Rights for Businesses Regarding Service Dogs

The Americans with Disabilities Act (ADA) extends rights to businesses as well, outlining specific guidelines related to service animals. Businesses are permitted to take necessary precautions to verify that an animal qualifies as a service animal, ensuring compliance with the law. Moreover, the ADA provides businesses with the authority to exclude a service animal under certain conditions. Additionally, businesses have the right to require the removal of a service animal under certain conditions. By clarifying these rights, the ADA aims to create a balance between accommodating individuals with disabilities and maintaining a safe and conducive environment for all patrons.

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 generally 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 for or supervision of a service animal.

This information was taken from www.ada.gov on April 11, 2025. The DOJ encourages the reproduction and use of these materials.