Law & Legal & Attorney Government & administrative Law

Laws Regarding Service Dogs in Public

    • Any service animal is protected by federal law.crying capuchin monkey image by Vasily Smirnov from Fotolia.com

      Service animals are trained to perform tasks to assist the disabled. Individuals accompanied by service animals are entitled to equal access, and the Americans with Disabilities Act states that it is a crime to deny access to a service animal that is not being disruptive. Violators of the ADA can be punished with fines and jail time. The ADA supersedes state laws regarding service animal access unless the state law offers additional protections.

    Public and PrivateTransportation

    • Titles II and III of the ADA require transportation providers to allow entry for individuals with service animals irrespective of species. There is no requirement that the passenger present identification certifying the status of the accompanying animal. According to a report issued by the U.S. Department of Transportation, the recommended practice is to ask owners if they are using a service animal, and after receiving an affirmative response, to accept the animal's presence if it is under the owner's control.

      Transportation providers often voice concerns regarding the possibility of damage caused by a service animal. Service animals are trained not to relieve themselves in a public place, and owners are responsible for cleaning up any accidents. While it is illegal to charge extra fees based on the animal's presence, the service animal's owner can be billed for any damages if the general public would be asked to pay under similar circumstances.

    Workplaces

    • Title I of the ADA mandates that employers provide reasonable accommodation for the disabled. The service animal is allowed to be present unless it causes an undue hardship. Employers can ask for proof of the disability and of how the animal is used to compensate. Because service animals are not specifically protected, there have been interesting questions regarding conflicts between employees with service animals and employees with disabling allergies or phobias. The Equal Employment Opportunity Commission has ruled that each employee has the right to accommodation, and service dogs cannot be banned due to another employee's disability in the absence of undue hardship.

    Commercial Establishments

    • Title III of the ADA requires all businesses to allow individuals accompanied by service animals into any area open to the general public. Service animals are not considered pets and businesses cannot invoke a posted "no pet" policy to deny entry. Local health regulations, allergies or fear of animals are not generally considered acceptable reasons to deny access. If the animal becomes disruptive and the owner is unable to regain control, the animal may be asked to leave. However, the owner must be given the option to remain in the establishment without the service animal.

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