The Americans with Disabilities Act (ADA) outlines specific regulations regarding service animals. This article aims to Define Service animals, clarify their role, and explain the rights and responsibilities associated with them under the ADA.
What Defines a Service Animal?
The ADA defines a service animal as a dog that is individually trained to do work or perform tasks for a person with a disability. This training goes beyond basic obedience. The tasks performed must be directly related to the individual’s disability.
Here are some examples of tasks a service animal might perform:
- Guiding a person who is blind
- Alerting a person who is deaf
- Pulling a wheelchair
- Alerting and protecting a person during a seizure
- Reminding a person to take medication
- Calming a person with PTSD during an anxiety attack
It’s crucial to understand that emotional support animals or comfort animals do not qualify as service animals under the ADA. These animals provide companionship and emotional comfort but haven’t received task-specific training related to a disability. This distinction is important because service animals have access rights that emotional support animals do not. The ADA definition also excludes other species; only dogs are recognized as service animals. However, there’s a separate provision for miniature horses, discussed later in this article.
Where Are Service Animals Allowed?
Generally, service animals are allowed wherever the public is allowed to go. This includes businesses, government buildings, and non-profit organizations that serve the public. For instance, service animals can accompany their handlers in hospitals, restaurants, stores, and public transportation.
However, there are limited exceptions. Service animals can be excluded from areas where their presence might compromise a sterile environment, such as operating rooms or burn units. The key consideration is whether the animal’s presence fundamentally alters the nature of the service being provided.
Control and Responsibility of Service Animals
While service animals have broad access rights, they must be under the control of their handler at all times. This typically means the animal is harnessed, leashed, or tethered. If these devices interfere with the service animal’s work or the handler’s disability prevents their use, the handler must maintain control through voice, signal, or other effective means. Handlers are also responsible for the animal’s behavior and cleanliness.
Inquiries about Service Animals
When it’s not obvious what service an animal provides, staff can ask only two questions:
- Is the dog a service animal required because of a disability?
- What work or task has the dog been trained to perform?
Staff cannot inquire about the person’s disability, request medical documentation, require special identification for the dog, or ask for a demonstration of the dog’s abilities. These inquiries are prohibited to protect the privacy of individuals with disabilities.
Addressing Concerns about Service Animals
Allergies and fear of dogs are not valid reasons for denying access to individuals with service animals. Reasonable accommodations should be made to address these concerns, such as separating individuals with allergies from service animal teams whenever possible.
A service animal can be removed from the premises only if:
- The dog is out of control and the handler does not take effective action to control it.
- The dog is not housebroken.
If a service animal is removed, the business must still offer the individual the opportunity to obtain goods or services without the animal present. Businesses also cannot charge extra fees for service animals or treat individuals with service animals less favorably than other patrons.
Miniature Horses as Service Animals
The ADA also addresses the use of miniature horses as service animals. Businesses must consider requests to accommodate miniature horses and make modifications where reasonable. Four factors are considered in this assessment:
- Whether the miniature horse is housebroken
- Whether the miniature horse is under the owner’s control
- Whether the facility can accommodate the miniature horse’s size and weight
- Whether the miniature horse’s presence will compromise safety requirements
Conclusion
Defining “service” in the context of the ADA clarifies the crucial role these animals play in the lives of people with disabilities. Understanding these regulations ensures that individuals with service animals can fully participate in society while respecting the rights and needs of others. For further information, consult the ADA website (ada.gov).
