Information
Correct legal information is crucial to any service animal team’s life, as these are the key components that back their rights and freedoms to go out into the world. Knowing the Americans with Disabilities Act and how it relates to service animals is one of the very first steps towards learning how to spread sufficient information to the world. This page provides a breakdown of the frequently asked questions straight from the Americans with Disabilities Act website, as it states the answer, and the L.I.L.O.S Project gives an analysis of what the answer is referring to. There are additional resources and websites to reference when considering the service animal world's information.
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Q1. What is a service animal?
Americans with Disabilities Act Explanation:
A. Under the ADA, a service animal is a dog that has been individually trained to do work or perform tasks for an individual with a disability. The study (s) conducted by the dog must be directly related to the person's disability.
L.I.L.O.S Project Detailed Interpretation:
A service animal is a dog or miniature pony trained to perform specific tasks for a person with a disability or disabilities. These tasks are custom for the handler and range from blood sugar detection to nightmare interruption. The uniqueness of service animals is that you will never find one of the same, as each animal has its job set for its owner. They are there to perform their best in various environments and allow their handler to lead independently and confidently. Service animals are life savers to aid the handler when in need.
Additional statements on miniature horses being service animals can be seen at this link: https://www.ada.gov/service_animals_2010.htm.
Q2. What does "do work or perform tasks" mean?
Americans with Disabilities Act Explanation:
The dog must be trained to take a specific action to assist the person with a disability. For example, a person with diabetes may have a dog trained to alert him when his blood sugar reaches high or low levels. A person with depression may have a dog trained to remind her to take her medication. Or, a person with epilepsy may have a dog trained to detect the onset of a seizure and help the person remain safe during the episode.
L.I.L.O.S Project Detailed Interpretation:
When a service animal performs a specifically trained task, it reacts to what its handler is experiencing due to the symptoms of the owner’s disability. A service animal can learn various lessons that generally surface into six categories: medical, psychiatric, guide, hearing, autism, and mobility.
An example of a medical alert can be alerting their handler to an irregular heart rate because the owner lives with a cardiac condition. If an individual has Postural Orthostatic Tachycardia Syndrome (POTS), the dog can detect through scent training and notify if its owner is going to faint. In a case of a fainting incident, the service animal can be trained to get help if its handler is unresponsive. Or, if a handler suffers from debilitating migraines, a service animal can alert via scent to their owner that an oncoming migraine is approaching.
An example of a psychiatric task is if a person has Post Traumatic Stress Disorder (PTSD). The service animal can be trained to interrupt flashbacks, nightmares, panic attacks, anxiety attacks, and physically nervous cues like leg bouncing or skin picking. The animal can also perform a calming response through Deep Pressure Therapy (DPT) or Light Pressure Therapy (LTP). This task allows the service animal’s body weight to be applied to its handler in some sitting or laying fashion. Using pressure on the body in a time of nervousness allows the mind’s calming response to kick in, allowing the service animal to ground their handler more efficiently.
Service animals can also be trained to do guide work; this is where you will find seeing-eye dogs as one strong example. A person who is blind will use their seeing-eye dog to guide them, as the dog is providing a visual aid for their handler with a disability.
Mobility service animals can also provide bracing and counter-balance tasks that allow their handler to stand up or steady themselves if they are at risk of falling or becoming dizzy. It is important to note that all heavy-duty mobility tasks must be OFA Certified to perform these tasks for their long-term joint health. The Orthopedic Foundation for Animals is the recognized certifying body to evaluate and determine if a dog will have problem hips (Sabol, 2022). Some examples of light mobile tasks are retrieving items such as water, snacks, medication, or other miscellaneous objects for their handler at a time when the service animal’s owner cannot get the item themselves. The service animal can also open and close doors and turn on and off light switches when their handler cannot physically do those actions.
Service animals can also be trained to be hearing service dogs as they can learn a variety of tasks for an individual who may be hard of hearing or deaf. They can alert their handler if someone is approaching or there is a door knock. Or, say, an ambulance is coming on the road, a service animal might be trained to lightly nudge their handler so they can safely let the emergency vehicle pass by.
There is also an Autism Service Dog that is trained to alert its handler of certain behaviors so that the handler may keep these behaviors to a minimum. This dog provides stability, and the dog’s presence offers a calming influence and focus. Abstract and concrete thinking advance, focus improves, and attention span length increases. The critical role of an autism service dog is to afford the individual more independence and autonomy, helping those individuals become a viable part of the community (American Kennel Club, 2022).
Ultimately, it is essential to note that these tasks are just simple examples of what service animals can do and are not set to one specific disability. Many medical, psychiatric, guide, hearing, autism, and mobility tasks can be used for various reasons, regardless of the individual's disability. While also keeping in mind that many other service animals might be trained for other purposes outside these categories. There is no limit to what a service animal can do for their owner; it truly depends on the handler’s needs and what they experience daily. A service animal is there to task and does its job so that its handler can regain independence and feel as confident as they can when going out into the world!
Q3. Under the ADA, are emotional support, therapy, c?
Americans with Disabilities Act Explanation:
No. These terms describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA. However, some State or local governments have laws that allow people to take emotional support animals into public places. You may check with your State and local government agencies to find out about these laws.
The L.I.L.O.S Project Detailed Interpretation:
No, emotional support, therapy, comfort, or companion animals are considered service animals under the ADA. This reasoning comes from the purposes and expectations each animal provides. All have an important job, but each animal has certain training expectations they need to meet. Service animals are held to a high standard of obedience and must learn specific tasks to help mitigate their handler’s disability. Therapy animals are animals who go with their owners to volunteer in settings such as schools, hospitals, and nursing homes. From working with a child learning to read to visiting a senior in assisted living, therapy animals and their owners work together to improve other people's lives (Pessah 2017). Emotional support/comfort/companion animals do not legally require any training and do not have to perform a specific task for their owner, as they are purely there for support. Knowing the difference between these roles is essential, especially when going out to the general public. Service animals are the only one of the three positions that have public access rights, which is the right of people to go into particular buildings or areas of land or obtain certain information (OxfordLearnersDictionary 2021). This includes non-pet-friendly places such as inside restaurants, movie theaters, grocery stores, and more. Therapy animals have access to a particular establishment through an invite or general permission to be in the facility. However, if they are not permitted to be in a specific place, they may be asked to leave due to not having public access rights. Emotional support/companion/comfort animals are not allowed out into non-pet-friendly establishments and do not have public access rights. The good news for these animals is that they are allowed in pet-friendly places. Always check with your local stores, parks, markets, and more to determine if the location is pet-friendly if you know your animal does not have public access rights. Overall, each animal has a specific purpose in its owner's eyes, whether providing comfort or performing a task. Each animal holds a particular significance, but understanding difference creates connection and clarity for all.
Q4. If someone's dog calms them with an anxiety attack, does this qualify it as a service animal?
The Americans with Disabilities Act Explanation:
A. It depends. The ADA makes a distinction between psychiatric service animals and emotional support animals. If the dog has been trained to sense that an anxiety attack is about to happen and take specific action to help avoid the attack or lessen its impact, that will qualify as a service animal. However, if the dog's mere presence provides comfort, that would not be considered a service animal under the ADA.
The L.I.L.O.S Project Detailed Interpretation:
Seeing that the ADA distinguishes between psychiatric service animals and emotional support animals, it is important to highlight those differences. A psychiatric service animal is trained to detect, interrupt, prevent, or sense levels of debilitating anxiety for the handler. If the animal is there to be a comforting tool for its owner, that would be considered an emotional support animal. Some tasks that a psychiatric service animal can learn are deep pressure therapy (DPT), light pressure therapy (LPT), skin picking interruption, leg bouncing disruption, anxiety attack alerts, panic attack signals, crying responses, and more! These efforts are made through training and persistence with a psychiatric service animal. Individuals may speak to their doctor to determine if a service animal or emotional support is better suited for their treatment plan. Acknowledging the contrast between the two positions is crucial for the public to understand, as it creates a great conversation and better awareness.
Q5. Does the ADA require service animals to be professionally trained?
Americans with Disabilities Act Explanation:
A. No. People with disabilities have the right to train the dog themselves and are not required to use a professional service dog training program.
The L.I.L.O.S Project Detailed Interpretation:
Service animals do not have to be professionally trained, making them highly accessible for people with disabilities. It saves individuals money and allows selective freedom when choosing their animal. However, if an individual has yet to gain any prior training experience, it is always highly recommended to seek help from a professional. Platforms such as YouTube are also beneficial when working on obedience and tasks. Ensure that the account and video are credible and knowledgeable of different training techniques. Another fantastic option is a program-trained service animal; each program will vary in the protocol. Still, an individual with a disability will typically be placed on a waitlist to be paired with their service animal. The overall experience of getting a service animal will always differ. However, the journey the service animal and handler will take will create a bond that will last a lifetime.
Q6. Are service animals in training considered service animals under the ADA?
Americans with Disabilities Act Explanation:
A. No. Under the ADA, the dog must already be trained before it can be taken into public places. However, some State or local laws cover animals still in training.
The L.I.L.O.S Project Detailed Interpretation:
Generally, no, but this will vary depending on the state that an individual lives in. When service animals are in training, they are learning the steps it takes to do their job in various environments. Some states permit service animals in training the same rights as a fully trained service animal, while others require a trainer to be present to enter a non-pet-friendly establishment. Either way, teams need to educate themselves on the State and local laws surrounding service animals in training, as each location might be different.
The link is an excellent glossary of service animal training laws by state: https://theservicedogs.com/service-animal-laws-by-state/.
Q7. What questions can a covered entity's employees ask to determine if a dog is a service animal?
Americans with Disabilities Act Explanation:
A. In situations where it is not apparent that the dog is a service animal, staff may ask only two specific questions: (1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform? Staff are not allowed to request any documentation for the dog, require that the dog demonstrate its mission, or inquire about the nature of the person's disability.
The L.I.L.O.S Project Detailed Interpretation:
When entering a store, business, restaurant, or any establishment that the general public can access, an employee may inquire for confirmation of a service animal by asking these two specific questions: (1) is a service animal required for a disability? (2) what task has the dog been trained to perform? A staff member may not request identification, certification, or documentation proving that the service animal is legitimate. They also cannot ask for the dog to demonstrate a specific task that helps aid a person's disability, nor can they inquire about the disability that the service animal handler has been diagnosed with. These two questions are what protects the authenticity of a service animal, along with the hours of training to get the animal to perform a legal standard. What makes a service animal a service animal are the tasks they learn to aid their handler's disability.
Q8. Do service animals have to wear a vest or patch or special harness identifying them as service animals?
Americans with Disabilities Act Explanation:
A. No. The ADA does not require service animals to wear a vest, ID tag, or specific harness.
The L.I.L.O.S Project Detailed Interpretation:
Service animals do not have to wear a vest, collar, harness, tag, or any identifiable signage indicating they are working animals. This is in place so that if putting on a vest is too complex for the handler or they leave a harness or collar at home. They can take their service animal out to the public without any identifiable gear. However, suppose a handler does choose to put the bag on their animal, stating that they are working. In that case, this increases the chances of the general public acknowledging that the service animal has a job and is not to be interacted with. Whether a simple “do not pet” patch or a brightly colored vest that states “service animal,” customizing service animal gear allows the handler freedom to design what works best for their team. Or, again, not having any gear at all is just as valid, seeing that not all individuals have the means to vest their animal. The training and tasks will shine through any identification display on a service animal.
Q9. Who is responsible for the care and supervision of a service animal?
Americans with Disabilities Act Explanation:
A. The handler is responsible for caring for and supervising the service animal, including toileting, feeding, grooming, and veterinary care. Covered entities are not obligated to manage or care for a service animal.
The L.I.L.O.S Project Detailed Interpretation:
A service animal's primary care and responsibility are in the hands of the animal’s handler. Whether it is routine vet appointments or taking their service animal potty before entering a store. Service animal handlers are there for their animal just as much as their animal is there for them. When entering a public environment, it is not the responsibility of any particular store, business, or establishment to manage the needs or behavior of a service animal. The handler should know their needs and routine to reasonably adapt to the needs of their service animal. If unable to care for or work their service animal, the handler may arrange for a relative or close trusted friend to pick up or handle the animal. However, the overall care and preparation for bringing a service animal into an establishment depend solely on the handler.
Q10. Can a person bring a service animal with them through a salad bar or other self-service food lines?
Americans with Disabilities Act Explanation:
A. Yes. Service animals must be allowed to accompany their handlers to and through self-service food lines. Similarly, service animals may not be prohibited from communal food preparation areas, as commonly found in shelters or dormitories.
The L.I.L.O.S Project Detailed Interpretation:
Service animals must accompany their handlers in various situations; this includes self-service food areas. This is important to note, as a handler may have an unexpected episode at any moment that a service animal may need to alert to. Or a guide animal may need to be the eyes for their handler for their person to get the food at a buffet. Any communal dining or food preparation areas should never prohibit service animals from accompanying their handler to said locations. This is for the handler's safety so that the animal can do their job as effectively as possible.
Q11. Can hotels assign designated rooms for guests with service animals without consideration for other guests?
Americans with Disabilities Act Explanation:
A. No. A guest with a disability who uses a service animal must be provided the same opportunity to reserve any room at the hotel as other guests without disabilities. They may not be restricted to "pet-friendly" rooms.
The L.I.L.O.S Project Detailed Interpretation:
Service animal teams must be given the same opportunity to receive any available hotel room, allowing equal treatment across the board for all guests. They could not be denied access to a specific room because they have a service animal, nor should they be assigned to a “pet-friendly” room if they did not request otherwise. Service animal teams should be treated with respect as any other guest in the establishment booking a hotel room. They are creating an accommodating environment for the reservation process to go as smoothly as possible, ultimately benefiting both parties.
Q12. Can hotels charge a cleaning fee for guests who have service animals?
Americans with Disabilities Act Explanation:
No. Hotels are not permitted to charge guests for cleaning the hair or dander shed by a service animal. However, if a guest's service animal causes damage to a guest room, a hotel is permitted to charge the same fee for damages as charged to other guests.
The L.I.L.O.S Project Detailed Interpretation:
A service animal is still an animal at the end of the day and does shed hair and dander. Although this is inevitable for animals and people, a hotel may not charge a cleaning fee under those circumstances. Service animal handlers do their best to keep their animals as clean as possible, so there is a smaller chance that any hair or dander sheds when out in public. However, suppose the service animal damages a piece of furniture, structure, decoration, or other valuables in the hotel room. In that ca, the hotel is permitted to charge the same fee for damages as charged to other customers. So it is overall the sole responsibility of the handlers to ensure that their service animal is on their best behavior when at a hotel. They also should ensure that their service animal is as clean as possible before going out into public, but if hair or dander is present, a hotel cannot charge. If people are not arrested for leaving hair and a mess behind without damage, neither should service animals.
Q13. Can people bring more than one service animal into a public place?
Americans with Disabilities Act Explanation:
A. Generally, yes. Some people with disabilities may use more than one service animal to perform different tasks. For example, a person with a visual disability and a seizure disorder may use one service animal to assist with way-finding and another trained as a seizure-alert dog. Other people may need two service animals for the same task, such as a person who needs two dogs to assist them with stability when walking. Staff may ask the dog two permissible questions (See Question 7). If both dogs can be accommodated, both should be allowed in. In some circumstances, however, it may not be possible to accommodate more than one service animal. For example, in a crowded small restaurant, only one dog may be able to fit under the table. The only other place for the second dog would be in the aisle, which would block the space between tables. In this case, staff may request that one of the dogs be left outside.
The L.I.L.O.S Project Detailed Interpretation:
In most cases, a person with a disability can have more than one service animal accompany them in a public or home setting. Using two service animals is known as tandem teaming; this allows each animal to perform different tasks or work together on the same job to assist their handler. One animal may be trained to alert to a medical episode, while the other is trained to respond to psychiatric symptoms. Both animals should be prepared to the legal standard, and the handler should be able to have both animals under control and task trained. If both animals can be accommodated in a permissible setting, then there should be no issue for the tandem team to accompany their handler when out in public. Although, in some situations, an establishment may need more space to accommodate both animals when entering. For example, if a service dog tandem team enters a restaurant, but only one dog can fit under the table, the staff may ask the other dog to remain outside for traffic reasons. Or the team can also offer to accommodate another location to allow both dogs to sit comfortably while the service flow is unrestricted. A service animal cannot disrupt the flow of people when going out into public, so if one dog can fit under the table and the other is sticking out in the aisle, this can create a blockade—ultimately preventing servers from delivering food or people making their way over to their table. An establishment needs to do its best when accommodating tandem teams. Still, a handler with two service animals should also know the laws that surround their animals and the possible situations that can prevent both animals from accompanying them.
Q14. Does a hospital have to allow an in-patient with a disability to keep a service animal in their room?
Americans with Disabilities Act Explanation:
A. Generally, yes. Service animals must be allowed in patient rooms and anywhere else in the hospital; the public and patients are allowed to go. They cannot be excluded because staff can provide the same services.
The L.I.L.O.S Project Detailed Interpretation:
In most cases, service animals can stay with their handler when admitted to a hospital. This can include routine doctor's visits or an emergency medical issue that does not require sterile surgical care. A service animal can go anywhere the general public can access hospital locations. A good rule of thumb might be to consider where a patient or visitor can wear normal clothing in a hospital, including patient rooms, the cafeteria, and the waiting room. Unless it is a sterile surgical floor, where even patients have to remove their everyday clothing and wear a sanitized hospital gown, the service animal would be limited to accompanying their handler. This article, Hospital Access Rights for Service Dog Teams, written by Kea Grace, does a great job explaining the rights that teams have inside a hospital environment. Service dogs are allowed in hospitals, doctor’s offices, patient rooms, and other healthcare facilities as long as their presence doesn’t threaten or threaten standard medical practices or impede the operations of essential services and functions (Grace 2020). Kea Grace’s article is a fantastic resource. It reads when diving deeper into the logistics of having a service animal at the hospital, as well as some questions to ask oneself if you are a service animal team who may have frequent hospital visits. The link below provides the remainder of the article for further information! In sum, service animals are allowed in non-sterile sections of hospitals; wherever the general public can enter, a service animal team can go. Each team should be prepared for a hospital outing and have the proper equipment ready to set their service animal up for the best possible success. https://anythingpawsable.com/hospital-access-rights-service-dogs/
Q15. What happens if a patient who uses a service animal is admitted to the hospital and cannot care for or supervise their animal?
Americans with Disabilities Act Explanation:
A. If the patient is not able to care for the service animal, the patient can make arrangements for a family member or friend to come to the hospital to provide these services, as it is always preferable that the service animal and its handler not be separated, or to keep the dog during the hospitalization. Suppose the patient is unable to care for the dog and is unable to arrange for someone else to care for the dog. In that case, the hospital may place the dog in a boarding facility until the patient is released or make other appropriate arrangements. However, the hospital must allow the patient to make arrangements for the dog's care before taking such steps.
The L.I.L.O.S Project Detailed Interpretation:
When a service animal accompanies their handler during hospitalization, the dog is under the sole responsibility of its owner. If the owner cannot care for their animal, it is up to them to arrange for someone to come and care for them or have them picked up. This can be a close friend or family member that comes during the stay of the hospital visit to make sure the service animal has relieved itself outside or is fed breakfast and dinner. Seeing that service animals are still animals, their basic needs still need to be met to live and do their job correctly. The service animal shouldn't be separated from their owner for safety reasons of needing to keep their handler secure and execute their job; however, there may be some cases where another individual cannot stay in the hospital for those reasons. Thus the service animal may need to be picked up and brought to a trusted location by the handler. Suppose the handler cannot coordinate a trusted friend or family member to care for their service animal. In that case, the hospital does have the right to put the animal in a boarding facility until the owner is released from the hospital. The handler should be immediately notified when awake about where their service animal is stationed, what boarding facility they are at, and how long until hospitalization is over. There are a variety of different ways that determine the outcome of these situations. Communication in this situation is key between hospital staff and the owner of the service animal, along with any trusted loved ones that might be there to care for and look after the service animal.
Q16. Must a service animal be allowed to ride in an ambulance with its handler?
Americans with Disabilities Act Explanation:
A. Generally, yes. However, suppose the space in the ambulance is crowded, and the dog's presence would interfere with the emergency medical staff's ability to treat the patient. In that case, the team should make other arrangements to transport the dog to the hospital.
The L.I.L.O.S Project Detailed Interpretation:
So in some situations, yes, the dog can accompany the handler in an ambulance in some fashion. However, if the ambulance is too crowded, the dog will be transported via alternative arrangements. As a service animal handler, you should make sure that your service animal is ready for that situation. Of course, some emergency scenarios would be tough to predict, but creating mock trials of other people handling your animal, siren sounds, crowded spaces, flashing lights, and bumpy rides would create mock tests. Your service animal will do their best to stay collected if a situation occurs. It is imperative to understand the outcomes that might happen if your service animal accompanies their handler in an ambulance, the same way that these teams prepare for various real-life scenarios. Ensuring that the service animal is set up for success when an unexpected or predicted situation comes along goes hand in hand with providing that they can do their job.
Q17. Does the ADA require that service animals be certified as service animals?
Americans with Disabilities Act Explanation:
A. No. Covered entities may not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, as a condition for entry.
Some individuals and organizations sell service animal certification or registration documents online. These documents do not convey rights under the ADA, and the Department of Justice does not recognize them as proof that the dog is a service animal.
The L.I.L.O.S Project Detailed Interpretation:
Service animals do not require certification, registration, or identification to prove they are service animals. A place open to the public, such as a store, movie theater, restaurant, or other entity, cannot ask for such documentation from the service animal team. The tasks ultimately make a service animal a service animal as they have specific things to do to help aid their handler’s disability. Sorts of online registrations that sell service animal identifications and certifications are not worth anything under the Americans with Disabilities Act, nor are they covered under federal law. These registrations can typically scam people out of their money. However, there is another use for service animal identifications. On the flip side of this notion, service animal ID cards can be presented voluntarily if a handler has one. This can be because the handler cannot speak or is in the middle of an episode. Information on a card about the service animal and what they do can be super helpful to the general public. Just know that an establishment cannot ask for any certification, registration, or identification to prove that they are service animals.
Q18. My city requires all dogs to be vaccinated. Does this apply to my service animal?
Americans with Disabilities Act Explanation:
A. Yes. Individuals who have service animals are not exempt from local animal control or public health requirements.
The L.I.L.O.S Project Detailed Interpretation:
Service animals are still animals and must abide by local animal control protocols or public health requirements. If anything, service animals should be more prompt to be up to date on prevention medication and vaccines, seeing that they go everywhere in the public eye. Making sure your service animal is ready for the world does mean not only proper training but also proper care.
Q19. My city requires all dogs to be registered and licensed. Does this apply to my service animal?
Americans with Disabilities Act Explanation:
A. Yes. Service animals are subject to local dog licensing and registration requirements.
The L.I.L.O.S Project Detailed Interpretation:
Seeing service animals are still animals, city registration is still required to ensure that the dog is licensed correctly, up-to-date on rabies documents or tags, received vaccines and belongs to a respectable owner. This can vary from city to city, so it is essential to research your local town and its licensing requirements.
Q20. My city requires me to register my dog as a service animal. Is this legal under the ADA?
Americans with Disabilities Act Explanation:
A. No. Mandatory registration of service animals is not permissible under the ADA. However, as stated above, service animals are subject to the same licensing and vaccination rules applied to all dogs.
The L.I.L.O.S Project Detailed Interpretation:
No, a city cannot ask a service animal handler to register their service animal with the city, as this would require illegal and nonexistent documentation. Although, statements such as city licensing, vaccination, rabies status, and more apply to service animals seeing that they are still animals in that respect. Again, doing research within your city is crucial to ensure that you are aware of the laws and requirements.
Q21. My city/college offers a voluntary registry program for people with disabilities who use service animals and provides a special tag identifying the dogs as service animals. Is this legal under the ADA?
Americans with Disabilities Act Explanation:
A. Yes. Colleges and other entities, such as local governments, may offer voluntary registries. Many communities maintain a voluntary registry that serves a public purpose, such as ensuring that emergency staff know to look for service animals during an emergency evacuation process. Some offer a benefit, such as a reduced dog license fee, for individuals who register their service animals. Registries for purposes like this are permitted under the ADA. An entity may not, however, require that a dog be registered as a service animal as a condition of being allowed in public places. This would be a violation of the ADA.
The L.I.L.O.S Project Detailed Interpretation:
Yes, they are returning to the volunteer identification application for a service animal. Entities may offer to make a service animal team an ID to help easily recognize a service animal in case of an emergency or to allow the public to have another way to acknowledge that a service animal is present. These sorts of gestures can benefit a service animal handler. They might not be able to talk at the time or would rather voluntarily display their service animal through identification. The issue arises when an establishment asks for a title, certificate, or document to prove that the service animal is legitimate to enter a place open to the public. This can be stores, restaurants, non-pet-friendly beaches, concerts, movies, and more. The tasks make a service animal a service animal, and the thousands of hours of training proofing these animals will always shine brighter than any ID ever presented.
Q22. Can service animals be any breed of dog?
Americans with Disabilities Act Explanation:
A. Yes. The ADA does not restrict the type of dog breeds that can be service animals.
The L.I.L.O.S Project Detailed Interpretation:
Service dogs can be any dog breed, and a miniature pony can be any small pony.
Q23. Can individuals with disabilities be refused access to a facility based solely on the breed of their service animal?
Americans with Disabilities Act Explanation:
A. No. A service animal may not be excluded based on assumptions or stereotypes about the animal's breed or how the animal might behave. However, if a service animal behaves in a way that poses a direct threat to the health or safety of others, has a history of such behavior, or is not under the handler's control, that animal may be excluded. If an animal is excluded for such reasons, staff must still offer their goods or services to the person without the animal present.
The L.I.L.O.S Project Detailed Interpretation:
No, a service animal cannot be excluded from an establishment based on its breed. This stereotyping can be incredibly harmful to the service animal team, as each dog is picked for its handler’s needs, whether a tiny Chihuahua trained to alert its handler’s migraines or a Great Dane. He is tasked to guide its owner. Each service animal is there to assist its handler, and public judgment can be daunting to the pair. Although, if the service animal displays behavior that can harm the public, the animal may be asked to leave an establishment. This can be continuously barking at a child or displaying aggressive behaviors; if the animal cannot be put back under control, the team may resort to the animal being escorted away from the entity. However, the establishment must still offer to compromise and assist the individual in getting their services done without the service animal's presence. Overall, ensuring that there is no judgment towards any service animal is super important so that the team is set up for success. Still, the handler’s job is that their service animal is well-behaved and ready to work.
Q24. Does the ban apply to service animals if a municipality has an ordinance that bans certain dog breeds?
Americans with Disabilities Act Explanation:
A. No. Municipalities that prohibit specific breeds of dogs must make an exception for a service animal of a banned breed unless the dog poses a direct threat to the health or safety of others. Under the “direct threat” provisions of the ADA, local jurisdictions need to determine, on a case-by-case basis, whether a particular service animal can be excluded based on that specific animal’s actual behavior or history. Still, they may not exclude a service animal because of fears or generalizations about how an animal or breed might behave. It is important to note that breed restrictions differ significantly from jurisdiction to jurisdiction. Some jurisdictions have no breed restrictions.
The L.I.L.O.S Project Detailed Interpretation:
No, if a city or town has banned a particular breed of dog or miniature horse, this ban does not apply to service animals. This is because service animals are not only federally protected but should be even temperament and well-trained to behave appropriately in a public setting. If the service animal displays emotion that can directly threaten the public or has an aggressive history, then the animal may be questioned by the local jurisdiction. This would need to be handled case-by-case to determine whether a service animal can be excluded from a municipality. The service animal must enact behavior that is aggressive or poses a threat to the public for legal action to be ensured. However, a service animal may not be prohibited based on hypothetical situations, stereotypes, or fears of unwanted behavior or non-existent aggression. It is imperative to know your local city and town laws on the breeds that may be banned from the location, as these restrictions should never hinder the job of a service animal.
Q25. When can service animals be excluded?
Americans with Disabilities Act Explanation:
A. 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 is not housebroken, that animal may be excluded.
The L.I.L.O.S Project Detailed Interpretation:
Service animals can be excluded when an entity is at risk of fundamentally altering its practices, policies, or procedures. This can be goods, services, programs, or activities provided to the public. For example, a hospital cannot permit a service animal to accompany its handler in a sterile operating room. If the service animal enters the room, the practice of the environment is fundamentally altered as the room is no longer clean, and surgery cannot occur without risk of bacteria or infection. With the service animal, not present, the operation can continue, and the room can remain sterile. The service animal may be permitted into areas of a hospital that the general public can access, including the cafeteria, waiting room, visitor rooms, and more. In addition, if the service animal is displaying unwanted behavior and the handler cannot get their animal back under control, the team may be asked to leave. If the service animal is not housebroken, the group may be excluded from the establishment.
Q26. When might a service dog's presence fundamentally alter the nature of a service or program provided to the public?
Americans with Disabilities Act Explanation:
A. In most settings, the presence of a service animal will not result in a fundamental alteration. However, there are some exceptions. For example, at a boarding school, service animals could be restricted from a dormitory area reserved specifically for students with allergies to dog dander. At a zoo, service animals can be determined from regions where the animals on display are the natural prey or natural predators of dogs, where the presence of a dog would be disruptive, causing the displayed animals to behave aggressively or become agitated. They cannot be restricted from other areas of the zoo.
The L.I.L.O.S Project Detailed Interpretation:
For the most part, service animals can accompany their handler in various situations. There are a few examples in which a service animal can fundamentally alter a place of service or business. Above are two other great examples of why service animals may not be allowed in certain areas in a location accessible to the general public.
Q27. What does under control mean? Do service animals have to be on a leash? Do they have to be quiet and not bark?
Americans with Disabilities Act Explanation:
A. The ADA requires that service animals be under the handler's control at all times. In most instances, the handler will be the individual with a disability or a third party who accompanies the individual with a disability. In the school (K-12) context and similar settings, the school or similar entity may need some assistance to enable a particular student to handle their service animal. The service animal must be harnessed, leashed, or tethered in public places unless these devices interfere with the service animal's work or the person's disability prevents using these devices. In that case, the person must use voice, signal, or other effective means to maintain control of the animal. For example, a person who uses a wheelchair may use a long, retractable leash to allow her service animal to pick up or retrieve items. She may not allow the dog to wander away from her and must maintain control of the dog, even if it is recovering an item at a distance from her. Or, a returning veteran who has PTSD and has great difficulty entering unfamiliar spaces may have a dog trained to enter a room, check to see that no threats are there, and come back and signal that it is safe to enter. The dog must be off-leash to do its job but may be leashed at other times. Under control also means that a service animal should not be allowed to bark repeatedly in a lecture hall, theater, library, or quiet place. However, if a dog barks just once or barks because someone has provoked it, this would not mean that the dog is out of control.
The L.I.L.O.S Project Detailed Interpretation:
It is the responsibility of the handler or a third party assisting the team to have the service animal under control at all times. This means having the dog behave nicely and obey commands when told to do so. This also means not wandering around in a public area or causing others to distribute. A service animal must be tethered at all times unless that restriction interferes with a task the service animal performs. An example of a job that may require off-leash work is “crowd control,” This occurs when the animal circles its handler to create space from the public—allowing the handler to lessen their symptoms and have a sense of security orbiting their body. The presence of a leash in this situation would not let the animal do this task because it would tangle the handler. However, in these instances, a service animal must always remain under verbal, signal, or other means of control by the handler. Having the service animal under control also means a service dog does not repeatedly bark for no reason in an establishment. A service animal would be okay to make a sound if provoked by someone, but it is the handler’s job to regain focus on their service animal to stop the noise. Essentially, if a service dog is startled by something and lets out one bark, and the handler can regain their attention and prevent further barking, then the dog is under control. It is super important to note that these service animals are just animals and not robots, and there will be moments throughout their lives when barking may occur over the silliest thing. If this happens, it is the way that the handler responds that makes the difference. If a service dog is barking because they were provoked and the handler redirects the dog back under control, everything is all okay. It is ultimately up to the handler to set their animal up for success so that when those moments happen, a quick recovery is made, and the team can grow stronger from their experiences. It is also important to note that a service animal may make a sound as a task. For example, a service dog might be trained to bark repeatedly if the handler passes out to notify someone to come and help. Overall, there are various reasons why a service animal can make a sound; other times, they need to remain under complete control. Training these animals will determine their success when tasking or recovering from a provoking situation.
Q28. What can my staff do when a service animal is being disruptive?
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Americans with Disabilities Act Explanation:
A. If a service animal is out of control and the handler does not take effective action to control it, staff may request that the animal be removed from the premises.
The L.I.L.O.S Project Detailed Interpretation:
If a service animal is out of control and displaying unwanted noises or behaviors, the handler cannot redirect the animal to remain focused. The staff members may request that the service animal be removed from the establishment but note that they must offer their services without the service animal's presence.
Q29. Are hotel guests allowed to leave their service animals in their hotel room when they leave the hotel?
Americans with Disabilities Act Explanation:
A. No, the dog must always be under the handler's control.
The L.I.L.O.S Project Detailed Interpretation:
Service animal handlers cannot leave their animals unattended in a hotel room. This poses a safety risk as the service animal would now be on their own and not under the handler's control. If needed, a service animal handler may leave the room with their animal being watched by a trusted friend or family member as long as it is under control. However, there should not be a moment when a service animal should be in a hotel room alone.
Q30. What happens if a person thinks a covered entity's staff has discriminated against them?
Americans with Disabilities Act Explanation:
A. Individuals who believe they have been illegally denied access or service because they use service animals may file a complaint with the U.S. Department of Justice. Individuals also have the right to file a private lawsuit in Federal court charging the entity with discrimination under the ADA.
The L.I.L.O.S Project Detailed Interpretation:
Suppose a service animal handler feels as though a covered entity has discriminated against them, whether a store, movie theater, or other facilities. They have the right to file a complaint with the U.S. Department of Justice. They can also go through with a private lawsuit in Federal court charging the entity with discrimination under the ADA.
To file a complaint, you can go to https://www.ada.gov/filing_complaint.htm or do it through the ADA Information Line at (800) 514-0301 (voice); (800) 514-0383 (TTY).
These resources are provided for those to speak up about their rights and to communicate their situation effectively. This is a way for everyone to feel heard and respected in a discrimination case.
Q31. Are stores required to allow service animals to be placed in a shopping cart?
Americans with Disabilities Act Explanation:
A. Generally, the dog must stay on the floor, or the person must carry the dog. For example, if a person with diabetes has a glucose-alert dog, he may take the dog in a chest pack so it can be close to his face to allow the dog to smell his breath to alert him of a change in glucose levels.
The L.I.L.O.S Project Detailed Interpretation:
A service animal should generally stay on the ground or be carried in a personal pouch or the arms of its handler. Typically, a store’s shopping cart should not be used, as this could violate the establishment's health code. Service animals may have private carriers, whether a pouch or sometimes a stroller, permitting these devices not to interfere with the animal’s ability to complete the task. However, one must also consider the handler's needs, as their disability may not allow the animal to be carried for long periods. This is where the ability to stay on the ground in a nice heel or carrier may be used, permitting the animal to do its job efficiently. Traditionally, service animals should be trained to have all for paws or hooves on the ground, as this would be a very versatile skill in various situations. Whether in day-to-day life or in the case of an emergency, having your service animal hold their own at your side on the ground may greatly benefit the team's dynamics. Although, everyone’s needs are different, and a service animal that is held is just as valid as one trained to heel at their handler’s side. Service animals are there to aid their handlers; as long as the animal is in a position where they can task effectively, the placement of the service animal is customary to their owner.
Q32. Are restaurants, bars, and other places that serve food or drink required to allow service animals to be seated on chairs or allow the animal to be fed at the table?
Americans with Disabilities Act Explanation:
A. No. Seating, food, and drink are provided for customer use only. The ADA gives a person with a disability the right to be accompanied by their service animal, but covered entities are not required to allow an animal to sit or be fed at the table.
The L.I.L.O.S Project Detailed Interpretation:
Service animals cannot be up on a restaurant, bar chair, or table eating around other guests. The ADA only grants a service animal the ability to accompany their handler, meaning be at their side, not eating table scraps on the same level as other people dining. Typically, a service animal should be tucked under a table on the ground when in a place that serves food. This allows others to eat their food without worry that dog hair or dander might get into their food and is the most sanitary option in most cases. On the flip side, if a service animal team enters a restaurant and the handler notices that the floor under the table is filthy, they may ask the restaurant staff to clean the area a little better. This is a common courtesy, so the service animal does not have to lay down leftover food from the previous party. Something to note is the ability of a service animal to go on its handler’s lap if actively tasking. Say a small service dog accompanies their handler to a restaurant, and as they sit down at the table, the service dog alerts its handler of having a high heart rate. To bring down their owner’s heart rate, the dog might need to apply pressure to the handler's lap to ground them. This requires the dog to sit at the level of the guests dining because of the size of the dog and the handler not preferring to sit on the ground. The ADA states that the dog should not be seated in a restaurant chair. However, this case would be okay, seeing that the service dog is on the handler's lap and not directly sitting in the chair. As long as an actively tasking service animal can avoid the surfaces of a restaurant while ignoring any food at the upper level, they are okay to be doing their job. Service animals should focus entirely on their handler and do their tasks regardless of what is happening around them. Overall, as long as a service animal is actively tasking, ignoring food, and avoiding chair or table surfaces, they are in the clear to aid their handler in the case of an oncoming episode.
Q33. Are gyms, fitness centers, hotels, or municipalities requiring swimming pools to allow a service animal in the pool with its handler?
Americans with Disabilities Act Explanation:
A. No. The ADA does not override public health rules prohibiting dogs in swimming pools. However, service animals must be allowed on the pool deck and in other areas where the public is allowed to go.
The L.I.L.O.S Project Detailed Interpretation:
No, a service animal cannot join in the splashing fun in a public pool, whether located at a gym, hotel, or municipality. The ADA does not override public health rules regarding having a service animal in the actual collection, but a service animal is still permitted to be in this facility. A pool open to the public gives a service animal public access rights, as the animal would then be placed along the pool deck or in surrounding areas. Something important to note is that if the handler decides to go into the pool, the service animal must still be under the handler’s control or the control of a trusted third party whether the dog is in a “down stay” by the handler’s seating location being watched by an authorized individual or at the poolside laying on a towel protecting their owner. The service animal handler is still 100% responsible for ensuring that their animal is under control in case they are in the pool or have left the animal with someone reliable.
Q34. Are churches, temples, synagogues, mosques, and other places of worship required to allow individuals to bring their service animals into the facility?
Americans with Disabilities Act Explanation:
A. No. Religious institutions and organizations are specifically exempt from the ADA. However, there may be State laws that apply to religious organizations.
The L.I.L.O.S Project Detailed Interpretation:
Federal law does not cover any religious establishment permitting a service animal to enter. This can differ from state to state, so it is essential to read your state laws to see if any rules apply to religious locations to allow service animals. This type of situation can also typically be handled in a personal conversation with the place of spiritual practice. Say a service dog team wants to attend a particular church; they would first need the church's permission to treat a service correctly. So a way to go about this discussion is to call or personally go to the church and speak to someone who can help confirm if they can attend a church service. Just keep in mind that religious establishments have the right to deny a service animal access, so if that is the answer at the end of the conversation, that is the final word. In many cases, these places will still accommodate service animal teams; it is ultimately up to the establishment to make that choice. It is always good to be polite when approaching these sorts of scenarios, as service animal teams are there to represent a community of individuals with disabilities, simply making the world a more accessible place.
Q35. Do apartments, mobile home parks, and other residential properties have to comply with the ADA?
Americans with Disabilities Act Explanation:
A. The ADA applies to house programs administered by state and local governments, such as public housing authorities, and places of public accommodation, such as public and private universities. In addition, the Fair Housing Act applies to virtually all types of housing, both public and privately-owned, including housing covered by the ADA. Under the Fair Housing Act, housing providers are obligated to permit, as a reasonable accommodation, the use of animals that work, provide assistance, perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom or effect of a disability. For information about these Fair Housing Act requirements, see HUD’s https://www.hud.gov/program_offices/fair_housing_equal_opp/assistance_animals
The L.I.L.O.S Project Detailed Interpretation:
The link above will give people a better understanding of service animals and housing laws!
Q36. Do Federal agencies, such as the U.S. Department of Veterans Affairs, have to comply with the ADA?
Americans with Disabilities Act Explanation:
A. No. Section 504 of the Rehabilitation Act of 1973 is the Federal law that protects the rights of people with disabilities to participate in Federal programs and services. Contact the agency's equal opportunity office for information or to file a complaint.
The L.I.L.O.S Project Detailed Interpretation:
Federal agencies do not have to comply with the ADA; this is subject to the information above!
Q37. Do commercial airlines have to comply with the ADA?
Americans with Disabilities Act Explanation:
A. No. The Air Carrier Access Act is the Federal law that protects the rights of people with disabilities in air travel. For information or to file a complaint, contact the U.S. Department of Transportation, Aviation Consumer Protection Division, at 202-366-2220.
The L.I.L.O.S Project Detailed Interpretation:
Commercial airlines do not have to comply with the ADA but with the Air Carrier Access Act. Some updates are constantly being made to this Federal law, so here is the link to read more on the requirements to fly with a service animal: https://www.transportation.gov/individuals/aviation-consumer-protection/service-animals
https://adata.org/service-animal-resource-hub/flying
Endnotes
Frequently asked questions about service animals and the ADA. (n.d.). Retrieved May 14, 2022, from https://www.ada.gov/regs2010/service_animal_qa.html
Service animals. ADA 2010 Revised Requirements: Service Animals. (n.d.). Retrieved May 14, 2022, from https://www.ada.gov/service_animals_2010.htm
Flying with a service animal. ADA National Network. (2022, May 17). Retrieved May 14, 2022, from https://adata.org/service-animal-resource-hub/flying
Hospital access rights for service dog teams - anything passable. (n.d.). Retrieved May 14, 2022, from https://anythingpawsable.com/hospital-access-rights-service-dogs/
Pessah, S. (2017, November 28). What is a therapy dog? American Kennel Club. Retrieved May 14, 2022, from https://www.akc.org/sports/title-recognition-program/therapy-dog-program/what-is-a-therapy-dog/
Public access. public-access noun - Definition, pictures, pronunciation, and usage notes | Oxford Advanced Learner's Dictionary at OxfordLearnersDictionaries.com. (n.d.). Retrieved May 14, 2022, from https://www.oxfordlearnersdictionaries.com/definition/english/public-access
Service animal laws by state - excellent guide (2022). The Service Dogs. (2022, May 13). Retrieved May 14, 2022, from https://theservicedogs.com/service-animal-laws-by-state/
Service animals. U.S. Department of Transportation. (n.d.). Retrieved May 14, 2022, from https://www.transportation.gov/individuals/aviation-consumer-protection/service-animals
What is Ofa? Dogs Gone Good. (n.d.). Retrieved May 14, 2022, from http://dogsgonegood.com/what-is-ofa/
Service, therapy, and Working Dogs. American Kennel Club. (n.d.). Retrieved May 14, 2022, from https://www.akc.org/public-education/resources/general-tips-information/service-therapy-work-dogs/