Service animals 2010 Revised requirement
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The document summarizes the revised ADA regulations regarding service animals: 1) Only dogs, or in some cases miniature horses, are recognized as service animals. They must be trained to perform tasks for individuals with disabilities. 2) Entities covered by the ADA must allow service animals to accompany people with disabilities in all areas open to the public. 3) When an animal's status as a service animal is unclear, limited inquiries are allowed to determine if the animal is required due to a disability.
Service animals 2010 Revised requirement
- 1. U.S. Department of Justice Civil Rights Division Disability Rights Section ADA 2010 Revised Service Animals Requirements The Department of Overview Justice published revised final regulations This publication provides guidance on the term service ani- implementing the mal and the service animal provisions in the Departments revised regulations. Americans with Disabilities Act (ADA) for Beginning on March 15, 2011, only dogs are recognized as service animals under titles II and III of the ADA. title II (State and local government services) A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability. and title III (public accommodations and Generally, title II and title III entities must permit service animals to accompany people with disabilities in all commercial facilities) areas where members of the public are allowed on September 15, 2010, to go. in the Federal Register. These requirements, or How Service Animal Is Defined rules, clarify and refine issues that have arisen Service animals are defined as dogs that are individually trained to do work or perform tasks for people with dis- over the past 20 years abilities. Examples of such work or tasks include guiding and contain new, and people who are blind, alerting people who are deaf, pull- ing a wheelchair, alerting and protecting a person who is updated, requirements, having a seizure, reminding a person with mental illness to including the 2010 take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, Standards for Accessible or performing other duties. Service animals are working Design (2010 Standards). animals, not pets. The work or task a dog has been trained to provide must be directly related to the persons disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA. (continued, page 2)
- 2. Revised ADA Requirements: Service Animals This definition does not affect or limit the broader definition of assistance animal Inquiries, Exclusions, Charges, under the Fair Housing Act or the broader and Other Specific Rules Related definition of service animal under the Air to Service Animals Carrier Access Act. When it is not obvious what service Some State and local laws also define an animal provides, only limited service animal more broadly than the ADA inquiries are allowed. Staff may ask does. Information about such laws can be two questions: (1) is the dog a service obtained from that States attorney gen- animal required because of a disability, erals office. and (2) what work or task has the dog been trained to perform. Staff cannot ask about the persons disability, Where Service Animals require medical documentation, require Are Allowed a special identification card or training documentation for the dog, or ask Under the ADA, State and local govern- that the dog demonstrate its ability to ments, businesses, and nonprofit organiza- perform the work or task. tions that serve the public generally must allow service animals to accompany people Allergies and fear of dogs are not valid with disabilities in all areas of the facility reasons for denying access or refusing where the public is normally allowed to service to people using service animals. go. For example, in a hospital it would be When a person who is allergic to dog inappropriate to exclude a service animal dander and a person who uses a service from areas such as patient rooms, clinics, animal must spend time in the same cafeterias, or examination rooms. However, room or facility, for example, in a school it may be appropriate to exclude a service classroom or at a homeless shelter, animal from operating rooms or burn units they both should be accommodated by where the animals presence may compro- assigning them, if possible, to different mise a sterile environment. locations within the room or different rooms in the facility. Service Animals A person with a disability cannot be Must Be Under Control asked to remove his service animal from the premises unless: (1) the dog Under the ADA, service animals must be is out of control and the handler does harnessed, leashed, or tethered, unless not take effective action to control these devices interfere with the service it or (2) the dog is not housebroken. animals work or the individuals disability When there is a legitimate reason to prevents using these devices. In that case, ask that a service animal be removed, the individual must maintain control of the staff must offer the person with the animal through voice, signal, or other effec- disability the opportunity to obtain tive controls. goods or services without the animals presence. 2
- 3. Revised ADA Requirements: Service Animals Establishments that sell or prepare food must allow service animals in Miniature Horses public areas even if state or local health codes prohibit animals on the In addition to the provisions about service premises. dogs, the Departments revised ADA regula- tions have a new, separate provision about People with disabilities who use miniature horses that have been individu- service animals cannot be isolated ally trained to do work or perform tasks for from other patrons, treated less people with disabilities. (Miniature horses favorably than other patrons, or generally range in height from 24 inches charged fees that are not charged to to 34 inches measured to the shoulders other patrons without animals. In and generally weigh between 70 and 100 addition, if a business requires a pounds.) Entities covered by the ADA must deposit or fee to be paid by patrons modify their policies to permit miniature with pets, it must waive the charge for horses where reasonable. The regulations service animals. set out four assessment factors to assist enti- ties in determining whether miniature horses If a business such as a hotel normally can be accommodated in their facility. The charges guests for damage that they assessment factors are (1) whether the min- cause, a customer with a disability may iature horse is housebroken; (2) whether the also be charged for damage caused by miniature horse is under the owners control; himself or his service animal. (3) whether the facility can accommodate the miniature horses type, size, and weight; Staff are not required to provide care and (4) whether the miniature horses pres- or food for a service animal. ence will not compromise legitimate safety requirements necessary for safe operation of the facility. For more information about the ADA, please visit our website or call our toll-free number. ADA Website www.ADA.gov To receive e-mail notifications when new ADA information is available, visit the ADA Websites home page and click the link near the top of the middle column. ADA Information Line 800-514-0301 (Voice) and 800-514-0383 (TTY) 24 hours a day to order publications by mail. M-W, F 9:30 a.m. 5:30 p.m., Th 12:30 p.m. 5:30 p.m. (Eastern Time) to speak with an ADA Specialist. All calls are confidential. For persons with disabilities, this publication is available in alternate formats. Duplication of this document is encouraged. July 2011 3