At Your Service

Service animals often play a vital role in helping those with disabilities lead fuller lives, but there is a lot of misinformation and confusion regarding how they are defined and what accommodations they are entitled to in public spaces.

A service animal—usually a dog, but sometimes a miniature horse—is individually trained to provide a service or complete a task for a disabled individual, according to the Americans with Disabilities Act (ADA). Some examples include helping guide a blind person, pulling a wheelchair, or accompanying someone with a seizure disorder. Though often a beloved family member, a service dog is always considered to be a working animal.

In contrast, the definition of an emotional support animal is not limited to dogs and involves the pet providing comfort and emotional support to a person in need.

Other legislation to note outside of the ADA is the federal Fair Housing Act that prevents discrimination against tenants. Even if a lease does not allow or restricts pets, it requires a landlord to make reasonable accommodations for assistance animals, including emotional support ones. When traveling, the Air Carrier Access Act comes into effect and also has a broader definition. It’s best to check with individual carriers about their guidelines regarding service and emotional support animals.

The ADA requires state and local governments, businesses, and nonprofits that serve the public to allow service animals to accompany people with disabilities in all areas of the space where the public is allowed to go. A service animal must always be under the control of its handler and be leashed or harnessed unless that interferes with the task it performs.

In areas of public accommodation, when it’s not readily obvious what job the animal performs, staff can only ask two questions:

1. Is this dog a service animal required because of a disability?
2. What work or task has the animal been trained to provide?

They cannot ask anything specific about the nature of the disability or require the animal to perform a demonstration. A service animal owner is not required to carry any paperwork such as medical documentation or identification cards for proof. People with disabilities using service dogs cannot be treated unfavorably or required to pay any fees for having an animal.

A service animal cannot be denied access due to allergies or fear of dogs from staff or other patrons. The ADA suggests reasonable accommodations be made to separate the parties. Staff cannot be asked to care for the service animal.

A person can only be asked to leave a place of public accommodation if the service animal is not under the control of the handler or not housebroken. Even so, the person must be allowed to complete a transaction without the presence of the animal.

The Veterans Administration does offer benefits for those with a recognized need for a service dog; however, they do not provide the dogs themselves. It’s advised to meet with a VA Clinical Care provider to begin the application process if you or someone you know may need a service animal. Once approved, they are referred to accredited organizations to complete the training process and be paired with a service animal.

These animals provide an integral function in allowing persons with disabilities to retain their independence, and it is essential that the public welcomes them in that role.