Service Animals (ADA)

Read this article for a thorough discussion of service animals, and other assistance animals, under federal law. Available from the Law Library.

The ADA does not allow for emotional-support animals. Emotional-support animals that are used just for psychiatric support are different from a service animal, which helps “persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors” (28 CFR 35.104 Definitions). So, while a comfort dog that only provides emotional support is not allowed under the ADA, an animal that has been trained to perform specific tasks, including preventing epileptic seizures or interrupting behaviors that the individual has trouble controlling, is allowed. Examples of alert training might include nudging the person or walking around the person in a circle. However, even if an animal qualifies as a service animal, a public entity can ask them to leave if the animal is not housebroken or is out of control (28 C.F.R. §35.136).

"The ADA and ACAA regulations require entities to accommodate only one type of assistance animal: a service animal. 14 C.F.R. § 382.3; 28 C.F.R. §§ 36.104, 36.302(c). ADA regulations, established by the Department of Justice, define a service animal as one that has been trained to do work or perform tasks related to an individual’s disability. Only two species of animals qualify for ADA regulatory protection: dogs and miniature horses. (Miniature horses are included to accommodate dog allergies.) ACAA regulations, administered by the Department of Transportation (DOT), require accommodations only for trained dogs. For example, a dog may lead a blind person around obstacles, alert someone with epilepsy about an oncoming seizure, or retrieve dropped objects for a wheelchair user. A dog need not be professionally trained to qualify; it may be trained by its owner."

"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."

"The Department of Justice continues to receive many questions about how the Americans with Disabilities Act (ADA) applies to service animals. ... This publication provides guidance on the ADA’s service animal provisions" and should be read in conjunction with the publication ADA [...] Requirements: Service Animals [see first bullet.]"