Individuals with disabilities under the Americans with Disabilities Act (ADA) may use a service animal for assistance. According to the ADA, a service animal means any breed or size of dog (or in some cases miniature horse) that is individually trained to do work or perform tasks for the benefit of an individual with disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. These tasks can include alerting a person to a sound, reminding an individual to take medication, retrieving items, pulling a wheelchair, and other tasks that are directly related to the individual’s disability.
Example of service animals that have been specifically trained to perform a task for an individual with a disability include guide dogs or Seeing Eye Dogs, Hearing or Signal Dogs (for the hearing impaired), Psychiatric Service Dog, Sensory Signal Dog, and Seizure Response Dog. Under both Title II and Title II of the ADA, service animals are limited to dogs and miniature horses (if they have been individually trained to perform tasks for individuals with disabilities). Further, a doctor’s letter does not turn an animal into a service animal – only specifically trained animals are service animals. A service animal is a working animal, not a pet.
Additionally, while most individuals with disabilities only have one service animal, there is no prohibition from having multiple service animals. For example, an individual may have a mobility disability needing a service animal for stability or to pull a wheelchair. At the same time, that individual may also need a Seizure Response Dog to provide alerts of a potential seizure.
Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA. For more information about this topic, visit the Emotional Support Animal article in the Preventing Housing Discrimination section.
The ADA makes it clear that service animals are allowed in public facilities and accommodations. A service animal must be permitted to accompany the handler to any place in the building where members of the public, customers, clients, or residents are allowed, regardless of whether the business or property has a “no pets” policy. An individual with a service animal may not be denied entry to a property or prevented from renting a dwelling simply because of a service animal.
The handler of the service animal is responsible for the care and supervision of the animal. If a service animal behaves in an unacceptable way and an individual with a disability does not control the animal, the property owner does not have to allow the animal on its premises. The ADA also requires the animal to be under the control of the handler via harness, leash, or other type of tether. The animal must be housebroken, and the handler must clean up after the animal. The animal must also be vaccinated in accordance with state and local laws.
When a person with a service animal enters a public facility, the person cannot be asked about the nature or extent of the disability. A businessowner or property owner is permitted to ask two questions:
- Is the animal required because of a disability?
- What work or task has the animal been trained to perform?
However, if the animal’s service tasks are obvious, these questions should not be asked. For example, if the service is acting as a Seeing Eye Dog for a blind person. Additionally, a property is not permitted to ask for documentation or proof that the animal has been certified, trained, or licensed as a service animal. Further, a property cannot require that the dog demonstrate the tasks it’s trained to perform. A service animal is also not required to wear a vest or any identification indicating they’re a service dog. A property owner also cannot ask an individual with a disability to pay a surcharge, deposit, or fee. However, if the service animal causes damage, a property owner can charge the individual for the damage caused.
For housing, especially for properties that do not permit animals, reasonable accommodations may be required for individuals with a service animal. Property owners can learn more by visiting the article on Accommodations and Modifications for Disabled Residents in the “Preventing Housing Discrimination” section (link). Property owners must make reasonable modifications in policies to allow individuals with disabilities to use dogs or miniature horses if they have bene trained to do work or perform tasks for individuals with disabilities.
For determining reasonable accommodations for miniature horses, a property owner may assess the type, size, and weight of the animal in determining whether the horse will be allowed access to the facility. Generally, miniature horses range in height from 24 inches to 34 inches measured to the shoulders and weigh between 70 and 100 pounds.
According to the ADA, the regulations set out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.
Source for references: https://www.ada.gov/topics/service-animals/; https://www.ada.gov/resources/service-animals-2010-requirements/