and the services provided. The general information and opinions expressed here are not intended as legal advice. The Forest Service assumes no responsibility for the inappropriate application of the information. Those who make use of this guidebook are responsible for the accessibility and the safety of the programs they plan, design, and manage. Resorts should work with experienced legal counsel to advise them on legal issues relating to accessibility. Acknowledgments We would like to express our thanks for the assistance and review by Geraldine Link of the National Ski Areas Association; Ruth DeMuth and Barbara Szwebel of the Vail Adaptive Ski and Snowboard School; Sandy Lahmann of Meeting the Challenge, Inc., which operates the Rocky Mountain ADA Center; and Loren Kroenke, the Forest Service Winter Sports Program Manager. While this document is an update of the 2005 Forest Service document, we would like to acknowledge Peter Axelson and other staff members of Beneficial Designs, Inc., for their work on a project that compiled some of the information contained in that 2005 document as well as Greg Lais and staff members from Wilderness Inquiry for their 1995 work with outfitters embraced by our earlier document and, also, within this document. Adaptive sports equipment manufacturers, chair lift manufacturers, ski area operators, skiers with disabilities, and adaptive sports program directors were also helpful. Written comments are appreciated. Submit comments to Janet Zeller, National Accessibility Program Manager, USDA Forest Service, Recreation Program, 1400 Independence Avenue, SW, Mailstop 1125, Washington, DC 20250-1125 or by email to .
(1) Is the animal required because of a disability? (2) What work or task has the animal been trained to perform? However no follow up questions may be asked and an business is not allowed to deny the entrance of the service animal because of the individual’s response to either of these questions. Never ask about the person’s disability. Remember 85 percent of disabilities are unseen so the person who has a disability and depends on a service animal may not look like they need a service animal. You also cannot require documentation that the animal is a service animal. The only time a service animal can be off the leash, harness, or tether in an area where the animal control laws require that dogs be leashed is when it is necessary to do the work for which the dog was individually trained to assist that person who has a disability. For example, a seizure alert animal may need to go for help if the person has a seizure and, therefore, should not be on a leash. You may ask a person with a disability to remove the service animal from the premises if— (1) The animal is out of control, and the animal's handler does not take effective action to control it (for example, a dog that barks repeatedly during a movie). (2) The animal is not housebroken. What about Safety? Where the service animal would pose a clear, documentable safety issue rely on the applicable laws. 36 CFR .301 (b): A public accommodation (a private business open to the public) may impose legitimate safety requirements that are necessary for safe operation.