Is An Emotional Support Dog A Service Animal

Service Animals

The Section of Justice published revised final regulations implementing the Americans with Disabilities Human activity (ADA) for championship 2 (Land and local government services) and championship Three (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, comprise updated requirements, including the 2010 Standards for Accessible Design (2010 Standards).

Overview

This publication provides guidance on the term "service animal" and the service animal provisions in the Section's regulations.

• Offset on March fifteen, 2011, merely dogs are recognized as service animals under titles Ii and Three of the ADA.
• A service animal is a dog that is individually trained to exercise work or perform tasks for a person with a disability.
• Generally, championship Two and title Iii entities must allow service animals to accompany people with disabilities in all areas where members of the public are immune to go.

How "Service Animal" Is Divers

Service animals are divers every bit dogs that are individually trained to practise work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deafened, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to accept prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The piece of work or task a canis familiaris has been trained to provide must be directly related to the person's inability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

This definition does non affect or limit the broader definition of "assistance animal" under the Off-white Housing Deed or the broader definition of "service animal" under the Air Carrier Admission Act.

Some State and local laws as well define service brute more broadly than the ADA does. Information about such laws tin be obtained from the relevant Country chaser general'south office.

Where Service Animals Are Allowed

Nether the ADA, State and local governments, businesses, and nonprofit organizations that serve the public by and large must allow service animals to back-trail people with disabilities in all areas of the facility where the public is allowed to go. For example, in a hospital it usually would be inappropriate to exclude a service animate being from areas such as patient rooms, clinics, cafeterias, or examination rooms. However, it may be appropriate to exclude a service animal from operating rooms or burn units where the animal'due south presence may compromise a sterile environment.

Service Animals Must Exist Under Command

A service animal must exist under the control of its handler. Under the ADA, service animals must be harnessed, leashed, or tethered, unless the private's inability prevents using these devices or these devices interfere with the service animal's condom, effective performance of tasks. In that case, the individual must maintain control of the brute through vocalism, bespeak, or other effective controls.

Inquiries, Exclusions, Charges, and Other Specific Rules Related to Service Animals

• When information technology is not obvious what service an animal provides, merely limited inquiries are allowed. Staff may enquire two questions: (1) is the canis familiaris a service animate being required because of a disability, and (2) what piece of work or task has the domestic dog been trained to perform. Staff cannot inquire nearly the person's disability, crave medical documentation, require a special identification card or training documentation for the dog, or enquire that the dog demonstrate its ability to perform the work or task.
• Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to domestic dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should exist accommodated past assigning them, if possible, to dissimilar locations within the room or dissimilar rooms in the facility.
• A person with a disability cannot exist asked to remove his service animal from the premises unless: (1) the dog is out of control and the handler does not have effective action to command information technology or (2) the dog is not housebroken. When in that location is a legitimate reason to ask that a service creature be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal'due south presence.
• Establishments that sell or prepare food must generally let service animals in public areas even if country or local health codes prohibit animals on the premises.
• People with disabilities who apply service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are non charged to other patrons without animals. In addition, if a business requires a eolith or fee to be paid past patrons with pets, it must waive the charge for service animals.
• If a business such equally a hotel normally charges guests for impairment that they cause, a customer with a disability may as well exist charged for damage caused by himself or his service brute.
• Staff are not required to provide care for or supervision of a service animal.

Miniature Horses

In addition to the provisions nigh service dogs, the Department's ADA regulations take a dissever provision about miniature horses that take been individually trained to do work or perform tasks for people with disabilities. (Miniature horses by and large range in tiptop from 24 inches to 34 inches measured to the shoulders and generally weigh betwixt seventy and 100 pounds.) Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. The regulations gear up out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (ii) whether the miniature horse is nether the owner'due south control; (3) whether the facility tin accommodate the miniature horse's type, size, and weight; and (iv) whether the miniature horse's presence will not compromise legitimate safety requirements necessary for safe operation of the facility.

For more data about the ADA, please visit our website or call our price-costless number.

ADA Website

www.ADA.gov

To receive electronic mail notifications when new ADA information is available,

visit the ADA Website'southward home page to sign up for e-mail updates.

ADA Information Line

800-514-0301 (Phonation) and 800-514-0383 (TTY)

24 hours a day to order publications by mail.

M-Due west, F 9:30 a.grand. – v:30 p.yard., Th 12:30 p.k. – v:30 p.yard. (Eastern Time)

to speak with an ADA Specialist. All calls are confidential.

For persons with disabilities, this publication is bachelor in alternate formats.

Duplication of this document is encouraged.

The Americans with Disabilities Human action authorizes the Department of Justice (the Section) to provide technical aid to individuals and entities that have rights or responsibilities under the Act. This certificate provides informal guidance to assist you in understanding the ADA and the Department's regulations.

This guidance document is not intended to exist a final agency action, has no legally binding effect, and may be rescinded or modified in the Department's complete discretion, in accord with applicable laws. The Section's guidance documents, including this guidance, do not institute legally enforceable responsibilities beyond what is required by the terms of the applicable statutes, regulations, or binding judicial precedent.

Originally issued: July 12, 2011

Terminal updated: February 24, 2020

Source: https://www.ada.gov/service_animals_2010.htm

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