The Americans with Disabilities Act (ADA) is a federal law that defines service dogs, provides access rights for team members, and protects the rights of both. In addition to the ADA, there are also state laws that provide specific rights to service dog teams. As a general rule, the more comprehensive law (federal or state) will take precedence over any other legislation in the event of a conflict.
Service Dogs
The ADA defines a service dog as “a dog that has been individually trained to do work or perform tasks for an individual with a disability” (ADA 2010). This means that only dogs who have been specifically trained to help people with disabilities are considered service dogs. Some common tasks that service dogs may perform include guiding people who are blind or visually impaired, alerting people who are deaf or hard of hearing, pulling wheelchairs, providing balance and stability for people with mobility issues, retrieving dropped items, and assisting with medication administration.
Service dog handlers have the legal right to take their service dog into public place where members of the public are allowed. This includes businesses such as restaurants, stores, hotels, and transportation systems. Service dogs must be allowed to accompany their handlers in all areas of these places where the public is allowed to go. Team access should not be denied because of a fear of allergies or pet dander.
In addition to having access to all public places, service dog handlers also have the right to be accompanied by their service dog in any place where they are receiving services. This includes doctor’s offices, hospitals, and mental health facilities. Service dogs must be allowed to accompany their handlers into areas of these places where the public is allowed to go.
Important Legal Information about Service Dogs
If a service dog is denied access to any public or private place, the handler can file a complaint with the U.S. Department of Justice Civil Rights Division. The DOJ will investigate the complaint and work to resolve the situation.
Service dogs and their handlers are also protected by the Federal Fair Housing Act.
This law states that it is illegal to discriminate against someone because they have a disability and that includes refusing them housing because they have a service dog.
The ADA does not require covered entities to modify policies, practices, or procedures if it would “fundamentally alter” the nature of the goods, services, programs, or activities provided to the public. Nor does it overrule legitimate safety requirements.
If admitting service animals would fundamentally alter the nature of a service or program, service animals may be prohibited.
In addition, if a particular service animal is out of control and the handler does not take effective action to control it, or if it is not housebroken, that animal may be excluded.
If you need a Forensic Evaluation, please click the link.
The Americans with Disabilities Act (ADA) is the federal law that provides access rights for service dog teams. This law supersedes any state law that may provide lesser rights or protections. For more information on the ADA, please visit ada.gov
