Frequently Asked Questions
Q: What is a service animal?
-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.
-A service animal is not a pet.
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, individuals who are going to a restaurant or theater are not likely to be carrying documentation of their 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: I have always had a clearly posted "no pets" policy at my establishment. Do I still have to allow service animals in?
: 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, you are violating the ADA. 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?
Q: Am I responsible for the animal while the person with a disability is in my business
A: No. The care or supervision of service animals is solely the responsibility of their 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 poses a direct threat to the health or safety of others or 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: 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 poses a direct threat to the health or safety of others or 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
For Businesses and Places of Public Accommodation:
U.S. Department of Justice
Civil Rights Division
Disability Rights Section
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 800-514-0383 (TDD).
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.
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.
A: The ADA defines a service animal as any dog individually trained to do work or perform tasks for an individual with a disability. under the ADA, provided they have been trained to do work or perform tasks for the benefit of an individual with a disability. If they meet this definition, dogs . Service animals perform some of the functions and tasks that individuals with disabilities cannot perform for themselves. Guide 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:
Service animals are dogs that are individually trained to perform tasks or do work for people with disabilities such as guiding people who are blind, alerting people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a seizure, or performing other special tasks. Service animals are working animals, not pets.
A public entity shall make reasonable modifications in policies, practices, or procedures to permit the use of a service animal by individuals with disabilities.
Under the Americans with Disabilities Act (ADA), businesses and organizations that serve the public must allow people with disabilities to bring their service animals into all areas of the facility where customers are normally allowed to go. This federal law applies to all businesses open to the public, including restaurants, hotels, taxis and shuttles, grocery and department stores, hospitals and medical offices, theaters, health clubs, parks, and zoos.
Businesses may ask if an animal is a service animal or ask what tasks the animal has been trained to perform but cannot require special ID cards for the animal or ask about the person's disability.
People with disabilities who use service animals cannot be charged extra fees, isolated from other patrons, or treated less favorably than other patrons.
However, if a business such as a hotel normally charges guests for damage that they cause, customers with disabilities may be charged for damage caused by their service animal.
Customers with disabilities cannot be asked to remove their service animals from the premises unless:
the animal is out of control and the animal's owner does not take effective action to control it (for example, a dog that barks repeatedly during a movie) or
The animal poses a direct threat to the health or safety of others.
In these cases, the business should give the person with the disability the option to obtain goods and services without having the animal on the premises.
Businesses that sell or prepare food must allow individuals with disabilities accompanied by service animals in public areas even if state or local health codes prohibit animals on the premises.
A business is not required to provide care or food for a service animal or provide a special location for it to relieve itself.
Allergies and fear of animals are generally not valid reasons for denying access or refusing service to individuals accompanied by a service animal.
Violators of the ADA can be required to pay money damages and penalties.