Service Animals and the ADA: A Few Key Things to Know
We do digital accessibility audits using an industry-leading combination of CPACC-certified accessibility specialists, the best available software and tech innovations, and blind and low-vision manual testers who provide detailed, real-world insights and feedback. So, if our business is helping your business boom in the digital world, why do we care about service animals? The answer is simple- because we value accessibility awareness. Period.
At AllyADA, because our work is drawn from our real-life experiences with family members, community members, and team members who navigate the world with low or no vision, we think it’s important to understand some of the broader protections afforded under the Americans with Disabilities Act (ADA), including those specific to use of and reliance on service animals.
For your part, as a business owner who recognizes the benefits of accessibility across the digital realm, including avoiding hefty regulatory fines and lawsuits, it’s important to also stay apprised of your obligations when it comes to operating in the brick-and-mortar world. Let’s dive a little deeper.
Rabbits and Chickens and Hedgehogs, Oh My!
There is a pretty broad misconception that any animal of any size, shape, or variety constitutes a service animal. We’ve all seen videos of people boarding planes, trains, and busses with goats, peacocks, and other fluffy, scaly, or cute animals, proudly proclaiming them to be service animals and requesting that they have unfettered access to public transport. However, legally protected service animals, as currently defined under the ADA, include only two categories of officially recognized animals: dogs and miniature horses. Presumably, these two, among all other possibilities, are included for their proven ability to meet the performance requirement necessary to qualify as a service animal. (see below)
• Service dogs may be of any breed or size, so there are no specific requirements on either of those attributes.
• Service miniature horses must fall within the expected size attributes for this type of animal. Specifically, they are expected to be approximately 24-34 inches tall and weigh less than 100 pounds.
What are the Requirements for Service Animals?
Simply being a dog or a miniature horse is not enough to qualify as a service animal. The Civil Rights Division of the U.S. Department of Justice (DOJ) specifies that under the ADA, this designation only applies to those animals that are “trained to perform a task directly related to a person’s disability.”
This is a critical criterion that serves to fully distinguish service animals from other animals. Tasks that meet this standard are things like alerting deaf or low-hearing people to signals and sounds in the environment (like emergency response sirens or fire alarms), altering someone with epilepsy to an impending seizure, and guiding blind or low-vision people through public spaces. Note that these tasks are specific, trained actions that can occur as needed to support people, prevent harm, and protect them from external threats. This differs sharply from simply being a source of calm.
Service animals do not have to acquire, maintain, or provide any special certification or license and do not have to wear an identifying vest, ID, or tag.
What is an Emotional Support Animal? Do They Have the Same Rights?
Commonly called an emotional support animal or emotional support pet, these animals are generally brought along by people who find them comforting in a given situation. These animals are typically the ones that fall outside the range of dogs or miniature horses. Rabbits, chickens, hedgehogs, peacocks, cats, goats, hamsters, and others have been identified as emotional support animals. In fact, even dogs and miniature horses may be identified as emotional support animals. However, providing emotional support does not qualify for protection under the ADA, so any animal that is only an emotional support animal is not a service animal.
While the reasons for needing comfort may be very real, and the animals may indeed provide this much-needed comfort, legal protections are only afforded to those animals providing a clear and specific service in the form of one or more actions.
What Rights Do People Using Service Animals Have Under the ADA?
The protections afforded under the ADA to people who rely on service animals are broad. Specifically, service animals have legal access to “all areas of a facility where the public is allowed to go.” This means that unless there is a clear reason to specifically prevent a service animal from going into a certain area, then the service animal is allowed to be present there. An example provided by the DOJ helps clarify this point using the hospital environment:
• May a service animal accompany someone into a hospital? Yes.
• May a service animal accompany someone in the intake/waiting area of an Emergency Department or hospital? Yes.
• May a service animal accompany someone into a private room in an Emergency Department or other patient room? Yes.
• May a service animal accompany someone into the testing and observation areas of a hospital? Yes.
• May a service animal accompany someone into a hospital cafeteria? Yes.
• May a service animal accompany someone into an operating suite in a hospital? Not necessarily. Here, the decision must be made by the hospital in a way that correctly and carefully balances the needs and rights of the individual who relies on the service animal with the health needs and rights of that individual and other patients to reduce the potential risk of harm- like contamination or infection.
This broad access to service animals applies in any public setting, including restaurants, government buildings, stadiums, schools, hotels, stores, public housing, emergency shelters, etc. As in the example above, only an overriding public welfare concern can warrant limiting access to a particular area. Note that the presence of other people with allergies to dogs or miniature horses does not justify preventing access to a service animal. Both the individual with allergies and the individual who relies on a service animal must be accommodated under the ADA.
What Legal Obligations Do People Have with Respect to Service Animals?
Obviously, the answer to this question differs based on whether you are using a service animal or you are encountering a service animal in the public realm, particularly in your physical business space.
Individuals Using Service Animals
Contrary to popular belief, service animals do not have to wear vests, which identifies them as service animals. But, they must be under control at all times. Control can mean a physical restraint like a leash, harness, or tether, but it can also mean voice or signal command. The key to satisfying this criterion is having actual, observable control over the animal. For instance, if someone enters a restaurant with a service animal not on a leash, but the animal responds appropriately to simple physical or verbal cues, this could amount to having control.
Those using service animals are also solely responsible for taking care of their basic needs, like the provision of food and water, and are solely responsible for any damage or harm caused by their actions.
Business Owners, Managers, and State/Local Governments
You may do any of the following:
1. Ask if the dog or miniature horse is a service animal.
2. Ask what specific work or task the dog or miniature horse is trained to provide.
3. Ask someone to remove their service animal, but ONLY if the animal is not under control or is not house-trained.
Note- you can do these things even if the dog or miniature horse is wearing a vest identifying it as a service animal. This is because the vest is not required, nor does it somehow automatically mean that the animal is a service animal. Seeking verbal confirmation is allowed, as is inquiring about the specific task or work the animal performs.
You may not do any of the following:
1. Ask for proof or documentation of the animal’s status as a service animal.
2. Ask for a demonstration as proof.
3. Require the individual or their service animal to sit or remain outside or deny them access to any space where the general public normally has access. This includes a restaurant dining room. (See the hospital example above for insight into the only exception - overriding health risks or danger.)
State or Local Governments
State and local governments can expand on ADA protections for service animals but cannot limit them. For instance, a state or local law cannot override the ADA’s restriction on requesting proof of service animal status or ban certain dog breeds from being used as service animals. However, they can require service animals to meet all of the basic licensing and vaccination requirements in the state and can provide purely voluntary service animal certification or registration programs.
We’ve Got Your Digitial Accessibility Needs Covered
The reliance on service animals is only one aspect of daily life that directly impacts many people with disabilities. For your part, ensuring accessibility, equity, and inclusion requires understanding the regulations that govern service animals and any other areas of ADA compliance. Not only is this morally correct, legally required, and, in most cases, easy to do, but it’s also very smart for business. Having accessibility knowledge and putting that knowledge into practice is never a roadblock to better business. In fact, doing so is almost always a business boost, bringing along many expected and unexpected benefits.
For information on digital accessibility under the ADA and how you can bring your website into ADA compliance, reach out to one of our accessibility specialists today. We take the business of accessibility seriously because it’s seriously good for business. Let’s talk!