Exploring the Federal Legislation Governing Service Animals- Identifying the Key Law

Which federal law addresses service animals?

The United States has specific federal laws that protect the rights of individuals with disabilities and their service animals. One of the most significant laws is the Americans with Disabilities Act (ADA), which was enacted in 1990. This law ensures that individuals with disabilities have equal access to public accommodations, employment, transportation, and state and local government services. Within the ADA, there are provisions that specifically address the rights of individuals to be accompanied by their service animals in various settings.

The Americans with Disabilities Act (ADA) Title III

Title III of the ADA is the section that addresses public accommodations and commercial facilities. Under this title, businesses and organizations must allow individuals with disabilities to be accompanied by their service animals in all areas of the facility where customers are normally allowed to go. This includes restaurants, hotels, theaters, stores, and other public places.

Service animals are defined under the ADA as dogs that are individually trained to do work or perform tasks for people with disabilities. This definition also includes miniature horses that have been individually trained to do work or perform tasks for people with disabilities. The tasks performed by service animals must be directly related to the person’s disability.

Rights and Responsibilities

Under the ADA, individuals with disabilities have the right to be accompanied by their service animals in public places. However, there are certain responsibilities that both individuals with disabilities and service animals must adhere to:

1. Individuals with disabilities must have a disability-related need for their service animal.
2. Service animals must be under the control of their handlers at all times.
3. Service animals must be housebroken and not pose a direct threat to the health and safety of others.
4. Service animals are not allowed in areas that are posted “no pets” unless the animal is excluded due to health or safety reasons.

Exclusions

While service animals are generally allowed in public places, there are certain exceptions. Service animals may be excluded if they are out of control and their handler does not take effective action to control them, or if they are not housebroken. Additionally, service animals may be excluded from certain areas, such as food preparation areas, due to health and safety concerns.

Enforcement

The U.S. Department of Justice enforces the ADA, and individuals who believe their rights have been violated may file a complaint with the department. The department investigates complaints and may take legal action if necessary.

In conclusion, the Americans with Disabilities Act (ADA) is the federal law that addresses service animals. This law ensures that individuals with disabilities have the right to be accompanied by their service animals in public places, while also establishing certain responsibilities and exclusions to maintain the safety and well-being of all individuals.