ADA Requirements for Service Dogs

ADA Requirements for Service Dogs

U.S. Department of Justice

Civil Rights Division

Disability Rights Section

Frequently Asked Questions

about Service Animals and the ADA

Are emotional support, therapy, comfort, or companion animals considered service

animals under the ADA?

A: No. These terms are used to 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.

If someone’s dog calms them when having an anxiety attack, does this qualify it as a

service animal?

A: It depends. The ADA makes a distinction between psychiatric service animals and emo-

tional support animals. If the dog has been trained to sense that an anxiety attack is about

to happen and take a specific action to help avoid the attack or lessen its impact, that would

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.

Does the ADA require service animals to be professionally trained?

A: No. People with disabilities have the right to train the dog themselves and are not re-

quired to use a professional service dog training program.

Are service-animals-in-training considered service animals under the ADA?

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 that are still in training.

GENERAL RULES

What questions can a covered entity’s employees ask to determine if a dog is a service

animal?

A: In situations where it is not obvious 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 task, or inquire about

the nature of the person’s disability.

Do service animals have to wear a vest or patch or special harness identifying them as

service animals?

A: No. The ADA does not require service animals to wear a vest, ID tag, or specific harness.

Who is responsible for the care and supervision of a service animal?

A: The handler is responsible for caring for and supervising the service animal, which in-

cludes toileting, feeding, and grooming and veterinary care. Covered entities are not obli-

gated to supervise or otherwise care for a service animal.

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Can a person bring a service animal with them as they go through a salad bar or other

self-service food lines?

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, such as are commonly found in shelters or dormitories.

Can hotels assign designated rooms for guests with service animals, out of consider

ation for other guests?

A: No. A guest with a disability who uses a service animal must be provided the same

opportunity to reserve any available room at the hotel as other guests without disabilities.

They may not be restricted to “pet-friendly” rooms.

Can hotels charge a cleaning fee for guests who have service animals?

A: 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 damages to a guest room, a

hotel is permitted to charge the same fee for damages as charged to other guests.

Can people bring more than one service animal into a public place?

A: Generally, yes. Some people with disabilities may use more than one service animal

to perform different tasks. For example, a person who has a visual disability and a seizure

disorder may use one service animal to assist with way-finding and another that is 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 him or her with stability when walking. Staff may

ask the two permissible questions (See Question 7) about each of the dogs. 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.

Does a hospital have to allow an in-patient with a disability to keep a service animal in

his or her room?

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 on the

grounds that staff can provide the same services.

What happens if a patient who uses a service animal is admitted to the hospital and is

unable to care for or supervise their animal?

A: If the patient is not able to care for the service animal, the patient can make arrange-

ments 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 to be separated, or to keep

the dog during the hospitalization. If the patient is unable to care for the dog and is unable

to arrange for someone else to care for the dog, the hospital may place the dog in a board-

ing facility until the patient is released, or make other appropriate arrangements. However,

the hospital must give the patient opportunity to make arrangements for the dog’s care

before taking such steps.

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Must a service animal be allowed to ride in an ambulance with its handler?

A: Generally, yes. However, if the space in the ambulance is crowded and the dog’s pres-

ence would interfere with the emergency medical staff’s ability to treat the patient, staff

should make other arrangements to have the dog transported to the hospital.

CERTIFICATION AND REGISTRATION

Does the ADA require that service animals be certified as service animals?

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.

There are individuals and organizations that sell service animal certification or registra-

tion documents online. These documents do not convey any rights under the ADA and the

Department of Justice does not recognize them as proof that the dog is a service animal.

My city requires all dogs to be vaccinated. Does this apply to my service animal?

A: Yes. Individuals who have service animals are not exempt from local animal control or

public health requirements.

My city requires all dogs to be registered and licensed. Does this apply to my service

animal?

A: Yes. Service animals are subject to local dog licensing and registration requirements.

My city requires me to register my dog as a service animal. Is this legal under the ADA?

A: No. Mandatory registration of service animals is not permissible under the ADA. How-

ever, as stated above, service animals are subject to the same licensing and vaccination

rules that are applied to all dogs.

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?

A: Yes. Colleges and other entities, such as local governments, may offer voluntary reg-

istries. Many communities maintain a voluntary registry that serves a public purpose,

for example, to ensure 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 permitted in public places. This would be a violation of the

ADA.

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BREEDS

Can service animals be any breed of dog?

A: Yes. The ADA does not restrict the type of dog breeds that can be service animals.

Can individuals with disabilities be refused access to a facility based solely on the

breed of their service animal?

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 particular 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 control of the handler, 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.

If a municipality has an ordinance that bans certain dog breeds, does the ban apply to

service animals?

A: No. Municipalities that prohibit specific breeds of dogs must make an exception for a

service animal of a prohibited 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 particular animal’s actual behavior or history, but 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. In fact, some jurisdictions have no breed restrictions.

EXCLUSION OF SERVICE ANIMALS

When can service animals be excluded?

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 pro-

vided 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 if it is not housebroken, that animal may be

excluded.

When might a service dog’s presence fundamentally alter the nature of a service or

program provided to the public?

A: In most settings, the presence of a service animal will not result in a fundamental altera-

tion. However, there are some exceptions. For example, at a boarding school, service ani-

mals could be restricted from a specific area of a dormitory reserved specifically for students

with allergies to dog dander. At a zoo, service animals can be restricted from areas where

the animals on display are the natural prey or natural predators of dogs, where the pres-

ence 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.

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What does under control mean? Do service animals have to be on a leash? Do they

have to be quiet and not bark?

A: The ADA requires that service animals be under the control of the handler 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 in similar

settings, the school or similar entity may need to provide some assistance to enable a par-

ticular student to handle his or her service animal. The service animal must be harnessed,

leashed, or tethered while in public places unless these devices interfere with the service

animal’s work or the person’s disability prevents use of 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 retrieving an item at a distance from

her. Or, a returning veteran who has PTSD and has great difficulty entering unfamiliar spac-

es may have a dog that is trained to enter a space, 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 other 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.

What can my staff do when a service animal is being disruptive?

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.

Are hotel guests allowed to leave their service animals in their hotel room when they

leave the hotel?

A: No, the dog must be under the handler’s control at all times.

What happens if a person thinks a covered entity’s staff has discriminated against him

or her?

A: Individuals who believe that they have been illegally denied access or service because

they use service animals may file a complaint with the U.S. Department of Justice. Indi-

viduals also have the right to file a private lawsuit in Federal court charging the entity with

discrimination under the ADA.

MISCELLANEOUS

Are stores required to allow service animals to be placed in a shopping cart?

A: Generally, the dog must stay on the floor, or the person must carry the dog. For exam-

ple, if a person with diabetes has a glucose alert dog, he may carry 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.

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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?

A: No. Seating, food, and drink are provided for customer use only. The ADA gives a per-

son with a disability the right to be accompanied by his or her service animal, but covered

entities are not required to allow an animal to sit or be fed at the table.

Are gyms, fitness centers, hotels, or municipalities that have swimming pools required

to allow a service animal in the pool with its handler?

A: No. The ADA does not override public health rules that prohibit 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.

Are churches, temples, synagogues, mosques, and other places of worship required to

allow individuals to bring their service animals into the facility?

A: No. Religious institutions and organizations are specifically exempt from the ADA. How-

ever, there may be State laws that apply to religious organizations.

Do apartments, mobile home parks, and other residential properties have to comply

with the ADA?

A: The ADA applies to housing programs administered by state and local governments, such

as public housing authorities, and by places of public accommodation, such as public and

private universities. In addition, the Fair Housing Act applies to virtually all types of hous-

ing, 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, or perform tasks that benefit persons with

a 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 Notice on Service

Animals and Assistance Animals for People with Disabilities in Housing and HUD-funded

Programs.

Do Federal agencies, such as the U. S. Department of Veterans Affairs, have to comply

with the ADA?

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. For infor-

mation or to file a complaint, contact the agency’s equal opportunity office.

Do commercial airlines have to comply with the ADA?

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.

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