It has come to our attention that there may be some businesses that are not familiar with the legal protection for people with disabilities who have service animals by the ADA (Americans with Disabilities Act). The Human Rights Commission of Muncie is reaching out to educate area businesses on the correct procedures in addressing an individual who comes to your business with a service animal.
How 'service animal' is defined
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. Service animals are working animals, not pets.
The work or task a service animal has been trained to provide must be directly related to the person's disability. Neither the ADA nor Indiana's service animal laws include pets or what some people call "emotional support animals," animals that provide a sense of safety, companionship and comfort to those with psychiatric or emotional disabilities or conditions.
This definition does not affect or limit the broader definition of "assistance animal" under the Fair Housing Act or the broader definition of "service animal" under the Air Carrier Access Act.
Where service animals are allowed
Under the ADA, state and local governments, businesses and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is allowed to go. For example, in a hospital it usually would be inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias or examination rooms. However, it may be appropriate to exclude a service animal from operating rooms or burn units where the animal's presence may compromise a sterile environment.
Service animals must be under control
A service animal must be under the control of its handler. Under the ADA, service animals must be harnessed, leashed or tethered, unless the individual's disability prevents using these devices or these devices interfere with the service animal's safe, effective performance of tasks; however, there are instances where an animal must be off-leash to perform its job duty, but may be leashed at other times. Under control also means that the person may use voice, signal or other effective means to maintain control of the animal.
Inquiries, exclusions, charges and other specific rules related to service animals
When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two 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 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.
Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.
A person with a disability cannot be asked to remove his service animal from the premises unless:
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. People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals.
If a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may also be charged for damage caused by himself or his service animal. Staff are not required to provide care for or supervise of a service animal.
How 'service animal' is defined
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. Service animals are working animals, not pets.
The work or task a service animal has been trained to provide must be directly related to the person's disability. Neither the ADA nor Indiana's service animal laws include pets or what some people call "emotional support animals," animals that provide a sense of safety, companionship and comfort to those with psychiatric or emotional disabilities or conditions.
This definition does not affect or limit the broader definition of "assistance animal" under the Fair Housing Act or the broader definition of "service animal" under the Air Carrier Access Act.
Where service animals are allowed
Under the ADA, state and local governments, businesses and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is allowed to go. For example, in a hospital it usually would be inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias or examination rooms. However, it may be appropriate to exclude a service animal from operating rooms or burn units where the animal's presence may compromise a sterile environment.
Service animals must be under control
A service animal must be under the control of its handler. Under the ADA, service animals must be harnessed, leashed or tethered, unless the individual's disability prevents using these devices or these devices interfere with the service animal's safe, effective performance of tasks; however, there are instances where an animal must be off-leash to perform its job duty, but may be leashed at other times. Under control also means that the person may use voice, signal or other effective means to maintain control of the animal.
Inquiries, exclusions, charges and other specific rules related to service animals
When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two 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 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.
Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.
A person with a disability cannot be asked to remove his service animal from the premises unless:
- The dog is out of control and the handler does not take effective action to control it, or
- The dog is not housebroken.
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. People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals.
If a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may also be charged for damage caused by himself or his service animal. Staff are not required to provide care for or supervise of a service animal.
What counts as a service animal and how businesses must treat them under ADA rules
The Human Rights Commission of Muncie offers clarification and resources related to service animal designations and rules.
www.thestarpress.com
