NH Law About ...: Service Animals (ADA): Read Federal Law About ...

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Federal Statutes

Under Title II and Title III of the ADA a service animal is a dog (or under the ADA's associated regulations, a miniature horse) that is individually trained to do work or perform tasks for people with disabilities. Besides the ADA, there are other federal laws dealing with service animals. The definition of “assistance animal” under the Fair Housing Act and the definition of “service animal” under the Air Carrier Access Act are broader than the definition under the ADA. It's important to be sure that the definition you find is under the law that applies to your situation.

In addition to the ADA, we've linked below to other federal laws and regulations on service animals.

The Americans with Disabilities Act of 1990 and Revised ADA Regulations Implementing Title II and Title III
40 U.S.C. 3103. Admission of guide dogs or other service animals accompanying individuals with disabilities
49 U.S.C. § 41705. Discrimination against handicapped individuals
This federal law, also called the Air Carrier Access Act, prohibits discrimination on the basis of disability in air travel.
42 U.S.C. Ch. 45: Fair Housing

Federal Regulations

14 CFR Part 382. Nondiscrimination on the basis of disability in air travel.
"The purpose of this part is to carry out the Air Carrier Access Act of 1986, as amended. This rule prohibits both U.S. and foreign carriers from discriminating against passengers on the basis of disability; requires carriers to make aircraft, other facilities, and services accessible; and requires carriers to take steps to accommodate passengers with a disability." The applicable definition of service animal is found in § 382.3 What do the terms in this rule mean?
28 CFR Part 35. Nondiscrimination on the basis of disability in state and local government services
"The purpose of this part is to implement subtitle A of title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131-12134), as amended by the ADA Amendments Act of 2008 (ADA Amendments Act) (Pub. L. 110-325, 122 Stat. 3553 (2008)), which prohibits discrimination on the basis of disability by public entities." The definition of service animal is in § 35.104 Definitions.
28 CFR Part 36. Nondiscrimination on the basis of disability by public accommodations and commercial facilities
"The purpose of this part is to implement subtitle A of title III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181-12189), as amended by the ADA Amendments Act of 2008 (ADA Amendments Act) (Pub. L. 110-325, 122 Stat. 3553 (2008)), which prohibits discrimination on the basis of disability by covered public accommodations and requires places of public accommodation and commercial facilities to be designed, constructed, and altered in compliance with the accessibility standards established by this part." The definition of service animal is found at 28 CFR § 36.104.
29 CFR Part 38. Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Innovation and Opportunity Act
"The purpose of this part is to implement the nondiscrimination and equal opportunity provisions of the Workforce Innovation and Opportunity Act (WIOA), which are contained in section 188 of WIOA (29 U.S.C. 3248). Section 188 prohibits discrimination on the basis of race, color, religion, sex, national origin, age, disability, or political affiliation or belief, or, for beneficiaries, applicants, and participants only, on the basis of citizenship status or participation in a WIOA Title I-financially assisted program or activity. This part clarifies the application of the nondiscrimination and equal opportunity provisions of WIOA and provides uniform procedures for implementing them." See 29 CFR § 38.4 - Definitions.
38 CFR Part 1. Department of Veterans Affairs. General Provisions
See 38 CFR § 1.218 - Security and law enforcement at VA facilities. Paragraph (a)(11)(viii) defines service animals.
49 CFR Part 37. Transportation Services for Individuals with Disabilities (ADA)
"The purpose of this part is to implement the transportation and related provisions of titles II and III of the Americans with Disabilities Act of 1990." See 49 CFR § 37.3 for the definition of service animal.
49 CFR Part 39. Transportation for Individuals with Disabilities: Passenger Vessels
"The purpose of this Part is to carry out the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 with respect to passenger vessels. " See § 39.3 What do the terms in this rule mean? for the definition of service animal.

Please remember that this guide is for information purposes only and is not comprehensive.
It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use.
NH Law About ... is not a substitute for the services of an attorney.