Is It Legal Where?

Reference · Jurisdiction

US ADA service animal rules for shops, restaurants and hotels

Businesses covered by Title III of the Americans with Disabilities Act generally must allow trained service dogs in public customer areas. When the dog’s role is unclear, staff can ask whether it is required because of a disability and what task it is trained to perform.

Sources checked

Check access, permitted questions and any reason for removalFederal ADA Title III service animal rules by business situation
  1. 01
    Assess public access

    Allow the service dog in the areas where customers normally go. Source 2

  2. 02
    Ask only the permitted questions

    When the task is unclear, ask about disability-related need and the trained task. Source 1

  3. 03
    Apply the conduct rules if needed

    A business can require removal for a dog that is not housebroken or remains out of control. Source 2

The ADA requires public access for qualified service animals in ordinary circumstances. Specific behavior or safety conditions can affect access.

Source 1 Source 2 Source 3

The definition turns on an individually trained task

The Title III rules generally cover dogs trained to do work or perform tasks for a person with a disability. The task must relate to the disability. The Department of Justice explains that a person can train their own dog, and comfort from the animal’s presence alone does not meet the task requirement. Source 1 Source 3 Source 2

Staff can ask two questions when the role is unclear

Staff may ask whether the dog is required because of a disability and what work or task it was trained to do. They cannot require a demonstration, request certification or ask for the nature of the disability. Where the dog’s work is readily apparent, the rules generally do not permit those inquiries. Source 1 Source 2

A business can address specific behavior

A business can ask for the dog to be removed if it is not housebroken, or if it is out of control and the handler does not take effective action. The business must still offer the person the opportunity to obtain its goods or services without the animal. The handler remains responsible for its care and supervision. Source 2 Source 3

Hotels and trained miniature horses have specific provisions

A hotel cannot charge a service animal cleaning fee for hair or dander. Its ordinary actual-damage charge may still apply. The rule also requires reasonable modifications for individually trained miniature horses where appropriate, taking the listed facility and safety factors into account. Source 3 Source 2

Sources

Open the data and source notes