U.S. Department of Justice
Civil Rights Division
Disability Rights Section
 

The Department of Justice published revised final regulations  implementing the Americans with Disabilities Act (ADA) for title II  (State and local government services) and title III (public  accommodations and commercial facilities) on September 15, 2010, in the  Federal Register.  These requirements, or  rules, contain updated  requirements, including the 2010 Standards for Accessible Design (2010  Standards).

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

• Beginning on March 15, 2011, only dogs are recognized as service animals under titles II and III of the ADA.
• A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability.
• 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.

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. Service animals are working animals, not pets.   The work or task a dog has been trained to provide must be directly   related to the person’s disability. Dogs whose sole function is to  provide comfort or emotional support do not qualify as service animals  under the ADA.

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.

Some State and local  laws also define service animal more  broadly than the ADA does.  Information about such laws can be obtained  from the relevant State attorney  general’s office.

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. 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.

A service animal must be under the control of its  handler. 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. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.

• When it is not obvious what service an animal provides, only  limited inquiries are allowed.  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. 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.
• 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 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.
• 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 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.
• Establishments  that sell or prepare food must generally  allow service animals in public areas  even if state or local health  codes prohibit animals on the premises.
• People with disabilities who use service animals cannot be  isolated  from other patrons, treated less favorably than other patrons,  or  charged fees that are not charged to other patrons without animals.    In addition, if a business requires a deposit or fee to be paid by   patrons with pets, it must waive the charge for service animals.
• If a business such as a hotel normally charges guests for  damage that  they cause, a customer with a disability may also be  charged for damage  caused by himself or his service animal.
• Staff are not required to provide care for or supervision of a service animal.

In  addition to the provisions about service dogs, the  Department’s ADA regulations have a separate provision about miniature  horses  that have been individually trained to do work or perform tasks  for  people with disabilities. (Miniature horses generally  range in height from 24 inches to 34 inches  measured to the shoulders  and generally weigh between 70 and 100  pounds.) Entities covered by the  ADA must modify their policies to  permit miniature horses where  reasonable. The regulations set 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; (2) whether the  miniature horse is under the  owner’s control; (3) whether the facility  can accommodate the miniature  horse’s type, size, and weight; and (4)  whether the miniature horse’s  presence will not compromise legitimate  safety requirements necessary  for safe operation of the facility. 

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

Duplication of this document is encouraged.

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.

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

Originally issued: July 12, 2011

Last updated: February 24, 2020