Vaccinations as a Condition of Access
…businesses and public accommodations shall not require documentation as a condition for entry, including proof of vaccinations or training (28 CFR § 36.302(c)(6)). The use of the phrase “shall not” makes it mandatory—there is no discretion in this requirement.
Under the Americans with Disabilities Act (ADA), service animals are allowed access to public places without the need for additional documentation, including proof of vaccinations. The Department of Justice (DOJ) has issued clear guidance on this matter, emphasizing that businesses and public accommodations shall not require documentation as a condition for entry, including proof of vaccinations or training (28 CFR § 36.302(c)(6)). The use of the phrase “shall not” makes it mandatory—there is no discretion in this requirement.
Extra Fees or Conditions for Service Animals
Even if a fee or additional requirement is imposed for pets, it cannot be applied to service animals.
This regulation also applies to policies requiring extra fees or conditions for service animals. For example, in cases like United States v. Claremore VFW Post and United States v. Delran Township School District, the DOJ affirmed that service animals should not be subject to additional charges or service conditions that would not apply to other animals. Even if a fee or additional requirement is imposed for pets, it cannot be applied to service animals.
While businesses may set health and safety requirements for animals in public spaces, service animals cannot be excluded or subject to extra requirements solely due to lack of vaccination documentation. This ensures that individuals with disabilities using service animals can fully participate in public life without unnecessary barriers or discrimination.
Some public accommodations have asserted that the DOJ does not exempt service animals from municipal registrations or vaccination requirements and, as such, they have the right to ask for such proof; however, the Department of Justice’s guidance is not intended for public accommodations to be the enforcement agency for these requirements. Since the requirement to produce vaccination records would violate the implementing regulation prohibition of documentation while imposing an additional condition of service, a place of public accommodation cannot require vaccination records as a condition of access.
Ultimately, while vaccination is important for public health, requiring documentation for access to public spaces goes against ADA protections for individuals with disabilities. It’s crucial that businesses and establishments understand these rights and comply with the law, ensuring service animals can accompany their handlers freely and without undue hurdles.
This ensures that individuals with disabilities have equal access to public spaces and services, just like other patrons.
For further information on the definition and regulations surrounding service animals, you can visit the official ADA website or access the full text of the implementing regulations:
28 CFR § 36.302 - Modifications in policies, practices, or procedures
This ensures that people with disabilities are not excluded from enjoying public accommodations simply because they rely on a service animal to aid in their daily lives.
Resources: ADA Requirements: Service Animals | Advocates for Service Animal Partners | Code of Federal Regulations
