Does A Service Dog Have To Be Registered With The Department Of Justice

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Service Animals

The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title Ii (Land and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Annals. These requirements, or rules, contain updated requirements, including the 2010 Standards for Accessible Pattern (2010 Standards).

Overview

This publication provides guidance on the term "service animate being" and the service animal provisions in the Section's regulations.

Showtime on March 15, 2011, only dogs are recognized as service animals under titles Two and Iii of the ADA.
A service creature is a dog that is individually trained to do work or perform tasks for a person with a inability.
Generally, title Two and championship III entities must let service animals to accompany people with disabilities in all areas where members of the public are immune to go.

How "Service Animal" Is Divers

Service animals are defined every bit dogs that are individually trained to exercise work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deafened, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Mail Traumatic Stress Disorder (PTSD) during an anxiety assault, or performing other duties. Service animals are working animals, not pets. The work or chore a dog has been trained to provide must be directly related to the person'south disability. Dogs whose sole function is to provide comfort or emotional support do not qualify equally service animals under the ADA.

This definition does not affect or limit the broader definition of "assistance animal" nether the Fair Housing Act or the broader definition of "service animal" under the Air Carrier Access Human action.

Some State and local laws also define service animal more than broadly than the ADA does. Data near such laws tin be obtained from the relevant Country attorney full general's part.

Where Service Animals Are Allowed

Under the ADA, Country and local governments, businesses, and nonprofit organizations that serve the public more often than not must allow service animals to accompany people with disabilities in all areas of the facility where the public is allowed to go. For example, in a hospital it commonly would be inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias, or examination rooms. However, it may be advisable to exclude a service brute from operating rooms or burn units where the beast's presence may compromise a sterile environment.

Service Animals Must Exist Under Control

A service creature must be under the control of its handler. Under the ADA, service animals must be harnessed, leashed, or tethered, unless the individual'south inability prevents using these devices or these devices interfere with the service animal'southward condom, effective performance of tasks. In that case, the individual must maintain control of the animal through voice, signal, or other constructive controls.

Inquiries, Exclusions, Charges, and Other Specific Rules Related to Service Animals

When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may inquire ii questions: (1) is the dog a service beast required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask almost the person's disability, require medical documentation, crave a special identification card or training documentation for the dog, or ask that the canis familiaris demonstrate its ability to perform the work or job.
Allergies and fear of dogs are not valid reasons for denying admission or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service creature must spend time in the aforementioned room or facility, for example, in a schoolhouse classroom or at a homeless shelter, they both should be accommodated past assigning them, if possible, to unlike locations within the room or unlike rooms in the facility.
A person with a disability cannot be asked to remove his service animal from the bounds unless: (ane) the domestic dog is out of control and the handler does non take effective activity to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the inability the opportunity to obtain goods or services without the creature's presence.
Establishments that sell or set up food must generally allow service animals in public areas even if land or local health codes prohibit animals on the bounds.
People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In improver, if a business requires a eolith or fee to be paid past patrons with pets, it must waive the charge for service animals.
If a concern such equally a hotel normally charges guests for damage that they cause, a client with a disability may also be charged for impairment caused by himself or his service animal.
Staff are not required to provide care for or supervision of a service animal.

Miniature Horses

In addition to the provisions about service dogs, the Department's ADA regulations take a separate provision nigh miniature horses that accept been individually trained to practise work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh betwixt lxx and 100 pounds.) Entities covered by the ADA must change their policies to permit miniature horses where reasonable. The regulations set out 4 cess factors to help entities in determining whether miniature horses can be accommodated in their facility. The assessment factors are (ane) whether the miniature equus caballus is housebroken; (2) whether the miniature horse is nether the possessor's control; (3) whether the facility can accommodate the miniature equus caballus's type, size, and weight; and (4) whether the miniature horse's presence will not compromise legitimate safety requirements necessary for prophylactic operation of the facility.

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Duplication of this document is encouraged.

The Americans with Disabilities Act authorizes the Department of Justice (the Department) to provide technical assistance to individuals and entities that have rights or responsibilities under the Act. This document provides informal guidance to assist you in understanding the ADA and the Department'due south regulations.

This guidance document is not intended to be a final agency action, has no legally binding effect, and may be rescinded or modified in the Section'south complete discretion, in accordance with applicative laws. The Section's guidance documents, including this guidance, do not establish legally enforceable responsibilities beyond what is required by the terms of the applicable statutes, regulations, or binding judicial precedent.

Originally issued: July 12, 2011

Last updated: February 24, 2020