United States — the federal rule at the door

United States · federal law

This is the rule a business open to the public must follow in every state, under the Americans with Disabilities Act. It is what ServDog's door screen shows for a US record, with the law behind each line. It applies whether or not the handler has a ServDog record.

The rule

Individuals with disabilities shall be permitted to be accompanied by their service animals in all areas of a place of public accommodation where members of the public, program participants, clients, customers, patrons, or invitees, as relevant, are allowed to go.

— 28 CFR § 36.302(c)(7). eCFR

Part 36 of the regulations says its purpose "is to implement subtitle A of title III of the Americans with Disabilities Act of 1990" (28 CFR § 36.101(a)).

Who it covers, and who it doesn't

ADA.gov's complaint page describes the businesses a complaint can be made against as "a private business that serves the public", and gives as examples a restaurant, a doctor's office, a shop and a hotel. The rule does not cover everyone:

This part does not apply to any private club (except to the extent that the facilities of the private club are made available to customers or patrons of a place of public accommodation), or to any religious entity or public entity.

— 28 CFR § 36.102(e). eCFR

ADA.gov says the same of places of worship in plain words:

Are churches, temples, synagogues, mosques, and other places of worship required to allow individuals to bring their service animals into the facility?

No. Religious institutions and organizations are specifically exempt from the ADA. However, there may be State laws that apply to religious organizations.

— ADA.gov, service animal FAQ, Q34. ADA.gov

A public entity comes under a different part of the regulations, 28 CFR Part 35. This page does not cover it, except for the complaint time limit below, which § 35.170 sets for "discrimination on the basis of disability by a public entity".

What a business may do

If it is not obvious, ask if it is a service animal the handler needs, and what task it is trained to do.

A public accommodation shall not ask about the nature or extent of a person's disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A public accommodation may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. A public accommodation shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Generally, a public accommodation may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).

— 28 CFR § 36.302(c)(6). eCFR

In situations where it is not obvious that the dog is a service animal, staff may ask only two specific questions: (1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform? Staff are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person's disability.

— ADA.gov, service animal FAQ, Q7. ADA.gov

Ask that the dog leave if it is not housebroken, or out of control and not brought under control.

A public accommodation may ask an individual with a disability to remove a service animal from the premises if: (i) The animal is out of control and the animal's handler does not take effective action to control it; or (ii) The animal is not housebroken.

— 28 CFR § 36.302(c)(2). eCFR

What a business may not do

Require any paperwork, such as a certificate, training papers or a service-animal registration. Section 36.302(c)(6), above, says documentation may not be required, and FAQ Q7 says staff may not request "any documentation for the dog". And:

Covered entities may not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, as a condition for entry.

— ADA.gov, service animal FAQ, Q17.

An entity may not, however, require that a dog be registered as a service animal as a condition of being permitted in public places. This would be a violation of the ADA.

— ADA.gov, service animal FAQ, Q21. ADA.gov

Ordinary dog licensing is different, and still applies:

Mandatory registration of service animals is not permissible under the ADA. However, as stated above, service animals are subject to the same licensing and vaccination rules that are applied to all dogs.

— ADA.gov, service animal FAQ, Q20.

Ask about the handler's health beyond those two questions, or for a demonstration of the task. Section 36.302(c)(6) and FAQ Q7, above: a business "shall not ask about the nature or extent of a person's disability", and may not "require that the dog demonstrate its task". And:

Staff cannot ask about the person's disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.

— ADA.gov, ADA Requirements: Service Animals. ADA.gov

Keep the dog out of the public areas of a food business just because a health code bars animals.

Establishments that sell or prepare food must generally allow service animals in public areas even if state or local health codes prohibit animals on the premises.

— ADA.gov, ADA Requirements: Service Animals. ADA.gov

The line says "a food business" because that sentence is about places that sell or prepare food, and not every health rule gives way:

Are gyms, fitness centers, hotels, or municipalities that have swimming pools required to allow a service animal in the pool with its handler?

No. The ADA does not override public health rules that prohibit dogs in swimming pools. However, service animals must be allowed on the pool deck and in other areas where the public is allowed to go.

— ADA.gov, service animal FAQ, Q33. ADA.gov

Refuse entry or service because someone is allergic to or afraid of dogs.

Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals.

— ADA.gov, ADA Requirements: Service Animals.

Refuse the dog because of assumptions about its breed or how it might behave.

A service animal may not be excluded based on assumptions or stereotypes about the animal's breed or how the animal might behave. However, if a particular service animal behaves in a way that poses a direct threat to the health or safety of others, has a history of such behavior, or is not under the control of the handler, that animal may be excluded. If an animal is excluded for such reasons, staff must still offer their goods or services to the person without the animal present.

— ADA.gov, service animal FAQ, Q23. ADA.gov

Charge a pet fee, or set rules for the handler that people without pets generally don't face.

A public accommodation shall not ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees, or to comply with other requirements generally not applicable to people without pets.

— 28 CFR § 36.302(c)(8), first sentence. The second allows a charge for damage the dog causes, where the business normally charges people for damage. eCFR

Refuse to serve the handler without the dog, after properly asking the dog to leave.

If a public accommodation properly excludes a service animal under § 36.302(c)(2), it shall give the individual with a disability the opportunity to obtain goods, services, and accommodations without having the service animal on the premises.

— 28 CFR § 36.302(c)(3). FAQ Q23, above, says the same.

Where state law comes in

Some State and local laws also define service animal more broadly than the ADA does.

— ADA.gov, ADA Requirements: Service Animals.

This part does not invalidate or limit the remedies, rights, and procedures of any other Federal laws, or State or local laws (including State common law) that provide greater or equal protection for the rights of individuals with disabilities or individuals associated with them.

— 28 CFR § 36.103(c). eCFR

ServDog has not checked any state's law yet. This page is the federal rule only.

Taxis

Not on this page. A taxi comes under the Department of Transportation's rules in 49 CFR Part 37, and ServDog's United States taxi page carries them. The door screen reads that page for a taxi, not this one.

If a business refuses you

ADA.gov's complaint page sends a complaint about a business to the Department of Justice. It sends complaints about air travel, housing and employment to other agencies:

Other Issues

File with Department of Justice, Civil Rights Division

There are two ways to file: online, "by submitting a report on the Department of Justice's Civil Rights Division website", or by post:

Fill out and send the paper ADA Complaint Form (Regular Format | Large Format) or a letter containing the same information, to: U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Washington, DC 20530

The page says the Department's review "can take up to three months", and: "Unfortunately, we cannot investigate every complaint." — ADA.gov, File a Complaint. ADA.gov

Individuals who believe that they have been illegally denied access or service because they use service animals may file a complaint with the U.S. Department of Justice. Individuals also have the right to file a private lawsuit in Federal court charging the entity with discrimination under the ADA.

— ADA.gov, service animal FAQ, Q30.

Time limits for a complaint. Neither ADA.gov's complaint page nor the paper form states a time limit for a complaint about a business. This page says nothing about deadlines for a private lawsuit. The form asks for the date, because "It is important for us to know how recently this incident happened so we can take the appropriate action." For a public entity, such as a state or local government office, the rule is different:

A complaint must be filed not later than 180 days from the date of the alleged discrimination, unless the time for filing is extended by the designated agency for good cause shown.

— 28 CFR § 35.170(b). eCFR

What a ServDog record is, here

Nothing ServDog issues conveys rights. The Department of Justice says of the certificates and registrations sold online:

There are individuals and organizations that sell service animal certification or registration documents online. These documents do not convey any rights under the ADA and the Department of Justice does not recognize them as proof that the dog is a service animal.