Frequently Asked Questions about Service Animals and the ADA
Many people with disabilities use service animals to help them participate fully in everyday life. Dogs can be trained to perform important tasks, such as providing stability for those with mobility issues, picking up items for wheelchair users, preventing children with autism from wandering, or alerting people with hearing impairments to approaching individuals.
The Department of Justice often receives questions about how the ADA applies to service animals. The ADA requires state and local government agencies, businesses, and non-profit organizations to make "reasonable modifications" to their policies, practices, or procedures to accommodate people with disabilities, which includes allowing service animals in their facilities.
FAQ
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What is a service animal?
Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed must be directly related to the person's disability.
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What does "do work or perform tasks" mean?
The dog must be trained to take specific actions to assist the person with a disability. For example, a dog may alert a person with diabetes when their blood sugar levels are abnormal, remind a person with depression to take medication, or help a person with epilepsy during a seizure.
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Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?
No. These animals provide comfort by being with a person but are not trained to perform specific tasks, so they do not qualify as service animals under the ADA. However, some state or local laws may allow emotional support animals in public places.
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If someone's dog calms them during an anxiety attack, does this qualify it as a service animal?
It depends. If the dog is trained to sense an anxiety attack and take specific actions to help avoid or lessen it, it qualifies as a service animal. If it provides comfort by being present, it does not.
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Does the ADA require service animals to be professionally trained?
No. Individuals with disabilities have the right to train their dogs themselves and are not required to use a professional training program.
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Are service-animals-in-training considered service animals under the ADA?
No. The ADA requires the dog to be fully trained before being taken into public places. However, some state or local laws, such as Florida Statute 413.08(8), allow trainers to access public facilities while training service animals.
General Rules
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What questions can employees ask to determine if a dog is a service animal?
Employees may ask: (1) Is the dog a service animal required because of a disability? and (2) What work or task has the dog been trained to perform? They cannot request documentation, require the dog to demonstrate its task, or inquire about the person's disability.
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Do service animals have to wear a vest, patch, or special harness?
No. The ADA does not require service animals to wear any identifying items.
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Who is responsible for the care and supervision of a service animal?
The handler is responsible for the service animal's care and supervision, including toileting, feeding, grooming, and veterinary care. Covered entities are not obligated to care for a service animal.
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Can a person bring a service animal through a salad bar or other self-service food lines?
Yes. Service animals must be allowed to accompany their handlers through self-service food lines and communal food preparation areas.
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Can hotels designate specific rooms for guests with service animals?
No. Guests with disabilities using service animals must have the same opportunity to reserve any available room as other guests.
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Can hotels charge a cleaning fee for guests with service animals?
No. Hotels cannot charge for cleaning hair or dander shed by a service animal. However, they can charge for any damages caused by the service animal.
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Can people bring more than one service animal into a public place?
Generally, yes. People may need multiple service animals for different tasks. However, if accommodating both animals is not possible (e.g., in a small, crowded space), staff may request that one of the animals be left outside.
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Do hospitals have to allow in-patients with disabilities to keep service animals in their rooms?
Generally, yes. Service animals must be allowed in patient rooms and other areas where the public and patients are allowed.
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What if a patient in a hospital cannot care for their service animal?
The patient can arrange for a family member or friend to care for the service animal. If no one is available, the hospital may temporarily place the animal in a boarding facility but must give the patient the opportunity to arrange care first.
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Must a service animal be allowed to ride in an ambulance with its handler?
Generally, yes. However, if the space is too crowded and the dog's presence interferes with emergency medical staff's ability to treat the patient, staff should make other arrangements for the dog's transport.
Certification and Registration
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Does the ADA require service animals to be certified?
No. Documentation proving certification, training, or licensing as a service animal is not required by the ADA.
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Are service animals subject to local dog vaccination requirements?
Yes. Service animals must comply with local animal control and public health requirements.
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Are service animals subject to local dog licensing and registration requirements?
Yes. Service animals must comply with local licensing and registration requirements.
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Can cities require service animals to be registered?
No. Mandatory registration of service animals is not allowed under the ADA.
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Are voluntary registry programs for service animals permitted under the ADA?
Yes. Voluntary registries are allowed and may offer benefits, such as reduced licensing fees. However, registration cannot be a condition for access to public places.
Breeds
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Can service animals be any breed of dog?
Yes. The ADA does not restrict dog breeds.
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Can access to facilities be denied based on a service animal's breed?
No. Denial based on breed is not allowed, though specific animals can be excluded if they pose a direct threat to health or safety.
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Do breed-specific bans apply to service animals?
No. Exceptions must be made for service animals unless the dog poses a direct threat based on its behavior.
Exclusion of Service Animals
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When can service animals be excluded?
If admitting the service animal fundamentally alters the nature of the service or program or poses a legitimate safety concern, it may be excluded.
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Can a service dog's presence fundamentally alter the nature of a service or program?
In most cases, no. Exceptions include specific areas in dormitories or zoos where the presence of a dog would disrupt the environment.
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What does "under control" mean for service animals?
Service animals must be under the handler's control at all times, typically leashed or tethered unless these devices interfere with their work.
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What can staff do if a service animal is disruptive?
Staff may ask that the animal be removed if it is out of control and the handler does not take effective action.
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Can hotel guests leave their service animals in their rooms?
No. Service animals must be under the handler's control at all times.
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What if someone believes they have been discriminated against by staff?
Individuals can file a complaint with the U.S. Department of Justice or a lawsuit in Federal court.
Miscellaneous
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Are stores required to allow service animals in shopping carts?
Generally, no. The dog must stay on the floor or be carried.
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Are restaurants required to allow service animals on chairs or be fed at the table?
No. Service animals must stay on the floor, and food or drink is for customer use only.
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Are swimming pools required to allow service animals in the pool?
No. Public health rules prohibit dogs in pools, but service animals must be allowed on the pool deck.
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Are places of worship required to allow service animals?
No. Religious institutions are exempt from the ADA, but state laws may apply.
However, there are a few important nuances:
Local and State Laws: While the ADA exempts religious institutions, local or state laws may have additional requirements.
Public Funding: If a religious institution receives public funding, they might be required to comply with the ADA.
Voluntary Policies: Some religious institutions might choose to voluntarily comply with ADA guidelines and allow service animals, even though they are not legally obligated to do so under the ADA.
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Do residential properties have to comply with the ADA?
The ADA applies to housing programs administered by state and local governments and places of public accommodation. The Fair Housing Act also applies, requiring reasonable accommodation for service and assistance animals.
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Do Federal agencies have to comply with the ADA?
No. Federal programs and services are covered by Section 504 of the Rehabilitation Act of 1973.
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Do commercial airlines have to comply with the ADA?
No. The Air Carrier Access Act governs the rights of people with disabilities in air travel.
Resources
For more information about the ADA, visit the ADA website or call the ADA Information Line.
ADA Website
www.ADA.gov
ADA Information Line
800-514-0301 (Voice) and 800-514-0383 (TTY)
Operating hours: M-W, F 9:30 a.m. – 5:30 p.m., Th 12:30 p.m. – 5:30 p.m. (Eastern Time) to speak with an ADA Specialist. Calls are confidential.
This guidance document provides informal guidance to help understand the ADA and the Department of Justice's regulations. It does not create legally enforceable responsibilities beyond what is required by applicable laws.