What is a Service Animal? Definition and Legal Rights Under the ADA
The Americans with Disabilities Act (ADA) defines a service animal as “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability” (28 CFR § 36.104).
Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, 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 Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. The work or task a dog has been trained to provide must be directly related to the person’s disability.
It is important to note that service animals are not pets. As such, policies that apply to pets do not apply to service animals.
Service Animals Must Be Under Control
Under the ADA, service animals must be kept under the handler’s direct control at all times. This means the animal should be on a leash or tether unless such a restraint would interfere with the tasks or work the animal is trained to perform (28 CFR § 36.302(c)(4)).
Where Service Animals Are Allowed
Additionally, places of public accommodation, such as restaurants, hotels, and stores, may not restrict an individual with a service animal from any area where other guests are generally allowed to go (28 CFR § 36.302(c)(7)).
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
