Service animals are defined by the Americans with Disabilities Act (ADA) as dogs who are trained to provide assistance or complete tasks for a person with disabilities. In some cases, miniature horses are also covered. Miniature horses can assist people with disabilities who cannot have a dog, for example, because of an allergy.
The ADA has clear guidelines on what constitutes a service animal, instead of a therapy or emotional support animal. If the animal is trained to intercept or alert the owner to the onset of an attack or to perform tasks for the person with disabilities, they are a service animal. These criteria can apply to service animals used for psychiatric disorders, amongst other conditions. However, if the animal is intended for emotional support and comfort only, they are defined as a therapy animal.
Under American law, you must allow customers with disabilities to access their service animals, if they have one, so that they can use your store or service. You cannot ask for proof of the service animal’s legitimacy, ask to see the animal perform the tasks they have been trained to do, or request documentation for the animal. Further, you should never ask about the disabilities the dog is trained to assist with.
A person who uses a service animal has a responsibility to control it and may provide a harness to indicate the animal’s purpose or that it is working, but this is not required by law. Neither is a tag, vest, or any other kind of identification. Service animals must also be housebroken.
There are two specific questions you or your employees can ask to establish whether an animal that enters your business is a legitimate service animal.
These questions are particularly useful in a case where the dog or miniature horse is not wearing any obvious identification. However, most people with service animals use harnesses or vests with pride.
Some people with disabilities may have more than one service animal to manage two different conditions. For example, if a person with a disability has two service dogs, each dog will have had different training to assist their handler with different types of support. You must allow access to both but can ask the same two questions about each dog in turn.
Generally, service animals can go wherever the person they support can go. However, there are occasions when you can legally deny access to a business or service. These include self-service food lines, hospitals, and even ambulances. Service animals also cannot be restricted to pet-friendly hotel rooms — a person who owns a service animal for a disability may choose any room.
The ADA states that businesses may deny access if the animal is out of control, and the owner is not effectively managing its behavior. You can also restrict access if the animal is not housebroken.
If you have to ‘fundamentally alter’ the service, activity, or store that you own to allow a service animal to enter your business, you may legally deny access.
Service animals are usually highly trained and well-behaved. Their primary concern is taking care of their owner and doing the tasks they are trained to do. For example, most service dogs do not take their eyes off their handler and are not interested in chewing your furniture or swiping food, like regular dogs. Service animals are a pleasure and a legal responsibility for business owners to accommodate.