July 26, 1996
The Civil Rights Division of the U.S. Department of Justice and the National
Association of Attorneys General have formed a Disability Rights Task Force
to promote and protect the rights of individuals with disabilities.
We have found that many businesses across the country have prohibited individuals
with disabilities who use service animals from entering their premises,
in many instances because of ignorance or confusion about the animal's appropriate
use. This document provides specific information about the legal requirements
regarding individuals with disabilities who use service animals. It was
prepared by the Task Force to assist businesses in complying voluntarily
with the Americans with Disabilities Act and applicable state laws.
Twenty-four state attorneys general* are distributing a similar document
(including state specific requirements) to associations representing restaurants,
hotels and motels, and retailers for dissemination to their members.
We encourage you to share this document with businesses and people with
disabilities and their families in your community.
Deval L. Patrick Scott
Harshbarger
Assistant Attorney GeneralAttorney
General
Civil Rights Division State of
Massachusetts;
U.S. Department of Justice President,
National
Association of Attorneys General
* Alaska, Arizona, California, Connecticut, Florida, Hawaii, Illinois,
Iowa, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Missouri,
Nevada, New York, North Carolina, North Dakota, Ohio, Pennsylvania, Rhode
Island, South Dakota, Washington, and Wisconsin.
NOTICE: WITHDRAWN DOCUMENT
This document has been withdrawn because it is outdated and was superseded by the current ADA title II and title III regulations. This document is still available on ADA.gov because it is relied upon in ADA rulemaking documents. For more information about the Department's withdrawn technical assistance and guidance documents, please go to: www.ada.gov/ta_withdrawn.html. For the current version of this document, please go to Frequently Asked Questions about Service Animals and the ADA.
IN PLACES OF BUSINESS
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, retail stores, taxicabs,
theaters, concert halls, and sports facilities, are prohibited from discriminating
against individuals with disabilities. The ADA requires these businesses
to allow people with disabilities to bring their service animals onto business
premises in whatever areas customers are generally allowed.
Q: What is 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 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 service animals that assist persons with other kinds of disabilities
in their day-to-day activities. Some examples include:
_____Alerting persons with hearing impairments to sounds.
_____ Pulling wheelchairs or carrying and picking up things for persons
with mobility impairments.
_____Assisting persons with mobility impairments with balance.
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. However, an individual who is going to a restaurant or theater
is not likely to be carrying documentation of his or her medical condition
or disability. Therefore, such documentation generally may not be required
as a condition for providing service to an individual accompanied by a service
animal. Although a number of states have programs to certify service animals,
you may not insist on proof of state certification before permitting the
service animal to accompany the person with a disability.
Q: What must I do when an individual with a service animal comes to my
business?
A: The service animal must be permitted to accompany the individual with
a disability to all areas of the facility where customers are normally allowed
to go. An individual with a service animal may not be segregated from other
customers.
Q: I have always had a clearly posted "no pets" policy at my
establishment. Do I still have to allow service animals in?
A: Yes. A service animal is not a pet. The ADA requires you to modify your
"no pets" policy to allow the use of a service animal by a person
with a disability. This does not mean you must abandon your "no pets"
policy altogether but simply that you must make an exception to your general
rule for service animals.
Q: My county health department has told me that only a seeing eye or
guide dog has to be admitted. If I follow those regulations, am I violating
the ADA?
A: Yes, if you refuse to admit any other type of service animal on the basis
of local health department regulations or other state or local laws. The
ADA provides greater protection for individuals with disabilities and so
it takes priority over the local or state laws or regulations.
Q: Can I charge a maintenance or cleaning fee for customers who bring
service animals into my business?
A: No. Neither a deposit nor a surcharge may be imposed on an individual
with a disability as a condition to allowing a service animal to accompany
the individual with a disability, even if deposits are routinely required
for pets. However, a public accommodation may charge its customers with
disabilities if a service animal causes damage so long as it is the regular
practice of the entity to charge non-disabled customers for the same types
of damages. For example, a hotel can charge a guest with a disability for
the cost of repairing or cleaning furniture damaged by a service animal
if it is the hotel's policy to charge when non-disabled guests cause such
damage.
Q: I operate a private taxicab and I don't want animals in my taxi; they
smell, shed hair and sometimes have "accidents." Am I violating
the ADA if I 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: Am I responsible for the animal while the person with a disability
is in my business?
A: No. The care or supervision of a service animal is solely the responsibility
of his or her owner. You are not required to provide care or food or a special
location for the animal.
Q: What if a service animal barks or growls at other people, or otherwise
acts out of control?
A: You may exclude any animal, including 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. 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.
Although a public accommodation may exclude any service animal that is out
of control, it should give the individual with a disability who uses the
service animal the option of continuing to enjoy its goods and services
without having the service animal on the premises.
Q: Can I exclude an animal that doesn't really seem dangerous but is
disruptive to my business?
A: There may be a few circumstances when a public accommodation is not required
to accommodate a service animal--that is, when doing so would result in
a fundamental alteration to the nature of the business. Generally, this
is not likely to occur in restaurants, hotels, retail stores, theaters,
concert halls, and sports facilities. But when it does, for example, when
a dog barks during a movie, the animal can be excluded.
If you have further questions about service animals or other requirements
of the ADA, you may call the U.S. Department of Justice's toll-free ADA
Information Line at 800-514-0301 (voice) or
833-610-1264 (TDD).
DUPLICATION OF THIS DOCUMENT IS ENCOURAGED.
last updated 2/13/09
(Archived December 1, 2008)