U.S. Department of Justice
Civil Rights Division
Disability Rights Section

Service Animals

The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, clarify and refine issues that have arisen over the past 20 years and contain new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards).

Overview

This publication provides guidance on the term “service animal” and the service animal provisions in the Department’s new regulations.

Beginning on March 15, 2011, only dogs are recognized as service animals under titles II and III of the ADA.

A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability.

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 dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

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.

Some State and local laws also define service animal more broadly than the ADA does. Information about such laws can be obtained from the State Attorney General’s office.

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 normally allowed to go. For example, in a hospital it 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

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. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.

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: (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence.
• Establishments that sell or prepare food must 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 or food for a service animal.

West's Vermont Statutes Annotated. Title Thirteen. Crimes and Criminal Procedure. Part 1. Crimes. Chapter 8. Humane and Proper Treatment of Animals. Subchapter 1. Cruelty to Animals § 355 .

Interference with or cruelty to a guide dog

Definitions~~~

Under Subchapter 1, Cruelty to Animals:

“Guide dog” means a dog, whose status is reasonably identifiable individually trained to do work or perform tasks for the benefit of an individual with a disability for purposes of guiding an individual with impaired vision, alerting an individual with impaired hearing to the presence of people or sounds, assisting an individual during a seizure, pulling a wheelchair, retrieving items, providing physical support and assistance with balance and stability, and assisting with navigation.

13 V.S.A. § 355  

Accommodation Law

Public accommodations law:

An owner or operator of a place of public accommodation or his or her employee or agent shall not prohibit from entering a place of public accommodation: An individual with a disability accompanied by a service animal.

An individual who is training an animal to perform as a service animal for an individual with a disability

9 V.S.A. § 4502

Unfair housing practices:

It shall be unlawful for any person to discriminate in the sale or rental of a dwelling because a person relies upon aids such as attendants, specially trained animals, wheelchairs, or similar appliances or devices but the owner shall not be required to modify or alter the building in any way in order to comply with this chapter.

9 V.S.A. § 4503

Civil action:

A person aggrieved by a violation of this chapter may file a charge of discrimination with the human rights commission or may bring an action for injunctive relief and compensatory and punitive damages and any other appropriate relief.

9 V.S.A. § 4506

Criminal penalty:

A person who violates a provision of this chapter shall be fined not more than $1,000.00.

9 V.S.A. § 4507       

Harassment of/Interference with Service Dogs

Cause death to or injure guide dog:

No person shall recklessly injure or cause the death of a guide dog, or recklessly permit a dog he or she owns or has custody of to injure or cause the death of a guide dog. A person who violates this subsection shall be imprisoned not more than two years or fined not more than $3,000.00, or both.

Interference with guide dog after notice:

No person who has received notice or has knowledge that his or her behavior, or the behavior of a dog he or she owns or has custody of; is interfering with the use of a guide dog shall recklessly continue to interfere with the use of a guide dog, or recklessly allow the dog he or she owns or has custody of to continue to interfere with the use of a guide dog, by obstructing, intimidating, or otherwise jeopardizing the safety of the guide dog user or his or her guide dog. A person who violates this subsection shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

Interference with guide dog:

No person shall recklessly interfere with the use of a guide dog, or recklessly permit a dog he or she owns or has custody of to interfere with a guide dog, by obstructing, intimidating, or otherwise jeopardizing the safety of the guide dog user or his or her guide dog. A person who violates this subsection commits a civil offense and shall be:

(1) for a first offense, fined not more than $100.00.

(2) for a second or subsequent offense, fined not more than $250.00.

13 V.S.A. § 355

Driving Law:        

Whenever a pedestrian is crossing or attempting to cross a public street or highway, guided by a guide dog, drivers approaching intersection or crossing place must bring vehicles to a full stop before arriving, and before proceeding must take necessary precautions to avoid injuring the pedestrian.

23 V.S.A. § 1057

New York State Animal Assistance Laws

Under Article 7 - Licensing, Identification and Control of Dogs

§ 108. Definitions~~~

“Service dog” means any dog that has been or is being individually trained to do work or perform tasks for the benefit of a person with a disability, provided that the dog is or will be owned by such person or that person's parent, guardian or other legal representative.

McKinney's Agriculture and Markets Law § 108(22)

§ 123-b. Offenses against service animals and handlers:

“Service animal” shall mean any animal that has been partnered with a person who has a disability and has been trained or is being trained, by a qualified person, to aid or guide a person with a disability.

McKinney's Agriculture and Markets Law § 123-b

Under Article 4-B - Rights of Persons with a Disability:

The term “guide dog”, “hearing dog” or “service dog” shall mean a dog which is properly harnessed and has been or is being trained by a qualified person, to aid and guide a person with a disability.

McKinney's Civil Rights Law § 47-b

Under Article 242 - Offenses Against Service Animals and Handlers:

“Service animal” shall mean any animal that has been partnered with a person who has a disability and has been trained or is being trained, by a qualified person, to aid or guide a person with a disability.

McKinney's Penal Law § 242.00

No person shall be denied admittance to and/or the equal use of and enjoyment of any public facility solely because said person is a person with a disability and is accompanied by a guide dog, hearing dog or service dog.

Persons qualified to train dogs to aid and guide persons with a disability, while engaged in such training activities, shall have the same rights and privileges set forth for persons with a disability in this article.

McKinney's Civil Rights Law § 47-b

All common and contract carriers of passengers by motor vehicle shall permit a guide dog, hearing dog or service dog properly harnessed, accompanying a person with a disability.

McKinney's Transportation Law § 147

Animal interfering with/harming service animal:

It shall be a violation for the owner or custodian of any dog to fail to exercise due diligence in handling his or her dog if the handling results in harm to another dog that is a guide, hearing or service dog.

McKinney's Agriculture and Markets Law § 118

Any person who owns an animal or possesses control of such animal and who, through any act or omission, recklessly permits his or her animal to interfere with the proper working of a service animal, exposing the handler and service animal to danger or resulting in injury or death of the service animal shall be subject to a civil penalty not to exceed $1,000 in addition to any other applicable penalties.

If previous incident, guilty of a violation punishable by a fine of not more than $2,000 or by a period of imprisonment not to exceed 15 days, or by both such fine and imprisonment in addition to any other applicable penalties.

Service animal handler also has right to pursue any and all civil remedies available to recover damages for medical and veterinary expenses, rehabilitation or replacement of the service animal, and lost wages, transportation expenses or other expenses directly related to the temporary or permanent loss of the service animal.

McKinney's Agriculture and Markets Law § 123-b

Person interfering with, harassing, or harming service animal:

A person is guilty of interference, harassment or intimidation of a service animal when he or she commits an act with intent to and which does make it impractical, dangerous or impossible for a service animal to perform its assigned responsibilities of assisting a person with a disability.

Class B misdemeanor

McKinney's Penal Law § 242.05

Harming a service animal in the second degree:

A person is guilty of harming a service animal in the second degree when, with the intent to do so, he or she causes physical injury, or causes such injury that results in the death, of a service animal.

Class A misdemeanor

McKinney's Penal Law § 242.10

Harming a service animal in the first degree:

A person is guilty of harming a service animal in the first degree when, he or she commits the crime of harming a service animal in the second degree, and has been convicted of harming a service animal in the first or second degree within the prior 5 years.

Class E felony

McKinney's Penal Law § 242.15

Every driver of a vehicle approaching an intersection or crosswalk shall yield the right of way to a pedestrian crossing or attempting to cross the roadway when such pedestrian is accompanied by a guide dog.

McKinney's Vehicle and Traffic Law § 1153

Municipalities may exempt from their licensing fees any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog. Each copy of any license for such dogs shall be conspicuously marked “Guide Dog”, “Hearing Dog”, “Service Dog”, “Working Search Dog”, “War Dog”, “Detection Dog”, “Police Work Dog”, or “Therapy Dog”, as may be appropriate, by the clerk or authorized dog control officer.

McKinney's Agriculture and Markets Law § 110

It shall be a violation for any person to knowingly affix to any dog any false or improper identification tag, special identification tag for identifying guide, service or hearing dogs or purebred license tag.

McKinney's Agriculture and Markets Law § 118

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