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What is a service animal?
According to the Americans with Disabilities Act (ADA), a service animal is a dog or miniature horse that is trained to do work or perform tasks for an individual with a disability. Miniature horses range in height from 24 inches to 34 inches measured to the shoulder and generally weigh between 70 and 100 pounds.
Service animals are working animals, not pets. Service animals help people be independent and mobile, and access public spaces and community resources.
Service animals do not need certification or professional training. However, the work or task a service animal has been trained to provide must be directly related to the individual's disability. Emotional support or comfort animals generally do not qualify as service animals under the ADA. However, the ADA makes a distinction between psychiatric service animals and emotional support animals. If the animal has been trained to sense that an anxiety attack is about to happen and take a specific action to help avoid the attack or lessen its impact, that would qualify as a service animal. If the animal's mere presence provides comfort, that would not be considered a service animal under the ADA.
Are service animals allowed in businesses?
According to the ADA, any area of a business that is open to the public must allow service animals, even if they have a “no pets” policy. However, service animals that are miniature horses must meet additional requirements. Entities covered by the ADA must modify their policies to permit miniature horses were 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:
- Whether the miniature horse is housebroken;
- Whether the miniature horse is under the owner's control;
- Whether the facility can accommodate the miniature horse's type, size, and weight; and
- Whether the miniature horse's presence will not compromise legitimate safety requirements necessary for the operation of the facility.
Are service animals allowed in restaurants, bars, or places that serve food and drink?
Yes. The ADA gives a person with a disability the right to be accompanied by his or her service animal in any place where the public is allowed to go.
Are service animals required to have IDs or documentation?
No. Service animals are not required to have IDs, documentation, or a specific vest. However, service animals 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 animals safe, effective performance of tasks. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.
How do I ask whether an animal is a service animal?
According to the ADA, in situations where it is not obvious that the dog or miniature horse is a service animal, you may only ask the following questions:
- Is this service animal required because of a disability?
- What work or task has the service animal been trained to
perform?
You are not allowed to ask for:
- Details about person’s disability
- The service animal’s registration, license, or certification
- A demonstration of the service animal’s task