Business Rights Concerning Service Dogs

At an ADA-covered business, when a dog’s service role is not obvious, staff may ask whether it is required because of a disability and what work or task it has been trained to perform. Do not ask for a diagnosis, certification, a doctor’s letter, or a task demonstration. A verbal claim does not make behavior requirements disappear.

Allergies and fear of animals are generally not valid reasons for denying access or refusing service to people with Service Animals. Violators of the ADA can be required to pay money damages and penalties. Additionally, you must modify your businesses’ policies, practices, or procedures to permit the use of a Service Animal by an individual with a disability.

You may ask a Service Animal to leave if (1) the animal is out of control and the animal’s owner does not take effective action to control it (for example, a dog that barks repeatedly during a movie) or (2) the animal is not housebroken. A particular animal may also be excluded when an individualized assessment establishes a direct threat, or its presence would fundamentally alter the service. Assumptions about a breed or disability are not enough.

While Service Animals are expected to behave appropriately at all times, please remember they are not robots. They have bad days and sometimes feel under the weather — just like you!

View The U.S. Department of Justice Requirements for Service Animals

An excellent video describing access for Service and Assistance Dogs, produced by the American Hotel & Lodging Association. It was created by the AHLA’s affiliate, the California Hotel & Lodging Association. It is also a helpful training video for police departments who may be called upon to help Service and Assistance Dogs gain access and/or issue citations to violators.

Watch the original linked video

“Welcome Service Animals” explains what a Service Animal is and how common types of Service Animals assist their disabled owners. This video is produced by the American Hotel & Lodging Association. It was created by the AHLA’s affiliate, the California Hotel & Lodging Association Educational Foundation with funding from American Express. It is also a helpful training video for hotels and restaurants.

Watch the original linked video

Under the Americans with Disabilities Act (ADA), covered businesses and organizations that serve the public generally must allow people with disabilities to bring their Service Animals into all areas of the facility where customers are normally allowed to go. Covered public accommodations include including restaurants, hotels, taxis and shuttles, grocery and department stores, hospitals and medical offices, theaters, health clubs, parks, and zoos.

• When the need is not obvious, staff may ask the two permitted service-animal questions. The handler does not have to show service-animal identification or disclose a diagnosis.
• People with disabilities who use Service Animals cannot be charged extra fees, isolated from other patrons, or treated less favorably than other patrons. However, if a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may be charged for damage caused by his or her Service Animal.
• A person with a disability cannot be asked to remove his Service Animal from the premises unless: (1) the animal is out of control and the animal’s owner does not take effective action to control it (for example, a dog that barks repeatedly during a movie) or (2) the animal is not housebroken. A particular animal may also be excluded when an individualized assessment establishes a direct threat, or its presence would fundamentally alter the service. Assumptions about a breed or disability are not enough. In these cases, the business should give the person with the disability the option to obtain goods and services without having the animal on the premises.
• Businesses that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises.
  A business is not required to provide care or food for a service animal or provide a special location for it to relieve itself.
• Allergies and fear of animals are generally not valid reasons for denying access or refusing service to people with service animals.
  Violators of the ADA can be required to pay money damages and penalties.

If you have additional questions concerning the ADA and service animals, please call the Department’s ADA Information Line at (800) 514-0301 (voice) or 1-833-610-1264 (TTY) or visit the ADA Business Connection at ada.gov.

Hotels cannot charge for ordinary hair or dander cleaning from a service dog. Actual damage may be charged under the same policy used for other guests.

Service Dog Standards works alongside the Americans with Disabilities Act (ADA), providing training and behavior standards and education about human-handler responsibilities. Trainers use that foundation to prepare clients for safe, responsible public work. It can also help staff understand what service-dog teams are preparing for. Use it as educational context; a business cannot make participation in SDS a condition of ADA access.