of a facility where the public is
normally allowed. However, when
the service an animal provides is
not obvious, only two questions
are permitted : (1) is the service
animal required because of a
disability, and (2) what work or
task has the service animal been
trained to perform? Staff cannot
ask about the person’s disability,
require medical documentation or
a special identification card or train-
ing documentation for the service
animal, or ask that it demonstrate
its ability to perform its designated
task(s). Allergies or a fear of dogs
are not valid reasons for denying
service or access to people using
service animals.
Under the ADA, service animals
must be harnessed, leashed, or
tethered, unless these devices
interfere with the service animal’s
work or the individual’s disability
prevents using these devices.
Further, it is important to differenti-
ate between the ADA’s definition
of service animals and the broader
definition of “assistance animal”
under the Fair Housing Act or Sec-
tion 504 of the Rehabilitation Act of
1973 or “service animal” under the
Air Carrier Access Act.
Therefore, the next time you see
a pooch with a pouch and a vest,
make sure you keep these tips
handy to ensure you don’t violate
the law or the rights of the disabled.
__________________________
1
https://www.ada.gov/service_ani-
mals_2010.htm (last accessed May
20, 2019)
2
28 CFR § 35.136(i)
3
28 CFR § 35.136(f)
4
42 U.S.C. § 3601 et seq. (2013)
5
29 U.S.C. § 794 (2013)
6
49 U.S.C. § 41705 (2003)
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