Frequently Asked Questions
Service Animals in Places of Business
Q. What is the definition of a service animal?
A. The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government. Service animals are working animals, not pets.
Q. What are some of the things service animals are trained to do?
A. Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. “Seeing eye dogs” are one type of service animal, used by some individuals who are blind. This is the type of service animal with which most people are familiar, but there are others that assist persons with other kinds of disabilities in their day-to-day activities. Some examples include but are not limited to:
- Alerting persons with hearing impairments to sounds.
- Pulling wheelchairs or carrying and fetching objects for persons with mobility impairments.
- Assisting persons with mobility impairments with balance.
- Alerting and protecting a person who is having a seizure.
Q. What are the laws that apply to my business?
A. Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, grocery and department [retail] stores, taxicabs, theaters, concert halls, shuttles, hospitals, medical offices, health clubs, parks and zoos are required to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed.
Q. What if someone is afraid or allergic to a service dogs?
A. Allergies and fear of animals are generally not valid reasons for denying access or refusing service to people with service animals.
Q. Are private taxicab companies violating the ADA if they refuse to pick up someone with a service animal?
A. Yes. Taxicab companies may not refuse to provide services to individuals with disabilities. Private taxicab companies are also prohibited from charging higher fares or fees for transporting individuals with disabilities and their service animals than they charge to other persons for the same or equivalent service.
Q. What if a service animal barks or growls at other people, or otherwise acts out of control?
A. You may exclude a service animal from your facility when that animal’s behavior poses a direct threat to the health or safety of others. For example, any service animal that displays vicious behavior towards other guests or customers may be excluded, but the individual with a disability who uses the service animal should be given the option of continuing to enjoy its goods and services without having the service animal on the premises. You may not make assumptions, however, about how a particular animal is likely to behave based on your past experience with other animals. Each situation must be considered individually.
Q. How can I tell if an animal is really a service animal and not just a pet?
A. Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability. You may not ask the person about the nature or extent of his or her disability.
Q. Does the animal have to be certified or wear a vest or tag to identify it as a service animal?
A. No, there is no Federal requirement that the animal wear any special gear or identification. Also, there is no requirement that the handler carry or produce any certification papers showing that the dog has been trained as a service dog.
Q. What if my employees or customers don’t like dogs or are afraid of them?
A. If you operate a business open to the public you must still permit a person with a service dog to have access. Plan ahead so that employees who are not fearful of dogs handle interactions with customers and clients with service dogs.
Sources:
Commonly Asked Questions About Service Animals in Places of Business
(www.usdoj.gov/crt/ada/animal.htm)
ADA Business Brief
(www.usdoj.gov/crt/ada/svcanimb.htm)
Facts You Should Know About Service Animals
(www.deltasociety.org/TextOnly/ServiceArticlesFaq.htm)
