U.S. Department of JusticeCivil Rights             DivisionDisability Rights Section
COMMONLY ASKED QUESTIONS ABOUTSERVICE ANIMALS IN PLACES OF BUSINESS
1. Q: What are the laws that apply to my business?

A: 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.

2. Q: What is a service animal?

A: 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. Guide dogs are one type of service animal, used by some               individuals who 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. 

A service animal is not a pet.

3. Q: How can I tell if an animal is really a service animal             and not just a pet?

A: 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 because 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.

4. Q: What must I do when an individual with a service animal             comes to my business?

A: 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.

5. Q: I have always had a clearly posted "no pets" policy at             my establishment. Do I still have to allow service animals             in?

A: 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.

6. Q: My county health department has told me that only             a guide dog has to be admitted. If I follow those regulations, am I             violating the ADA?

A: 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.

7. Q: Can I charge a maintenance or cleaning fee for customers             who bring service animals into my business?

A: 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 the 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.

8. Q: 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?

A: 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.

9. Q: Am I responsible for the animal while the person with a             disability is in my business?

A: 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.

10. Q: What if a service animal barks or growls at other             people, or otherwise acts out of control?

A: 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.

11. Q: Can I exclude an animal that doesn't really seem             dangerous but is disruptive to my business?

A: 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 can be excluded.

If you have further questions about service animals or other             requirements of the ADA, you may call the U.S. Department of             Justice's toll-free ADA Information Line at 800-514-0301 (voice) or             800-514-0383 (TDD).

July 1996                                                 Reproduction             of this document is encouraged.

updated January 14, 2008