What Animals Can Legally Be Service Animals

Service Animals

The Department of Justice published revised final regulations implementing the Americans with Disabilities Human activity (ADA) for championship II (State and local regime services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, contain updated requirements, including the 2010 Standards for Accessible Blueprint (2010 Standards).

Overview

This publication provides guidance on the term "service fauna" and the service animate being provisions in the Department'south regulations.

• Beginning on March 15, 2011, only dogs are recognized as service animals nether titles 2 and Iii of the ADA.
• A service animal is a canis familiaris that is individually trained to do work or perform tasks for a person with a inability.
• Generally, title II and title III entities must permit service animals to back-trail people with disabilities in all areas where members of the public are immune to become.

How "Service Animal" Is Divers

Service animals are divers equally 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 accept prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety set on, or performing other duties. Service animals are working animals, non pets. The work or task a domestic dog has been trained to provide must be directly related to the person's inability. Dogs whose sole function is to provide comfort or emotional back up do not qualify equally service animals under the ADA.

This definition does not touch on or limit the broader definition of "aid animal" under the Fair Housing Human activity or the broader definition of "service animal" nether the Air Carrier Access Human action.

Some State and local laws also define service animal more broadly than the ADA does. Information about such laws can be obtained from the relevant State attorney general's office.

Where Service Animals Are Allowed

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

Service Animals Must Be Under Control

A service animal must be under the control of its handler. Nether the ADA, service animals must exist harnessed, leashed, or tethered, unless the individual's disability prevents using these devices or these devices interfere with the service beast'southward safe, constructive performance of tasks. In that case, the private must maintain control of the animal through vocalisation, indicate, or other constructive controls.

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

• When it is not obvious what service an fauna provides, only limited inquiries are allowed. Staff may inquire ii questions: (1) is the dog a service animal required because of a inability, and (ii) what work or chore has the dog been trained to perform. Staff cannot ask about the person'due south inability, crave medical documentation, crave a special identification carte or training documentation for the dog, or ask that the domestic dog demonstrate its power to perform the work or task.
• Allergies and fear of dogs are not valid reasons for denying admission 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 time in the same room or facility, for case, 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 canis familiaris is out of command and the handler does not have constructive 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 creature's presence.
• Establishments that sell or prepare food must generally allow service animals in public areas fifty-fifty if country or local health codes prohibit animals on the bounds.
• 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 improver, if a business requires a deposit or fee to exist paid past patrons with pets, it must waive the charge for service animals.
• If a business concern such as a hotel normally charges guests for harm that they crusade, a client with a disability may also be charged for damage acquired by himself or his service animal.
• Staff are not required to provide care for or supervision of a service animal.

Miniature Horses

In addition to the provisions about service dogs, the Department's ADA regulations take a separate provision about miniature horses that have been individually trained to exercise work or perform tasks for people with disabilities. (Miniature horses generally range in summit 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 let miniature horses where reasonable. The regulations gear up out four assessment factors to assistance entities in determining whether miniature horses can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (two) whether the miniature horse is under the owner'south control; (3) whether the facility tin can conform the miniature horse's type, size, and weight; and (four) whether the miniature equus caballus's presence will not compromise legitimate condom requirements necessary for safe operation of the facility.

For more than data about the ADA, please visit our website or call our toll-gratis number.

ADA Website

www.ADA.gov

To receive e-mail service notifications when new ADA information is available,

visit the ADA Website's home page to sign up for email updates.

ADA Information Line

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

24 hours a day to social club publications by mail.

M-Due west, F 9:30 a.m. – 5:30 p.1000., Th 12:30 p.m. – v:30 p.thou. (Eastern Fourth dimension)

to speak with an ADA Specialist. All calls are confidential.

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

Duplication of this certificate is encouraged.

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

This guidance certificate is not intended to be a final agency action, has no legally bounden event, and may be rescinded or modified in the Department'southward complete discretion, in accord with applicative laws. The Department's guidance documents, including this guidance, do not establish legally enforceable responsibilities across what is required by the terms of the applicable statutes, regulations, or binding judicial precedent.

Originally issued: July 12, 2011

Last updated: Feb 24, 2020

Source: https://www.ada.gov/service_animals_2010.htm

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