Law & Legal & Attorney Government & administrative Law

ADA Service Dog Law

    Features

    • Taxis are required to allow individuals with service dogs to use their services.taxi image by Dron from Fotolia.com

      The ADA gives people with disabilities the right to take their service dog into any area the general public is allowed. This includes medical facilities, hotels, movie theaters, restaurants, taxis, zoos and sporting events. Businesses are not allowed to block the entrance of a service dog due to allergies or fear. The only time a disabled person can be asked to remove the service dog is if it is not reasonably under control or is a “direct threat to the health or safety of others.”

    Types

    • There are three types of service dogs recognized by the ADA: guide dogs, hearing dogs and service dogs. Guide dogs are trained to assist a visually impaired person in almost any setting. Hearing dogs alert their hearing-impaired owners to a variety of sounds. Service dogs do special assignments, such as returning something dropped by a person in a wheelchair, alerting to a seizure or towing a wheelchair.

    Identification

    • There is no national training or certification program for service dogs and therefore no nationally recognized identification material for service dogs. Some--but not all--assistance dogs wear a special collar, harness or cape that identifies them as such. While business owners are not allowed to request proof of a service dog’s credentials or an individual’s disability, they can ask whether or not the dog is a service dog and what kind of tasks the dog can do.

    Fees

    • According to the ADA, a person with a service dog may not be charged an extra fee to have their canine in a public place—even if people with pet dogs are charged. However, if all people with dogs are charged for any damages their dogs cause, then the disabled person must also pay the same fees if the service dog causes damage.

    Enforcement

    • ADA laws—including those related to service dogs—are enforced by the Department of Justice. Individuals may file a complaint with the DOJ on the ADA website. Penalties imposed by the DOJ can range from educating employees about the ADA and related service dog laws to paying a fine to the disabled person whose rights were violated.

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