Service Animals (Disabilities) « Disabilities – Other Issues
ADA (Americans with Disabilities Act) Regarding Service Animals
- ADA Business Brief: Service Animals (U.S. Dept. of Justice)
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. - Commonly Asked Questions About Service Animals in Places of Business (U.S. Dept. of Justice)
What are the laws that apply to my business? How can I tell if an animal is really a service animal and not just a pet? Under the Americans with Disabilities Act, privately owned businesses that serve the public are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow service animals onto business premises in whatever areas customers are generally allowed. - Service and Working Animals (USDA)
On March 15, 2011 the definition of a "service animal" under the Americans with Disabilities Act changed and now defines a "service animal" as a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability. The Act also allows trained miniature horses as alternatives to dogs, subject to certain limitations. For further information on these changes, please go to Section 35.136 Service animals in Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (as amended by the final rule published on September 15, 2010), U.S. Department of Justice.
Revised ADA Requirements:Service Animals (Dept. of Justice)
The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, clarify and refine issues that have arisen over the past 20 years and contain new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards).
Articles and Publications regarding Service Animals
- No Dogs Allowed? Federal policies on Access for Service Animals (Animal Welfare Information Center Newsletter)
Federal policy dictating access and training rights for disabled people who have service animals has, but for the past decade, been virtually nonexistent. In its absence, many individual States did address rights for service animals through laws providing disabled people access to public facilities and housing. To date, all States and the District of Columbia have to some extent legislated such access rights. However, the extent of coverage varies considerably State to State and many State codes do not include reference to service dogs other than guide and hearing dogs. - Service or Companion Animals for Disabled Tenants (Tenant Screening Blog)
If you’re a landlord, you are required to make “reasonable exceptions” to ensure disabled folks are not discriminated against. For example, even with a “no pets” policy, you may be required to make an exception to accommodate a service or companion animal. - Service Dog Etiquette (Bella Online)
The first thing we should consider when teaching adults and children service dog etiquette is that it develops naturally from respectful and considerate behavior toward the dog handler who is a person with a disability. While none of us would presume to handle or interfere with a person's wheelchair controls, white cane or hearing aide, our first impulse may be to respond to or interact with service dogs as if they are pets. Children can often recognize and remember rules associated with working service animals better than adults, and may remind their parents that a working dog has a job to do that requires concentration and interaction only with its handler. - Special Education News – JD Supra (11/10)
Information about service animals in school, wrongful graduation and more. - St. Mercy Medical Center Settles Violation of Section 504 of the Rehabilitation Act (U.S. Dept. of Health & Human Services – 1/3/12)
Following an investigation, St. Edward Mercy Medical Center has agreed to make changes to its policies and procedures to comply with Section 504 of the Rehabilitation Act of 1973. The settlement resulted from a complaint filed with OCR by a person with a lumbar and spinal disability who requires a service animal to assist him in a number of daily functions. While the complainant sought emergency medical treatment for his father, Mercy refused to allow the service animal to accompany the complainant into the hospital. The complainant was told his service animal was not a “seeing eye dog” and the animal would need to be removed from the hospital because he could not show vaccination records or tags verifying the health of the animal. After an investigation, OCR found that Mercy’s policies and procedures regarding access to service animals inappropriately excluded service animals already being used by qualified individuals with disabilities other than vision impairment.
