Service Animal Accommodations

To help avoid confusion, read the definitions of service and emotional support animals below:

• What qualifies as a service animal: Under the Americans with Disabilities Act (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 tasks performed must be directly related to the person’s disability. (In some cases, miniature horses are also covered as service animals under the ADA.)
• Emotional support animal (ESA): This is an animal of any type or variety whose sole function is to provide comfort or emotional support. ESAs are not considered service animals under the ADA and organizations are not required to allow ESAs.

Your organization must follow all legal requirements related to permitting and accommodating service animals. These include:

• Reasonable modifications: Organizations are required to make reasonable modifications in policies, practices, or procedures to permit the use of a service animal by an individual with a disability in all areas of the facility where the public is allowed. This modification is required even if the organization has a general policy prohibiting animals. Limitations to this apply only if:
  • The animal poses a direct threat
  • Allowing service animals requires a fundamental alteration
  • The animal is not relief trained
  • The animal is not under the control of the person with the disability
• Training and identification: It is important to remember that the following are NOT required for service animals:
  • Service animals do not have to have a license, paperwork or certificate of any kind.
  • Service animals do not have to be trained by a particular organization or group.
  • Service animals are not required to wear a vest, harness or anything else indicating that they are a service animal.
  • Service animals do not have to be on a leash (as long as they are under the control of the person with a disability).

It is important to establish (and then follow) clear and legally compliant policies and procedures for your staff members whenever they encounter a service animal. These include:

• Permissible questions: When it is not obvious what service an animal provides, staff may ask only two specific questions:
  • Is the dog a service animal required because of a disability?
  • What work or task has the dog been trained to perform?
• Prohibited actions: Staff cannot:
  • Request any sort of documentation for the animal
  • Require that the dog demonstrate its task
  • Inquire about the nature of the person’s disability
• Staff training: Employees should be trained to understand and implement service animal policies effectively, including:
  • Permissible and prohibited actions
  • Respectful and appropriate interactions with individuals accompanied by service animals. These include:
    • Not touching, petting, making excessive eye contact with or speaking directly to service animals
    • Not asking the handler to disclose the name of the service animal
    • Not offering food to the service animal
  • How to mediate concerns regarding service animals in a respectful, non-discriminatory manner
• Emergency situations: Have protocols in place to ensure that service animals are also considered in evacuation plans or emergencies.
• Policy communication: Be sure to clearly communicate service animal policies to all staff and patrons on various communication platforms and materials. It can also be helpful to include your ESA policy. (Visit the Communicating Access Information page of the Hub to learn more.)
• Removal of service animals: Organizations may ask an individual to remove a service animal from the premises if:
  • The animal is out of control and the handler does not take effective action to control it
  • The animal is not relief trained
  • If a service animal is removed, the organization must offer the individual the opportunity to obtain goods, services, or accommodations without the animal.
• Allergy or fear of animals: If a patron or employee expresses an allergy or fear of animals, the organization should make an effort to mediate their fears and allergies, but this does not override the right of a person with a service animal to access the venue.

While not a requirement for most public spaces, providing designated spaces where service animals can relieve themselves (SARAs) can help ensure the comfort and well-being of both the animal and their handler and help communicate that a space is welcoming and accessible for people with disabilities.

When creating or designating a SARA, it can be helpful to consider:

• Indoor vs. outdoor options: While indoor relief areas are preferable, outdoor options may be necessary in certain settings. Outdoor areas should be secure, fenced, and easily accessible.
• Size and capacity: The area should be spacious enough to accommodate a person using a wheelchair handling a service animal on a six-foot leash. In busier locations, the relief area may need to accommodate more than one service animal at a time.
• Amenities: Provide necessary supplies such as waste disposal bags, scoops, and trash receptacles to maintain cleanliness.
• Clear signage: Use prominent signs to direct handlers to the nearest relief area, ensuring ease of access.
• Regular cleaning: Implement a routine cleaning schedule and adequate waste disposal options to maintain hygiene and comfort for service animals.