General Rule: with a hearing loss to the presence of people or sounds; assisting a person during a PA v. Housing: The Maine Human Rights Act (“MHRA”) seizure; providing physical support and requires that a place of public assistance with balance and stability to a The category of animals which PAs must accommodation (“PA”) allow the use of person with a mobility ; reminding allow (service animals) is much more service animals by individuals with a person with an to restrictive than the category of animals . While there are some take a medication; and helping a person which must be allowed in housing exceptions, the general rule is one of with a psychiatric or neurological disability (assistance animals and service animals). inclusion, requiring that the PA allow the by preventing or interrupting problem PAs need only allow dogs individually service animal to be present. behaviors. A service animal is an aid that trained to perform a disability-related task. helps a person with a disability access What is a PA? services, like a or cane. Service What can a PA ask a person with a animals are not pets. Service Animal? An establishment that is open to the general public; this may be by offering its What is an Assistance Animal? A PA may make two inquiries to determine goods/facilities/services to, or by whether a dog is a service animal: soliciting/accepting patronage from, the An assistance animal is an animal – not 1. Is the animal required because of a public. Some examples include: town or necessarily a dog- that is either determined disability? state buildings/agencies, professional necessary to mitigate the effects of a mental 2. What work or task has the animal offices, movie theaters, stores, schools, or by a physician, been trained to perform? trains, airplanes, hotels, hospitals and psychologist, physician assistant, nurse These are the ONLY permissible inquiries restaurants. A full (not exhaustive) listing practitioner or licensed social worker or is that may be made. The PA may not ask of types of entities qualifying as PAs can be individually trained to do work or perform about the nature / extent of the person’s found at 5 M.R.S. § 4553(8). tasks for the benefit of an individual with a disability. These inquiries should not be physical or mental disability. This can made at all when it is readily apparent that What counts as a Service Animal? include the types of externally-observable the animal is trained to perform work for a work service animals provide but also can person with a disability, such as a dog that A “service animal” is a dog that has been include providing emotional support, well- is observed pulling a wheelchair. individually trained to do work or perform being, comfort, or companionship related to tasks for the benefit of a person with a an invisible disability (such as depression, Can a PA ask for a Service Animal’s disability, including a physical, sensory, anxiety, and certain phobias); they can - but identification (tags/collar/ID)? psychiatric, intellectual or other mental do not always - have special training to disability. Other species of animals are perform tasks that assist people with No! A PA shall not require documentation NOT considered service animals in the disabilities. In PAs, an assistance animal showing that the dog has been certified, context of PAs. The work or task that the does not qualify as a service animal trained, or licensed as a service animal. dog is trained to do must be directly related UNLESS it is a dog, and otherwise meets the While some service animals may have such to the person’s disability. Examples service animal definition. Many people are documents, they are not required in order include: assisting a person with a visual not aware of the distinctions between for the animal to be covered by the MHRA. impairment in navigation; alerting a person service and assistance animals. It is a violation of the MHRA for a PA to request or require documentation proving tether/leash, or doing so would interfere SERVICE ANIMALS IN that an animal is a service animal. with the work or task the animal is trained to do. If the animal cannot be on a halter/ PLACES OF PUBLIC Terms of Use: tether/leash, it must be otherwise under the ACCOMMODATION handler’s control (such as through voice Individuals with disabilities must be command or hand signals). If a service allowed to be accompanied by their service animal is properly excluded, the PA must animals in all areas of a place of PA where offer the person with a disability the members of the public, clients, customers, opportunity to get or use its goods, services, patrons, and invitees, or others are able to or other benefits without the presence of the go. A PA may not designate certain areas of service animal. its facility as off-limits to individuals because they are with a service animal. For A service animal also may be removed from example, a restaurant cannot require a the premises if either (a) it is a direct threat patron with a service animal to sit outside, to the health or safety of others, or (2) it or in any particular restaurant section. A PA would result in substantial physical damage may not request or require a person to pay a to the property of others, or (3) it fee or comply with special rules in order to substantially interferes with the reasonable be accompanied by their service animal, enjoyment of the PA by others. This must State of Maine even if the PA requires those things of be based on the particular animal’s Maine Human Rights Commission people accompanied by pets. Service behavior, and not breed-based fears or 51 State House Station animals are not pets. assumptions. Augusta, Maine 04333

If a PA normally charges individuals for the What if the PA suspects that the Service (207) 624-6290 (phone) damage they cause, an individual with a Animal is not a “real” Service Animal? (207) 624-8729 (fax) disability may be charged for damage TTY: Maine Relay 771 caused by his or her service animal. This can be tricky, and frustrating. Since there are only two questions the PA is www.maine.gov/mhrc What if there’s a problem with the allowed to ask the person with a disability Service Animal? Can it be removed? about the service animal, and asking any other questions or demanding to see proof Compliance with this section of the Maine A PA may ask a person with a disability to otherwise of the animal’s “genuine” status Human Rights Act can be technical and remove a service animal from the premises as a service animal, the PA must make its complicated. Feel free to call us with any if either (1) the animal is out of control and determination based on the limited questions you may have! its handler does not take effective action to information it has. Allowing the person to control it or (2) the animal is not retain the use of the service animal is housebroken. A service animal generally always the safer choice. must be on a halter/tether/leash, unless the handler’s disability prevents using a halter/