Frequently Asked Questions
Definition of a Service Animal
A service animal, as defined by the ADA, is a dog that has been individually trained to perform tasks or do work for an individual with a disability. The tasks performed by the dog must be directly related to the person’s disability.
It means that the dog has been trained to take specific actions to assist the person with a disability. For example, a dog may be trained to alert a person with diabetes when their blood sugar levels are high or low. Another example is a dog that reminds a person with depression to take their medication. A dog can also be trained to detect seizures and help the person stay safe during a seizure.
No, they are not. These terms are used for animals that provide comfort by being with a person but are not trained to perform specific tasks. However, some State or local governments have laws allowing emotional support animals in public places. It’s recommended to check with your State and local government agencies for more information.
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It depends. The ADA distinguishes between psychiatric service animals and emotional support animals. If the dog has been trained to sense an anxiety attack and take specific actions to help avoid or lessen it, then it qualifies as a service animal. But if the dog’s mere presence provides comfort without any specific training, it is not considered a service animal under the ADA.
No, it doesn’t. People with disabilities have the right to train their service animals themselves and are not obligated to use professional service dog training programs.
No, they are not. According to the ADA, the dog must already be trained before it can be taken into public places. However, some State or local laws may cover animals that are still in training.
General Rules
No, hotels must provide guests with disabilities who use service animals the same opportunity to reserve any available room as any guest.
No, hotels are not permitted to charge guests for cleaning the hair or dander shed by a service animal. However, if a guest’s service animal causes damages to a guest room, a hotel is permitted to charge the same fee for damages as charged to other guests.
Generally, yes. Some people with disabilities may use more than one service animal to perform different tasks. Staff may ask permissible questions about each of the dogs, and if both dogs can be accommodated, both should be allowed in. In some circumstances, it may not be possible to accommodate more than one service animal, and staff may request that one of the dogs be left outside.
Generally, yes. Service animals must be allowed in patient rooms and anywhere else in the hospital where the public and patients are allowed to go. They cannot be excluded on the grounds that staff can provide the same services.
If the patient is unable to care for the service animal, the patient can make arrangements for someone else to provide these services or keep the dog during the hospitalization. The hospital must give the patient the opportunity to make arrangements for the dog’s care before taking other appropriate steps.
Generally, yes. However, if the space in the ambulance is crowded and the dog’s presence would interfere with the emergency medical staff’s ability to treat the patient, staff should make other arrangements to have the dog transported to the hospital.
Certification and Registration
No, covered entities may not require documentation, such as proof of certification, training, or licensing, as a condition for entry. Online service animal certification or registration documents do not convey any rights under the ADA
Yes, individuals who have service animals are not exempt from local animal control or public health requirements.
Yes, service animals are subject to local dog licensing and registration requirements.
No, mandatory registration of service animals is not permissible under the ADA. However, voluntary registries for public purposes, such as emergency evacuation processes, are permitted.
Yes, the ADA does not restrict the type of dog breeds that can be service animals.
Exclusion of Service Animals
Yes, the ADA does not restrict the type of dog breeds that can be service animals.
No, service animals may not be excluded based on assumptions or stereotypes about the animal’s breed. However, if a particular service animal behaves in a way that poses a direct threat or is not under control, it may be excluded.
Service animals may be excluded if their presence would fundamentally alter the nature of the goods, services, programs, or activities provided to the public or if it violates legitimate safety requirements. Additionally, if a service animal is out of control and the handler fails to take effective action or if the animal is not housebroken, it may be excluded.
In most cases, the presence of a service animal will not result in a fundamental alteration. However, there are exceptions. For instance, at a boarding school, service animals could be restricted from specific areas of a dormitory designated for students with allergies to dog dander. Similarly, at a zoo, service animals can be restricted from areas where they may disrupt or agitate the displayed animals that are natural prey or predators of dogs. However, they cannot be restricted from other areas of the zoo.
The ADA requires that service animals remain under the control of the handler at all times. The handler is typically the individual with a disability or a third party accompanying them. In public places, service animals should be harnessed, leashed, or tethered, unless these devices interfere with the animal’s work or the handler’s disability prevents their use. In such cases, the handler must use alternative means, such as voice or signals, to maintain control. For instance, a person using a wheelchair may use a long leash to allow their service animal to retrieve items while ensuring the animal doesn’t wander off. Under control also means that service animals should not bark repeatedly in quiet places like lecture halls or libraries. However, occasional barking or barking in response to provocation does not necessarily indicate the animal is out of control.
If a service animal becomes out of control, and the handler fails to take effective action to control it, staff may request the removal of the animal from the premises.
No, service animals must be under the control of the handler at all times. They should not be left unattended in hotel rooms.
Individuals who believe they have been unlawfully denied access or service due to their use of service animals have the right to file a complaint with the U.S. Department of Justice. They may also file a private lawsuit in federal court alleging discrimination under the ADA.
Miscellaneous
Generally, service animals should remain on the floor, or the person may carry the dog. For instance, if an individual with diabetes has a glucose alert dog, they may carry the dog in a chest pack to keep it close to their face, allowing the dog to detect changes in glucose levels through their breath.
No. Chairs, table seating, and food are provided for customer use only. While individuals with disabilities have the right to be accompanied by their service animals, establishments are not obligated to allow animals to sit on chairs or be fed at the table.
No. The ADA does not override public health regulations prohibiting dogs in swimming pools. However, service animals should be allowed on the pool deck and in other areas accessible to the public.
No. Religious institutions and organizations are specifically exempt from the ADA. However, there may be state laws that apply to religious organizations.
The ADA applies to housing programs administered by state and local governments, such as public housing authorities, and to places of public accommodation, including public and private universities. Additionally, the Fair Housing Act covers nearly all types of housing, both public and privately-owned, including those covered by the ADA. Under the Fair Housing Act, housing providers are required to allow the use of animals as a reasonable accommodation if they work, provide assistance, perform tasks that benefit individuals with disabilities, or offer emotional support to alleviate disability-related symptoms. For more information on these requirements, refer to HUD’s Notice on Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-funded Programs.
No. The Rehabilitation Act of 1973, specifically Section 504, is the federal law that safeguards the rights of individuals with disabilities to participate in federal programs and services. For information or to file a complaint, individuals should contact the equal opportunity office of the respective agency.
Resources
For more information about the ADA, please visit ADA.gov or call our toll-free number.
ADA Information Line 800-514-0301 (Voice) and 1-833-610-1264 (TTY) M-W, F 9:30 a.m. – 12:00 p.m. and 3:00 p.m. – 5:30 p.m., Th 2:30 p.m. – 5:30 p.m. (Eastern Time) to speak with an ADA Specialist. Calls are confidential. For people with disabilities, this publication is available in alternate formats.The Americans with Disabilities Act authorizes the Department of Justice (the Department) to provide technical assistance to individuals and entities that have rights or responsibilities under the Act. This document provides informal guidance to assist you in understanding the ADA and the Department’s regulations.
