Americans with Disabilities Act 
Service Animals

ADA Obligations of
 
Title II State/Local Government  
(Services to the public)
&
Title III Public Accommodations 
(Business and non-profits customer access)

Author of Presentation and Presenter
Julie Ballinger, Southwest ADA Center Regional Affiliate
505.797.8612    julieb4@flash.net

1333 Moursund Street, Houston, TX 77030
SouthwestADA.org     1-800-949-4ADA

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CONTENTS
•	Service animal definition and allowed inquiries
•	 When a service animal can be excluded
•	Under the handler’s control and other important provisions
•	Harnesses & certification are not required
•	Emotional support/therapy dogs are not covered
•	New Mexico Service Animal Act
•	Who uses service animals
•	Guidance documents

An ADA service animal is
a dog that is individually trained to do work or perform tasks for that individual with a disability. The dog must engage in recognition and response and clearly has been trained to do this.
•	The task(s) performed by the dog must be directly related to the person’s disability.
•	Only 2 inquires allowed if need is NOT apparent:
1) is the animal required because of a disability? 
2) what work or task has the animal been trained to perform?
Do not inquire about disability nor request a task demonstration.
NOTES:
Notice that the emphasis here is that the service animal is INDIVIDUALLY trained to perform tasks for the specific individual who uses the service animal.  
Only 2 inquiries are allowed if the need for the service animal is NOT apparent. For example, if a person who is blind is clearly using a guide dog then the 2 inquiries are NOT allowed because the need for the service animal is obvious.

However, if an individual who, for example, walks in with a dog, and the need for a service animal is not clear at all, then in order to be able to verify that the animal fits the ADA definition of a service dog and therefore is protected under the ADA, you may ask the two questions of 
1. Is the animal required because of a disability?  Or is this a service animal?
2. What work or task has the animal been trained to perform specifically for you?
Make sure NOT to ask anything about the person’s disability.  
Also, all you can do is ask what tasks the animal has been trained to perform specifically for that person due to disability. You can NOT ask for a task demonstration.

Miniature Horse
•	Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. 
•	The breed miniature horse must be individually trained to do work or perform tasks for the person with a disability. 
The Department of Justice regulations set out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility. 
(1) whether the miniature horse is housebroken; 
(2) whether the miniature horse is under the owner’s control; 
(3) whether the facility can accommodate the horse’s type, size, and weight; and
(4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.

Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds (equal to the size of a medium to large dog). One of the reasons that the bred of miniature horse is allowed is the horse can be trained to do anything a dog can do. Plus, unmatched to dogs, they can provide up to 20 or more years of service. 

A service animal can be excluded under two conditions
1. The animal is out of control and the handler does not take effective action to control it.
2. The animal is not housebroken. 
The handler should be given the opportunity to participate without the animal.
NOTES:
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.

There may be a few other circumstances where you are not required to accommodate a service animal. The term “disruptive” behavior means that the animal is continually and truly unruly and disorderly. Some whimpering or a little barking would not be considered disruptive. A dog that takes a while to “settle” in by scratching the floor to lay down would not be considered disruptive. A dog that is a little excited or somewhat playful with its handler would not be considered disruptive.  

A unleashed “service animal” allowed to run freely throughout a facility would be considered disruptive. A animal that is allowed to continually touch others with their paws or noses could be considered disruptive. Uncontrolled barking, jumping on other people, or running away from the handler are examples of unacceptable behavior for a service animal. IMPROTANT - Observe though, that if the dog is constantly barking make sure it is not doing a task such as warning the handler that her blood sugar is dangerously low or the handler is about to have a seizure.
 
Note that the key here is that if the dog, for whatever reason, becomes disruptive and the handler immediately brings it back under control then the dog cannot be excluded.
Although a public entity may exclude any service animal that is out of control, make sure to give the individual with a disability who uses the service animal the option of staying without having the service animal on the premises.

Other circumstances where you are not required to accommodate a service animal would be when doing so it would result in a fundamental alteration to the nature of the business. Generally, this is not likely to occur in most situations. But when it does, for example, when a dog continually barks during a movie, the animal can be excluded.
The animal should be vaccinated in accordance with state and local laws.

The dog MUST be harnessed, leashed or otherwise tethered
Only 2 EXCEPTIONS to this rule
1. If handler is unable to use these because of disability
2. Because it would interfere with the safe and effective performance of work or tasks.
 However, the animal must otherwise be under the handler’s control (such as with voice control, signals, or other effective means).
NOTES:
This very important to note again. Only the animals that fall under the 2 EXCEPTIONS don’t have to be leased, OTHERWISE the service animal must be leashed or harnessed.

Other Provisions to Know 
•	Covered entities are not responsible for the care or supervision of a service animal. 
•	Service animals may go anywhere that their handler is allowed to go.
•	Pet fees or surcharges are not allowed that are not applicable to individuals without pets 
•	Can entities ask the handler to pay for any damages a service animal makes? YES!
NOTES:
There may be a few exceptions where a program would be responsible to making sure the service animal is properly cared for. An example could be a County jail that incarcerates an individual with a disability who is accompanied by their ADA service animal.

No ID Required 
No Comfort Animals
•	A service animal harness is NOT required.
•	A service animal certification is NOT required.
•	Comfort or therapy animals are NOT protected under the ADA.
•	A comfort or therapy animal is passive and does NOT do any specific tasks for the disabled handler.
NOTES:
The ADA does not require service animals to wear a vest, ID tag, or specific harness. As a matter of fact, trying to identify a dog as a service animal because it wears a special harness or vest is a waste of time! There is a whole internet cottage industry that targets pet owners to buy a “special vest” that has the label of “service animal” so that these pet owners can scam the law by deceiving others and can take their dogs to places that pet dogs would not normally be allowed.  
Unfortunately, there are people who are more than willing to lie and swindle the CIVIL RIGHTS of others’ simply because they want their pet to accompany them everywhere. This behavior has grave consequences for legitimate ADA service animal users in that they often face resistance and harassment from entities who just know that most quote “service animals” (which are just actually pets misrepresented as service animals) tend to be out of control.  

Regarding the certification of a service animal - people with disabilities have the right to train the dog themselves and are not required to use a professional service dog training program. Therefore, a training certification is not required. Plus, it is very easy to get a fake service animal certification on the internet.

Comfort or emotional support animals are passive animals and provide comfort just by being with a person. Because they have NOT been trained to perform a specific job or task, they do not qualify as service animals under the ADA.  For example, an individual comes into the Motor Vehicle Division office or a clothing store with a dog. The need for a service animal is not readily obvious so you ask the 2 allowed questions of:

1.	Is the animal required because of a disability?  Or is this a service animal?

2.	What work or task has the animal been trained to perform?

Answer 1
Yes, this is a service animal and when I get really anxious my dog paws me and gets into my lap.
This would be a service animal because it has been trained to do specific behaviors or tasks of pawing and getting into the handler’s lap - tasks that are directly related to the person’s disability. 
Answer 2
Yes, this is a service animal and when I get really anxious the dog calms me down.
Repeat question: What task(s) does the dog do for you though?
Answer: Having the dog with me calms me down. 
This animal does NOT qualify under the ADA as a service animal because it is passive and does NOT perform individual tasks for that specific person. Therefore, it would NOT be protected under the ADA.
Remember, the individual with the disability does NOT have to identify their disability.

Always Check Your Local and State Laws 
For Example: New Mexico Service Animal Act
28-11-3 NMSA 1978
Passed in 2013 and reflects the provisions of the ADA and also includes ADDITIONAL regulations: 
•	The law allows in-training service animals by training organizations or an individual trainer in any building open to the public
•	Violation of this law is a misdemeanor. Fines can be up to $1,000.00, or a year in jail, or both
•	Being deceitful that a pet is a service dog is a misdemeanor
NOTES:
The way that the ADA works with other laws is that when a State law or local ordinance is MORE stringent than the ADA then this law or local ordinance is enforceable above the ADA.
If a State law or local ordinance is LESS stringent then the ADA trumps!
The New Mexico Service Animal Act is MORE stringent than the ADA. The State law has everything that the ADA has regarding service animals PLUS the additional stated requirements. 
    
Who uses Service Animals? 
For example, individuals who
•	are blind or have low vision use dogs to guide and assist them with orientation. 
•	are deaf use dogs to alert them to sounds. 
•	have mobility disabilities can use dogs to pull their wheelchairs or retrieve items. 
•	have epilepsy may use a dog to warn them of an imminent seizure.
•	have psychiatric disabilities may use a dog to remind them to take medication. 
•	are service members returning from war with new disabilities are increasingly using service animals to assist them with activities of daily living as they reenter civilian life. 
Service dogs come in all sizes and breeds!
Horses must be Miniature breed.
NOTES:
Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself and promote independence in the home and community.

Resource Guidance
Frequently Asked Questions about Service Animals and the ADA 
(Dept. Of Justice publication at www.ada.gov)
www.ada.gov/regs2010/service_animal_qa.pdf 
  
Service Animal and Emotional Support Animals. Where are they allowed and under what conditions?
http://adata.org/publication/service-animals-booklet  

Disclaimer	
As with any civil rights law, how the ADA is interpreted and applied is largely influenced by court case decisions. The content is based on the latest technical assistance from the Dept. of Justice & court case decisions in the year 2018. The information herein is intended solely as informal guidance and is neither a determination of your legal rights or responsibilities under the Act, nor binding on any agency with enforcement responsibility under the ADA.