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Last Updated: February 28, 2020
The Department of Justice regularly receives inquiries about how the Americans with Disabilities Act applies to service animals. The ADA mandates that state and local government agencies, businesses, and non-profit organizations providing public goods or services accommodate individuals by making reasonable modifications in policies, practices, or procedures if necessary to support people with disabilities. This guidance clarify the provisions regarding service animals under the ADA and should be read alongside ADA Revised Requirements: Service Animals.
Service Animal Definition
Questions and Answers on the Role of Service Animals
Q: What is a service animal?
A: A service animal is any animal that provides assistance to an individual with a disability. This includes both dogs and, in some cases, miniature horses that perform tasks or provide services for people with disabilities.
Q: How do I determine if an animal qualifies as a service animal?
A: An organization can request documentation from the individual proving the animal's role as a service animal, but it is not required by law. It remns the responsibility of the individual to demonstrate their need for the animal's support.
Service Animal Rights and Responsibilities
Questions and Answers on the Rights and Duties of Service Animals
Q: What rights do service animals have under the ADA?
A: Service animals have the right to be accompanied by their owners in public areas where pets are generally prohibited, including restaurants, retl stores, and on commercial flights.
Q: How does a service animal interact with businesses or establishments it enters?
A: Service animals must be allowed into these places additional fees. They can approach food preparation areas only if necessary for the animal to perform its role effectively.
Service Animal Trning
Questions about Trning Requirements
Q: Do I need formal trning for my service animal?
A: Formal trning is not required by law, but it might help ensure that your service animal behaves appropriately in public settings and performs their tasks effectively.
Service Animals in Public Settings
Understanding the Environment
Q: What rights do service animals have outdoors or in public spaces?
A: Service animals are entitled to accompany their owners into public places such as parks, beaches, and sports events except for areas where specific rules apply.
Legal Considerations When Excluding Service Animals
When can a business legally exclude a service animal?
The business is unable to provide necessary services due to the animal's behavior.
The animal poses a direct threat that cannot be mitigated by removing it from the premises.
Handling Disturbances and Disruptive Behaviors
Strategies for Managing Incidents
Q: What should employees do if faced with a service animal causing disruption?
A: Staff members should first address the behavior of the animal as they would any other customer's disturbance. If necessary, involve security or management to ensure public safety while respecting the individual's rights.
ADA Violations and Enforcement
How to Address Discrimination Agnst Service Animals
Q: What can be done if a service animal is discriminated agnst?
A: Individuals should document the incident and report it to relevant authorities or organizations that enforce disability laws. The Department of Justice can provide guidance on filing complnts under Title III of the ADA.
Additional Topics
Questions about Special Circumstances Related to Service Animals
Q: Do stores have to allow service animals in shopping carts?
A: Generally, no, as this is not covered by the ADA or other federal regulations.
Q: Can restaurants and bars accommodate service animals at tables or feed them during meals?
A: Yes, unless there's a specific reason that would cause undue hardship for the establishment.
Q: Are swimming pools or fitness centers required to let service animals accompany their owners?
A: The accommodation deps on local laws. Service animals may be allowed in water facilities under certn conditions but not necessarily always.
Questions about Residences and Government Agencies
Navigating Accommodation Requirements
Q: Do apartment complexes, mobile home parks, and other residential properties have to accommodate service animals?
A: Yes, unless allowing a service animal would pose an undue hardship on the property owner or operator.
Q: Are federal agencies like the U.S. Department of Veterans Affrs bound by ADA regulations for service animals?
A: Yes, these agencies must comply with Title I and III of the ADA.
Q: Do commercial rlines adhere to the ADA's rules regarding service animals?
A: rlines must comply with specific Federal r Regulations related to accommodating service animals on flights.
Additional Resources
Seeking More Information about the Americans with Disabilities Act
We provide information through our ADA.gov website, which includes a toll-free number for assistance:
ADA Information Line:
800-514-0301 Voice and 1-833-610-1264 TTY
Monday to Wednesday Friday: 9:30 AM – 12:00 PM, 3:00 PM - 5:30 PM
Thursday: 2:30 PM – 5:30 PM Eastern Time
Individuals seeking information in alternative formats can contact us.
This guidance document is not inted to be a final agency action and has no legally binding effect. It may be rescinded or modified according to applicable laws, without creating any enforceable legal rights beyond those already established by the ADA and its regulations.
Original Issue Date: July 20, 2015
Contact Information:
U.S. Department of Justice Civil Rights Division Disability Rights Section
950 Pennsylvania Avenue, NW Washington, D.C. 20530-0001
This article is reproduced from: https://www.ada.gov/resources/service-animals-faqs/
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Americans with Disabilities Act Guidance for Service Animals Rights and Responsibilities of Service Animals Training Requirements for Service Animals Public Settings Accommodation for Service Animals Legal Considerations Excluding Service Animals Discrimination Against Service Animals Enforcement