ADA Title III – Public Accommodations

Title III of the American with Disabilities Act requires that public accommodations give equal treatment to people with disabilities. This includes service animals accompanying people with disabilities stating that they may not be excluded from the premises or segregated while on the premises.

Public accommodations are defined as business and service providers, for-profit or nonprofit, that own, lease, lease to, or operated facilities such as restaurants, retail stores, hotels, movie theaters, malls, convention centers, doctors’ and dentists’ offices, transportation stations shelters, funeral homes, stadiums, or anywhere generally open for pubic use. The accommodation cannot require that the person with the service animal pay a deposit for that animal to enter the accommodation (this is true even if a pet deposit is normally required).

A service animal may be asked to leave if its behavior creates a threat or causes an alteration to the nature of the business. If a service animal causes damage, the handler may be asked to pay for the damages only if the business has required similar payments be made by damage caused by a person. The handler of the service animal is required to keep the animal under control at all times and in all circumstances. A business should not suffer any adverse affects caused from the entry of a service animal and its handler. For more information on the ADA Title III go to the Justice Department website at www.usdoj.gov.

Fair Housing Act

The Fair Housing Act requires that a housing provider cannot ban a person with a disability who has a service animal, plans to get a service animal, or who obtains a service animal while a tenant. A “no pets” policy does not normally apply to a service animal. The size, breed, or species of a service animal cannot be dictated by a landlord; nor can a fee or a deposit be charged for a service animal. If a landlord normally requires payment for damages caused by a person, he may require payment for similar damages caused by a service animal.

Air Carrier Access Act

The ACAA does not cover areas of an airport that are not owned or operated by the airlines. These areas, such as the lobby, are public accommodations and are covered by the ADA Titles II and III. The ACAA requires that a service animal be able to accompany a disabled person to any seat. If the animal obstructs an aisle or emergency evacuation area that needs to remain clear, the passenger will be assigned a different seat.

State and Local Laws

Most states have laws pertaining to the access rights of service animals. These laws tend to differ from state to state. It is best to check with the State Attorney General’s office in the state in which you are interested. Some local governments have laws concerning animals. These laws may apply to service animals and should be researched on an individual basis.

When more than one law applies to the access rights of a service animal, the law that is less restrictive to the person with the disability prevails. If a state or local animal control or welfare law proves that it is necessary to protect public health and safety, the federal law does not prevail.