Service Animal Basics: Service Animals Under the ADA

Service Animals under the ADA is the focus of the Pacific ADA Center's Update for March 2022.You can read the Update here. 

The term “service animal," as referenced in the Americans with Disabilities Act (ADA), is defined by the Code of Federal Regulations as “a dog that is individually trained to do work or perform tasks for an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The task(s) performed by the dog must be directly related to the person’s disability.” 28 C.F.R §35.136, 28 C.F.R. §36.104.

Examples of tasks service animals perform:

• Guiding people who are blind
• Alerting people who are deaf
• Pulling a wheelchair
• Calming a person with PTSD
• Reminding a person with mental illness to take prescribed medication
• Alerting and protecting a person who is having a seizure

Under the ADA, service animals must be under the control of the individual by means of a harness, leash, or tether, unless it would interfere with the animal’s ability to work or the individual’s disability prevents using such devices. In such cases, the individual must maintain control through voice, signal, or other effective methods. 28 C.F.R. §35.136(c).

The individual is responsible for the care and supervision of their animal, including toileting, feeding, grooming, and veterinary care. 28 C.F.R. §35.136(e).

Service animals can be asked to leave

Service animals can be excluded if allowing them would fundamentally alter the nature of a service or program. Service animals can be asked to leave when the service animal:

• Is out of control and the individual is not taking corrective action 
• Has not been housebroken

28 C.F.R. §35.136(b).

Under the ADA, public entity staff are permitted to ask the following questions:

1. Is the service animal required because of a disability?
2. What work or task has the dog been trained to perform?

Public entity staff cannot ask about the person’s disability, ask for medical or training documentation, or ask for a demonstration of the dog’s ability to perform the work or task. 28 CFR §35.136(f).

Animals whose sole function is to provide comfort, companionship, therapy, or emotional support are not service animals under the ADA as it applies to entities providing goods and services.

Provisions of the Fair Housing Act (FHA) allow emotional support animals in housing with “no pet” policies on a case-by-case basis on a showing of “reasonableness,” requires evidence of disability, and that the animal’s presence will alleviate the disability. 42 U.S.C. §3601, et seq.

See Assembly Bill (AB) 468 regarding requirements that need to be met for requesting an emotional support animal.