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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 fifteen, 2010, in the Federal Annals. These requirements, or rules, contain 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 regulations.

Kickoff on March fifteen, 2011, only dogs are recognized as service animals under titles II and Iii of the ADA.
A service brute is a canis familiaris that is individually trained to exercise work or perform tasks for a person with a disability.
Generally, title 2 and title III entities must permit service animals to accompany people with disabilities in all areas where members of the public are immune to go.

How "Service Animal" Is Defined

Service 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 bullheaded, 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 assault, or performing other duties. Service animals are working animals, not pets. The work or task a domestic dog has been trained to provide must exist directly related to the person's disability. Dogs whose sole part is to provide comfort or emotional support do not qualify equally service animals under the ADA.

This definition does not affect or limit the broader definition of "assistance creature" under the Fair Housing Act or the broader definition of "service animate being" under the Air Carrier Access Act.

Some Country and local laws besides define service animal more broadly than the ADA does. Information almost such laws tin exist obtained from the relevant State chaser full general's part.

Where Service Animals Are Immune

Under the ADA, State and local governments, businesses, and nonprofit organizations that serve the public mostly must let service animals to back-trail people with disabilities in all areas of the facility where the public is allowed to go. For example, in a infirmary it commonly would be inappropriate to exclude a service creature from areas such equally patient rooms, clinics, cafeterias, or test rooms. However, it may exist advisable 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

A service brute must be under the control of its handler. Under 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 fauna'due south safe, effective performance of tasks. In that case, the individual must maintain control of the animal through voice, indicate, or other effective controls.

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

When information technology is not obvious what service an beast provides, only limited inquiries are immune. 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 canis familiaris been trained to perform. Staff cannot ask well-nigh the person's disability, crave medical documentation, require a special identification card or preparation documentation for the dog, or inquire that the dog demonstrate its ability to perform the work or chore.
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 dog dander and a person who uses a service animal must spend fourth dimension in the same room or facility, for case, in a schoolhouse classroom or at a homeless shelter, they both should exist 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 brute from the premises unless: (ane) the dog is out of control and the handler does not take effective action to command information technology or (2) the domestic dog is not housebroken. When there is a legitimate reason to ask that a service animate being be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the beast's presence.
Establishments that sell or prepare nutrient must by and large allow service animals in public areas even if country or local wellness codes prohibit animals on the premises.
People with disabilities who use service animals cannot exist 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 concern requires a eolith or fee to be paid by patrons with pets, it must waive the accuse for service animals.
If a business such as a hotel commonly charges guests for damage that they cause, a client with a disability may also be charged for harm caused by himself or his service animal.
Staff are not required to provide care for or supervision of a service beast.

Miniature Horses

In improver to the provisions about service dogs, the Department's ADA regulations have a divide provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. (Miniature horses by and large range in summit from 24 inches to 34 inches measured to the shoulders and mostly counterbalance between 70 and 100 pounds.) Entities covered by the ADA must alter their policies to permit miniature horses where reasonable. The regulations gear up out 4 assessment factors to assist entities in determining whether miniature horses tin be accommodated in their facility. The assessment factors are (1) whether the miniature equus caballus is housebroken; (two) whether the miniature horse is under the possessor's control; (3) whether the facility can accommodate the miniature equus caballus's blazon, size, and weight; and (4) whether the miniature horse's presence will non compromise legitimate safety requirements necessary for safety operation of the facility.

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For persons with disabilities, this publication is bachelor in alternate formats.

Duplication of this document is encouraged.

The Americans with Disabilities Act authorizes the Department of Justice (the Department) to provide technical aid to individuals and entities that have rights or responsibilities under the Deed. This document provides informal guidance to aid you in understanding the ADA and the Department'south regulations.

This guidance document is non intended to exist a final agency activeness, has no legally binding effect, and may be rescinded or modified in the Department's complete discretion, in accordance with applicable laws. The Section'due south guidance documents, including this guidance, do not found legally enforceable responsibilities across what is required by the terms of the applicable statutes, regulations, or binding judicial precedent.

Originally issued: July 12, 2011

Final updated: February 24, 2020