When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence. A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken.When a person who is allergic to 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 be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility. Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals.Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. When it is not obvious what service an animal provides, only limited inquiries are allowed. Inquiries, Exclusions, Charges, and Other Specific Rules Related to Service Animals In that case, the individual must maintain control of the animal through voice, signal, or other effective controls. Under the ADA, service animals must be harnessed, leashed, or tethered, unless the individual’s disability prevents using these devices or these devices interfere with the service animal’s safe, effective performance of tasks. Service Animals Must Be Under ControlĪ service animal must be under the control of its handler. However, it may be appropriate to exclude a service animal from operating rooms or burn units where the animal’s presence may compromise a sterile environment. Under the ADA, State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany 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 animal from areas such as patient rooms, clinics, cafeterias, or examination rooms. Information about such laws can be obtained from the relevant State attorney general’s office.

Some State and local laws also define service animal more broadly than the ADA does. This definition does not affect or limit the broader definition of “assistance animal” under the Fair Housing Act or the broader definition of “service animal” under the Air Carrier Access Act. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

The work or task a dog has been trained to provide must be directly related to the person’s disability. Service animals are working animals, not pets. Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties.

Generally, title II and title III entities must permit service animals to accompany people with disabilities in all areas where members of the public are allowed to go.

A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability.

Beginning on March 15, 2011, only dogs are recognized as service animals under titles II and III of the ADA.

This publication provides guidance on the term “service animal” and the service animal provisions in the Department’s regulations.

For information about the legal requirements, visit Laws, Regulations & Standards.

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