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Questions or Comments? Use the form at the bottom of the home page.
Question: What are the laws that apply to my business?
Answer: Under the Americans
with Disabilities Act of 1990, (ADA), privately owned businesses that serve the public,
such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and
sports facilities, etc., 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: What is a service animal?
Answer: The ADA describes
a service animal as ANY guide dog, signal dog, helper dog, or any other animal trained
to provide assistance to an individual with a disability. If they meet this definition,
animals 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 the individual with the disability cannot perform
for him or herself. "Seeing Eye" dogs are one type of service animal, used by people
who are blind. This is the type of service animal most people are familiar with.
But there are service animals that assist persons with other kinds of disabilities
in their day-
Answer:
Some, but not all, service animals wear special collars or 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, 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 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 the disability.
Question: What must I
do when an individual with a service animal comes to my business?
Answer: The service
animal must be permitted to accompany the individual with the 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: I have always
had a clearly posted "no pets" policy at my establishment. Do I still have to allow
service animals in?
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 rules.
Question: My county
health department has told me that ONLY a seeing eye dog has to be
admitted. If I
follow those regulations, am I violating the ADA?
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. The ADA provides greater protection for individuals
with disabilities and so it takes priority over local or state laws or regulations.
Question:
Can I charge a maintenance or cleaning fee for customers who bring service animals
into my business?
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 the disability, even if deposits are routinely required for pets.
However, a public accommodation may charge its customers with disabilities for damages
if a service animal causes damage so long as it is the regular practice of the entity
to charge non-
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-
Question: 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 provide services to someone with a service animal?
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 carrying individuals with disabilities and their service animals than they charge
to other persons for the same or equivalent service.
Question: Am I responsible for
the service animal while the individual with the disability is in my establishment?
Answer:
No. The care or supervision of a service animal is solely the responsibility of
his or her owner. You are not required to provide care or food or a special location
for the animal.
Question: What if a service animal barks or growls at other people,
or otherwise acts out of
control?
Answer: You may exclude any animal, including a
service animal, from your facility when that animal's behavior poses a direct threat
to the health or safety of others. For example, any service animal that displays
vicious behavior towards other guests or customers may be excluded. You may not
make assumptions, however, about how a particular animal is likely to behave based
on your past experiences with other animals. Each situation must be considered individually.
Although
a public accommodation may exclude a any service animal that 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: Can I exclude a service animal that doesn't seem really dangerous
but is disruptive to my business?
Answer: There may be a few circumstances when a
public accommodation is not required to accept 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 constantly
during a movie, the animal can be excluded.
If you have further questions about service
animals or other requirements of the ADA, you may call the United States Department
of Justice's toll free ADA information line: 1-
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