With everything from alpacas, pigs and turkeys, to even a snake being claimed as service animals, it is not surprising that many business owners are asking what truly qualifies as a “service animal” under the law. Just last fall, a Wisconsin McDonald’s encountered a situation where a patron wanted to dine with her service kangaroo. With the ability to obtain a service vest and even an “authentic” certificate just a few clicks away, more and more people are making claims that their accompanying animals are not mere pets, but service animals. Now, more than ever, it is important that business owners understand what the law says about service animals.
Although some may genuinely believe the emotional or other support provided by their pets should give them special designation, the Americans with Disabilities Act (“ADA”) provides a narrow definition to the term “service animal.” Businesses are only required to permit those animals that fall within this definition. Under Title III of the ADA, the term “service animal” is limited to a dog or miniature horse individually trained to perform tasks which assist a person with a disability. 28 C.F.R. § 35.104 and 28 C.F.R. § 35.136. The ADA regulations give a non-exhaustive listing of examples of the tasks service animals perform, including:
- assisting a person who is blind/low-vision or deaf/hard of hearing with determining the presence of people or sounds,
- pulling a wheelchair,
- assisting a person with seizures,
- retrieving medicine,
- alerting a person with allergies to allergens, and
- assisting those with psychological or neurological conditions by helping them avoid triggers to their behaviors.
The regulations specifically exclude from the definition, any animal present as a crime deterrent or for emotional support.
The requirement that a service animal be “individually trained” does not require professional training, but does require “proper” training which results in a discernible skill on the part of the service animal. In re Kenna Homes Co-op. Corp., 557 S.E.2d 787 (W. Va. 2001). Other courts analyzing this issue have further held that businesses may not need to permit service animals if the animal presents a health or safety risk to the other patrons or is disruptive to the business. See e.g., Capell v. N.C. Div. of Vocational Rehab. Services, 2011 WL (W.D.N.C. 2011) - Finding that a hospital does not violate the ADA by refusing to allow a service animal to accompany a...
