Question 1

What is the law regarding service dog access to public places?

Accepted Answer

Under the Americans with Disability Act (ADA), all businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service dogs onto business premises in whatever areas customers are generally allowed. Additional charges for admitting the service dog to an establishment or fares for transportation cannot be required. Only religious facilities and residential facilities may refuse service dog entry.

Question 2

What is the value of a public access tested/approved service dog?

Accepted Answer

The industry cost to select, raise, train, and place public access tested/approved service dog is estimated to be $20,000 to $30,000.

Question 3

What are the estimated costs associated with owning a service dog?

Accepted Answer

Initial costs: $100-$750 (food/water bowls, grooming supplies, dog bed, toys).

Yearly expenses: $600-$1,600 (vaccines, food, heartworm/flea preventative, grooming, treats, leashes, etc.).

Question 4

How long will I have to wait for a service dog?

Accepted Answer

It is goal of our partners to match the right dog with the specific needs of each recipient. For that reason, the Training Team reviews each recipient application, and your wait time will depend on us having a dog that can best suit your specific needs. Another determining factor will be the amount of specialized training required to meet your needs.

Question 5

What are the laws that apply to my business?

Accepted Answer

Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed.

Question 6

What is a service animal?

Accepted Answer

The ADA defines a service animal as any dog individually trained to do work or perform tasks for an individual with a disability. Miniature horses are also considered service animals 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 and miniature horses are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government. 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:
 
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.

Question 7

How can I tell if an animal is really a service animal and not just a pet?

Accepted Answer

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.

Question 8

What must I do when an individual with a service animal comes to my business?

Accepted Answer

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.

Question 9

I have always had a clearly posted “no pets” policy at my establishment. Do I still have to allow service animals in?

Accepted Answer

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.

Question 10

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?

Accepted Answer

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.

Question 11

Can I charge a maintenance or cleaning fee for customers who bring service animals into my business?

Accepted Answer

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.

Question 12

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?

Accepted Answer

Yes. Taxicab companies may not refuse to provide services to individuals with disabilities. Private taxicab companies are also prohibited from charging higher fares or fees for transporting individuals with disabilities and their service animals than they charge to other persons for the same or equivalent service.

Question 13

Am I responsible for the animal while the person with a disability is in my business?

Accepted Answer

No. The care or supervision of service animals is solely the responsibility of their owner. You are not required to provide care, food, or a special location for the animal.

Question 14

What if a service animal barks or growls at other people, or otherwise acts out of control?

Accepted Answer

You may exclude any animal, including a service animal, from your facility when that animal’s behavior directly threatens the health or safety of others. For example, any service animal that displays vicious behavior towards other guests or customers may be excluded. However, you may not make assumptions 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.

Question 15

Can I exclude an animal that doesn’t really seem dangerous but is disruptive to my business?

Accepted Answer

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.
 
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).

FAQ's