUSION OF SERVICE ANIMALS


Q25. When can service animals be excluded? 

A. The ADA does not require covered entities to modify policies, practices,
or procedures if it would "fundamentally alter" the nature of the goods,
services, programs, or activities provided to the public.  Nor does it
overrule legitimate safety requirements.  If admitting service animals would
fundamentally alter the nature of a service or program, service animals may
be prohibited.  In addition, if a particular service animal is out of
control and the handler does not take effective action to control it, or if
it is not housebroken, that animal may be excluded.

Q26. When might a service dog's presence fundamentally alter the nature of a
service or program provided to the public?

A. In most settings, the presence of a service animal will not result in a
fundamental alteration.  However, there are some exceptions.  For example,
at a boarding school, service animals could be restricted from a specific
area of a dormitory reserved specifically for students with allergies to dog
dander.  At a zoo, service animals can be restricted from areas where the
animals on display are the natural prey or natural predators of dogs, where
the presence of a dog would be disruptive, causing the displayed animals to
behave aggressively or become agitated.  They cannot be restricted from
other areas of the zoo.  

Q27. What does under control mean?  Do service animals have to be on a
leash?  Do they have to be quiet and not bark?

A. The ADA requires that service animals be under the control of the handler
at all times. In most instances, the handler will be the individual with a
disability or a third party who accompanies the individual with a
disability. In the school (K-12) context and in similar settings, the school
or similar entity may need to provide some assistance to enable a particular
student to handle his or her service animal. The service animal must be
harnessed, leashed, or tethered while in public places unless these devices
interfere with the service animal's work or the person's disability prevents
use of these devices. In that case, the person must use voice, signal, or
other effective means to maintain control of the animal. For example, a
person who uses a wheelchair may use a long, retractable leash to allow her
service animal to pick up or retrieve items. She may not allow the dog to
wander away from her and must maintain control of the dog, even if it is
retrieving an item at a distance from her. Or, a returning veteran who has
PTSD and has great difficulty entering unfamiliar spaces may have a dog that
is trained to enter a space, check to see that no threats are there, and
come back and signal that it is safe to enter. The dog must be off leash to
do its job, but may be leashed at other times. Under control also means that
a service animal should not be allowed to bark repeatedly in a lecture hall,
theater, library, or other quiet place. However, if a dog barks just once,
or barks because someone has provoked it, this would not mean that the dog
is out of control.

Q28. What can my staff do when a service animal is being disruptive? 

A. If a service animal is out of control and the handler does not take
effective action to control it, staff may request that the animal be removed
from the premises.

Q29. Are hotel guests allowed to leave their service animals in their hotel
room when they leave the hotel?

A. No, the dog must be under the handler's control at all times.

Q30. What happens if a person thinks a covered entity's staff has
discriminated against him or her?

A. Individuals who believe that they have been illegally denied access or
service because they use service animals may file a complaint with the U.S.
Department of Justice.  Individuals also have the right to file a private
lawsuit in Federal court charging the entity with discrimination under the
ADA.


MISCELLANEOUS


Q31. Are stores required to allow service animals to be placed in a shopping
cart?

A. No.  Generally, the dog must stay on the floor, or the person must carry
the dog.  For example, if a person with diabetes has a glucose alert dog, he
may carry the dog in a chest pack so it can be close to his face to allow
the dog to smell his breath to alert him of a change in glucose levels.

Q32. Are restaurants, bars, and other places that serve food or drink
required to allow service animals to be seated on chairs or allow the animal
to be fed at the table?

A. No.  Seating, food, and drink are provided for customer use only.  The
ADA gives a person with a disability the right to be accompanied by his or
her service animal, but covered entities are not required to allow an animal
to sit or be fed at the table.

Q33. Are gyms, fitness centers, hotels, or municipalities that have swimming
pools required to allow a service animal in the pool with its handler?

A. No.  The ADA does not override public health rules that prohibit dogs in
swimming pools.  However, service animals must be allowed on the pool deck
and in other areas where the public is allowed to go.

Q34. Are churches, temples, synagogues, mosques, and other places of worship
required to allow individuals to bring their service animals into the
facility?

A. No.  Religious institutions and organizations are specifically exempt
from the ADA.  However, there may be State laws that apply to religious
organizations.

Q35. Do apartments, mobile home parks, and other residential properties have
to comply with the ADA? 

A. The Fair Housing Act is the Federal law that protects the rights of
people with disabilities in residential facilities.  For information or to
file a complaint, contact the U.S. Department of Housing and Urban
Development at 1-800-669-9777.

Q36. Do Federal agencies, such as the U.S. Department of Veterans Affairs,
have to comply with the ADA?

A. No.  Section 504 of the Rehabilitation Act of 1973 is the Federal law
that protects the rights of people with disabilities to participate in
Federal programs and services.  For information or to file a complaint,
contact the agency's equal opportunity office.

Q37. Do commercial airlines have to comply with the ADA?

A. No.  The Air Carrier Access Act is the Federal law that protects the
rights of people with disabilities in air travel.  For information or to
file a complaint, contact the U.S. Department of Transportation, Aviation
Consumer Protection Division, at 202-366-2220.


RESOURCES


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

ADA WEBSITE

www.ADA.gov <http://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 bottom of the
right-hand column. 

ADA INFORMATION LINE 

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

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. Calls are confidential. 

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

Duplication of this document is encouraged.
July 2015

  _____  

ADA Home Page <http://www.ada.gov/regs2010/titleII_2010/index.html> 

July 13, 2015

 

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