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Table of Contents

  1. What are the laws that apply to my business?
  2. What is a service animal?
  3. How can I tell if an animal is really a service animal and not just a pet?
  4. What must I do when an individual with a service animal comes to my business?
  5. I have always had a clearly posted "no pets" policy at my establishment.  Do I still have to allow service animals in?
  6. My county health department  has told me that only a seeing eye or guide dog has to be admitted.  If I follow those regulations, am I violating the ADA?
  7. Can I charge a maintenance or cleaning fee for customers who bring service animals into my business?
  8. I operate a private taxicab and I don't want animals in my taxi; they smell, shed hair and sometimes have "accidents."  Am I violating the ADA if I refuse to pick up someone with a service animal?
  9. Am I responsible for the animal while the person with a disability is in my business?
  10. What if a service animal barks or growls at other people, or otherwise acts out of control?
  11. Can I exclude an animal that doesn't really seem dangerous but is disruptive to my business?
  12. Updates and in closing.

Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities.  The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed.

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The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.  If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.  Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself.  "Seeing eye dogs" are one type of service animal, used by some individuals that are blind.  This is the type of service animal with which most people are familiar.  But there are service animals that assist persons with other kinds of disabilities in their day-to-day activities.  Some examples include:

__Alerting persons with hearing impairments to sounds.

__Pulling wheelchairs or carrying and picking up things for persons with mobility impairments.

__Assisting persons with mobility impairments with balance.

 

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Some, but not all, service animals wear special collars and harnesses.  Some, but not all, are licensed or certified and have identification papers.  If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required of a disability.  However, an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability.  Therefore, such documentation generally may not be required as a condition for providing service to an individual accompanied by a service animal.  Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability. 

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The service animal must be permitted to accompany the individual with a disability to all areas of the facility where customers are normally allowed to go.  An individual with a service animal may not be segregated from other customers.

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Yes.  A service animal is not a pet.  The ADA requires you to modify your "no pets" policy to allow the use of a service animal by a person with a disability.  This does not mean you must abandon your "no pets" policy altogether but simply that you must make an exception to your general rule for service animals.

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Yes, if you refuse to admit any other type of service animal on the basis of local health department regulations or other state or local laws.  The ADA provides greater protection for individuals with disabilities and so it takes priority over the local or state laws or regulations.

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No. Neither a deposit nor a surcharge may be imposed on an individual with a disability as a condition to allowing a service animal to accompany the individual with a disability, even if deposits are routinely required for pets.  However, a public accommodation may charge its customers with disabilities if a service animal causes damage so long as it is the regular practice of entity to charge non-disabled customers for the same types of damages.  For example, a hotel can charge a guest with a disability for the cost of repairing or cleaning furniture damaged by a service animal if it is the hotel's policy to charge when non-disabled guests cause such damage.

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Yes.  Taxicab companies may not refuse to provide services to individuals with disabilities.  Private taxicab companies are also prohibited from charging higher fares or fees for transporting individuals with disabilities and their service animals than they charge to other persons for the same or equivalent service.

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No.  The care or supervision of a service animal is solely the responsibility of his or her owner.  You are not required to provide care or food or a special location for the animal.

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You may exclude any animal, including a service animal from your facility when that animal's behavior poses a direct threat to the health or safety of others.  For example, any service animal that displays vicious behavior towards other guests or customers may be excluded.  You may not make assumptions, however, about how a particular animal is likely to behave based on your past experience with other animals.  Each situation must be considered individually.  Although a public accommodation may exclude any service animal that is out of control, it should give the individual with a disability who uses the service animal the option of continuing to enjoy its goods and services without having the service animal on the premises.

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There may be a few circumstances when a public accommodation is not required to accommodate a service animal--that is, when doing so would result in a fundamental alteration to the nature of the business.  Generally, this is not likely to occur in restaurants, hotels, retail stores, theaters, concert halls, and sports facilities.  But when it does, for example, when a dog barks during a movie, the animal may be excluded.

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--Businesses may ask if an animal is a service animal or ask what tasks the animal has been trained to perform, but cannot require special ID cards for the animal or ask about the person's disability.

--Allergies or fear of animals are generally not valid reasons for denying access or refusing service to people with service animals.

--Violators of the ADA can be required to pay money damages and penalties.

(Duplication of the above Frequently Asked Questions is encouraged.   Last update January 22, 2002).

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Copyright 2002 Assistance Animal Access Consulting Services

950 Lloyd Center PMB 097, Portland, OR. 97232, 503-890-1075

Contact us with your questions at:  adacompliant@aol.com