FAQ

General

  • What do I do if I encounter an ADA access challenge?
    • If you have further questions about service animals or other requirements of the ADA, you may call the U.S. Department of Justice’s toll-free ADA Information Line at 800-514-0301 (voice) or 800-514-0383 (TDD).
  • What is a Service Dog?
    • A service dog is a type of assistance dog specifically trained to help people who have disabilities, The work or task a dog has been trained to provide must be directly related to the person’s disability.
  • Am I a good fit for StLHuggs’ training program?
    • We are an owner trained service dog program. Our training program guides you through the process of training your dog to be a service dog. If you are unable or unwilling to attend training classes, travel to events and follow the program, we are not the group for you. There are plenty of Service Dog Programs that provide you with a fully trained Service Dog.
  • What Breeds can be service dogs?
    • Desirable character traits in service animals typically include good temperament or psychological make-up (including biddability and trainability) and good health (including physical structure and stamina).
    • Labrador Retrievers, German Shepherds, and Golden Retrievers are the most common breeds used as service dogs, but any breed or a mix of breeds is capable of being a service dog, though few dogs have all of the health and temperament qualities needed.
  • Are fake service dogs harmful?
    • Fake service dogs are a growing problem and are causing major access issues for trained service dog teams.
    • Every time a fake service dog or their owners act unprofessionally in a public place, it taints the public opinion. This places an additional hardship on real service dog teams.

Service Animals in Places of Business

The following answers are provided by the U.S. Department of Justice, Civil Rights Division, Disability Rights Section website.

  • What are the laws that apply to my business?
    • Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed.
  • How can I tell if an animal is really a service animal and not just a pet?
    • Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability. However, an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability. Therefore, such documentation generally may not be required as a condition for providing service to an individual accompanied by a service animal. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability.
  • What must I do when an individual with a service animal comes into my business?
    • The service animal must be permitted to accompany the individual with a disability to all areas of the facility where customers are normally allowed to go. An individual with a service animal may not be segregated from other customers.
  • I have always had a clearly posted “no pets” policy at my establishment. Do I still have to allow service animals in?
    • Yes. A service animal is not a pet. The ADA requires you to modify your “no pets” policy to allow the use of a service animal by a person with a disability. This does not mean you must abandon your “no pets” policy altogether but simply that you must make an exception to your general rule for service animals.
  • My county health department has told me that only a guide dog has to be admitted. If I follow those regulations, am I violating the ADA?
    • Yes, if you refuse to admit any other type of service animal on the basis of local health department regulations or other state or local laws. The ADA provides greater protection for individuals with disabilities, and so it takes priority over the local or state laws or regulations.
  • Can I charge a maintenance or cleaning fee for customers who bring service animals into my business?
    • No. Neither a deposit nor a surcharge may be imposed on an individual with a disability as a condition to allowing a service animal to accompany the individual with a disability, even if deposits are routinely required for pets. However, a public accommodation may charge its customers with disabilities if a service animal causes damage so long as it is the regular practice of the entity to charge non-disabled customers for the same types of damages. For example, a hotel can charge a guest with a disability for the cost of repairing or cleaning furniture damaged by a service animal if it is the hotel’s policy to charge when non-disabled guests cause such damage.
  • I operate a private taxicab, and I don’t want animals in my taxi; they smell, shed hair and sometimes have “accidents.” Am I violating the ADA if I refuse to pick up someone with a service animal?
    • Yes. Taxicab companies may not refuse to provide services to individuals with disabilities. Private taxicab companies are also prohibited from charging higher fares or fees for transporting individuals with disabilities and their service animals than they charge to other persons for the same or equivalent service.
  • Am I responsible for the animal while the person with a disability is in my business?
    • No. The care or supervision of a service animal is solely the responsibility of his or her owner. You are not required to provide care or food or a special location for the animal.
  • What if a service animal barks or growls at other people, or otherwise acts out of control?
    • You may exclude any animal, including a service animal, from your facility when that animal’s behavior poses a direct threat to the health or safety of others. For example, any service animal that displays vicious behavior towards other guests or customers may be excluded. You may not make assumptions, however, about how a particular animal is likely to behave based on your past experience with other animals. Each situation must be considered individually. Although a public accommodation may exclude any service animal that is out of control, it should give the individual with a disability who uses the service animal the option of continuing to enjoy its goods and services without having the service animal on the premises.
  • Can I exclude an animal that doesn’t really seem dangerous but is disruptive to my business?
    • There may be a few circumstances when a public accommodation is not required to accommodate a service animal–that is when doing so would result in a fundamental alteration to the nature of the business. Generally, this is not likely to occur in restaurants, hotels, retail stores, theaters, concert halls, and sports facilities. But when it does, for example, when a dog barks during a movie, the animal can be excluded.