Places of Public Accommodation

Service and Therapy Dog Consultant

(Title III obligations) Federal Laws
As stated in the ADA and ADAAA includes access to Hospitals, visitors & patients

Federal Agencies and Buildings
ADA does NOT apply to Federal Buildings or Agencies
Rehabilitation Act section #504
41st Code of Federal Regulations (CFR) 101-20.311

Housing

HUD Fair Housing is Federal Law and covers all housing with the EXCEPTIONS LISTED BELOW (an anti-discrimination law)
Service Dogs and Emotional Support and Companion Animals are covered in housing
Proof of disability legally can be asked for in housing

The Exceptions Include

  • Buildings with four or fewer units where the landlord lives in one of the units, and
  • Private owners who do not own more than three single-family houses, do not use real estate brokers or agents and do not use discriminatory advertisements

California State Laws

  • Service Dogs and Service Dogs in training
  • California: Civil codes Penal codes (365.5)
  • (Relief that can be sought by the victim Big $$$$)
Service and Therapy Dog Consultant
Service and Therapy Dog Consultant

Basic Types of Service Dog

ADA is species-specific; it is a dog, and (miniature horses are mentioned in specific situations.)
If a canine, it can be any breed, mixed breed, size, or gender, altered or intact

  • Guide Dog
  • Hearing Dog
  • Mobility Dog
  • Service Dogs for Mental Illness/TBI
  • Medical Dog

Things to Know

Which service dog species are airlines required to recognize and transport?

  • Airlines are required to recognize dogs as service dog and accept them for transport on flights to, within and from the United States. Airlines, though not required, are free to transport other species for passengers if they choose to do so

Under what circumstances may airlines deny transport to a service dog?

  • Airlines are permitted to deny transport to a service dog if it:
  • Violates safety requirements - e.g., too large or heavy to be accommodated in the cabin;
  • Poses a direct threat to the health or safety of others;
  • Causes a significant disruption in the cabin or at airport gate areas; or
  • Violates health requirements - e.g., prohibited from entering a U.S. territory or foreign country.
  • Airlines may also deny transport to a service dog if the airline requires completed DOT service dog forms and the service dog user does not provide the airline these forms.

How do airlines determine whether an animal is a service dog?

  • Airlines can determine whether an animal is a service dog or pet by:
  • Asking an individual with a disability if the animal is required to accompany the passenger because of a disability and what work or task the animal has been trained to perform;
  • Looking for physical indicators such as the presence of a harness or vests;
  • Looking to see if the animal is harnessed, leashed, or otherwise tethered; and
  • Observing the behavior of the animal.

What kind of documentation can be required of persons travelling with service dogs?

  • Airlines may require:
  • Airlines are not permitted to require other documentation from service dog users except to comply with requirements on transport of animals by a Federal agency, a U.S. territory, or a foreign jurisdiction.
  • from other foreign countries.
  • Check to ensure whether your destination country permits your animal and any other requirements to enter and exit legally.

Encounter A Problem?

  • If you believe your rights under the Air Carrier Access Act are being or have been violated, ask to speak with a Complaints Resolution Official (CRO). A CRO is the airline’s expert on disability accommodation issues. Airlines are required to make one available to you, at no cost, in person at the airport or by telephone during the times they are operating 24/7. 24/7