Is It Illegal To Ask If An Animal Is A Service Animal

Is It Legal to Ask for Service Dog Papers?

service dog

The quick answer is no. According to the ADA, employees at a business "are not allowed to request whatever documentation" for a service domestic dog.

The American Inability Human action (ADA) prohibits both public and individual businesses from discriminating confronting people with disabilities. In so doing, these businesses are required to permit people with disabilities to bring their service animals onto their premises wherever customers are allowed to become. Sometimes it is confusing if an animal is a pet or a service dog, and a business owner may wish to ask for documentation establishing that it is, indeed, a service dog. Is this legal? Absolutely. But that won't always help.

No Papers, No Problem

It'south easy for business owners and patrons akin to be confused regarding an brute's "service" status, particularly at businesses that accept clear "No Pets" policies. After all, some, but not all, service animals wearable special collars, harasses, or vests. Some, but not all, are licensed or certified, and really take certification papers.

Y'all tin legally ask if the animal is a service dog animal required because of a disability. However, since certification isn't necessary for an brute to exist a service animal, papers cannot be a condition for assuasive the brute in. And in case you were wondering, disabled people are non required to deport documentation of their medical conditions or disabilities. And so although information technology is legal to enquire for service dog papers, it really doesn't affair.

Note, nonetheless, that service animals are not pets. Businesses are not required to abandon their "No Pets" policy. But they must make exceptions for service animals.

No Service, Large Problem

If a business refuses to admit a service fauna for no justifiable reason, the business is in clear violation of the ADA. Justifiable reasons include:

The brute'due south behavior poses a directly threat to the health or prophylactic of others
Allowing a service animal in the business results in a fundamental alteration to the nature of the concern (such every bit a barking dog in a movie)

Local and land health department regulations are trumped by the ADA, a federal police force. So unless the brute is disrupting the establishment's business organisation, or it is acting aggressively, businesses must allow the service animal and its owner into whatsoever area of the business organization premise that other patrons tin can be, without charging any extra fees.

Refusing to allow access to a service fauna can be an expensive fault. Parkchester South Condominium, Inc, owner of a condo circuitous in New York City, had its security guard issue a 30 year resident a citation for owning a service canis familiaris, violating the ADA. In a settlement agreement, Parkchester paid the tenant $15,000 for emotional distress, the city $81,250 in penalties for willful violations of the NYC Human Rights Law, and a penalty of $10,000 for breaching a prior settlement agreement for a like case.

If yous experience that having a service animal in your establishment fundamentally alters your business, contact a local government agencies and programs lawyer, who can determine the legality of your belief earlier any expensive fines mountain.

Editor's note, Sept. 2018: This commodity originally referenced outdated information by the ADA. It has since been updated to reflect the most contempo ADA guidelines.

Related Resources:

Find a Authorities Agencies and Programs Lawyer Well-nigh Y'all (FindLaw's Lawyer Directory)
A Business organization Possessor's Guide to Service Dogs (FindLaw Free Enterprise)
Fake 'Service Dogs' Unleash Abuse past Non-Disabled New Yorkers (FindLaw Legally Weird)

Source: https://www.findlaw.com/legalblogs/small-business/is-it-legal-to-ask-for-service-dog-papers/

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