The ADA explains what businesses and state/local governments must do to make sure that they do not discriminate against a member of the public with a disability who uses a service animal.
Generally, businesses and non-profits that are open to the public as well as state/local governments must allow service animals to go most places where the public can go. This is true even if they have a “no pets” policy.
Read this to get a basic understanding of this topic.
Emotional support or comfort dogs, because providing emotional support or comfort is not a task related to a person’s disability
More about the difference between emotional support animals and service animalsIf the dog’s mere presence provides comfort, it is not a service animal under the ADA. But if the dog is trained to perform a task related to a person’s disability, it is a service animal under the ADA. For example, if the dog 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, the dog is a service animal.
A person who uses a wheelchair may have a dog that is trained to retrieve objects for them.
A person with depression may have a dog that is trained to perform a task to remind them to take their medication.
A person with PTSD may have a dog that is trained to lick their hand to alert them to an oncoming panic attack.
A person who has epilepsy may have a dog that is trained to detect the onset of a seizure and then help the person remain safe during the seizure.
Generally, service animals are allowed to be with their person, even in places that don’t allow pets. For example, service dogs can go into:
EXAMPLE: A restaurant offers indoor and outdoor seating. A woman arrives at the restaurant with her service dog and asks to sit inside. The restaurant cannot require the woman to dine outside because of her service dog.
The ADA also applies to certain types of housing, including:
The Fair Housing Act applies to many types of housing, both public and privately owned, including housing covered by the ADA. Under the Fair Housing Act, there may be different rules that apply when a resident or applicant with a disability uses a service animal or other animal to assist with their disability. The U.S. Department of Housing and Urban Development is responsible for administering the Fair Housing Act. Learn more at the U.S. Department of Housing and Urban Development or contact your Regional Fair Housing and Equal Opportunity Office.
The Air Carrier Access Act, not the ADA, protects the rights of people with disabilities in air travel. For information or to file a complaint, contact the U.S. Department of Transportation, Aviation Consumer Protection Division: 202-366-2220.
The Equal Employment Opportunity Commission (EEOC) is responsible for administering the ADA in employment settings.
If you are working at a business or state/local government facility and it is unclear to you whether someone’s dog is a service dog, you may ask for certain information using two questions.