Do you know your rights?

These will all be direct quotes from the ADA.gov website;

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

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

A service animal must be under control of its handler under the ADA service animal 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.

 

When it is not obvious what service an animal provides only limited inquiries are allowed. Staff may ask 2 questions

  1. Is the dog a service animal required because of a disability?
  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 asked 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 is using the service animal must spend time in the same room or facility,…, 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 house broken when there is a legitimate reason to ask that they service and will 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.
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