For Businesses:
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.
How can I tell if an animal is really a service animal and not just a pet?
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 unsure that an animal is a service animal, you may ask the person if it is a service animal required because of a disability. However, an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability. Therefore, such documentation 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.
Important Notes for Businesses:
- Businesses may ask if an animal is a service animal or ask what tasks it 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 customers. However, if a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may be charged for damage caused by his or her service animal.
- A person with a disability cannot be asked to remove his or her service animal from the premises unless: (1) the animal is out of control and its owner does not take effective action to control it (for example, a dog that barks repeatedly during a movie), or (2) the animal poses a direct threat to the health or safety of others.
- In these cases, the business should give the person with a disability the option to obtain goods and services without having the animal on premises.
- Businesses that sell or prepare food must allow 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 area for it to relieve itself.
- Allergies and fear of animals are not valid reasons for denying access or refusing service to people with service animals.
- Violators of the ADA can be required to pay money damages and penalties.
