Q: Am I responsible for the animal while the person with a disability is in my business? A: No. The care or supervision of a service animal is solely the responsibility of his or her owner. You are not required to provide care or food or a special loca- tion for the animal. Service Animals Q: What if a service animal barks or growls at other people, or otherwise acts out of control? and the ADA A: You may exclude any animal, including a service animal, from your facility when that animal’s behavior poses a direct threat to the health or safety of others. Although a public accommodation may exclude any service animal that is out of control, it should give the General individual with a disability who uses the service animal the option of continuing to enjoy its goods and services Got questions? without having the service animal on the premises. Policy for Public Q: Does the ADA require service animals to be profes- Contact Us! sionally trained? A: No. People with disabilities have the right to train Places the service animals themselves and are not required to We are only a (Business, State and Local Government) use a professional training program. ... a phone call away Q: Can service animals be any breed of dog? A: Yes. The ADA does not restrict the type of dog ... an email away breeds that can be service animals. Q: Can individuals with disabilities be refused access ... a visit away to a facility based solely on the breed of their service animal? A: No. A service animal may not be excluded based on Call assumptions or stereotypes about the animal’s breed or how the animal might behave. However, if a particular 800 522-8224 service animal behaves in a way that poses a direct threat to the health or safety of others, has a history email [email protected] of such behavior, or is not under the control of the handler, that animal may be excluded. If an animal is excluded for such reasons, the business or governmen- tal entity must still offer its goods or services to the Office of Disability Concerns person without the animal present. 1111 N Lee Ave Suite 500 Oklahoma City, OK 73103 (800) 522-8224 (405) 521-3756 www.ok.gov/odc/ Find US and Friend us on [email protected] Friend Us on Facebook! Facebook! Q: What question can you ask to determine if a dog is a service animal? A: In situations where it is not obvious that the dog or miniature horse is a service animal, staff may ask only two question: Is the service animal required because of a dis- ability? And, what work or task has the service animal 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. Q: What must I do when an individual with a service ani- The ADA established a clear and comprehensive national mandate for the elimination of discrimina- mal comes to my establishment? tion against individuals with disabilities. The ADA has expanded opportunities for Americans with A: The service animal must be permitted to accompany the disabilities by reducing barriers, changing perceptions, and increasing full participation in communi- individual with a disability to all areas of the facility where ty life. However, the full promise of the ADA will only be reached if people comply with the law. customers are normally allowed to go. An individual with a Existing businesses, local government facilities and services are required by the ADA to remove service animal may not be segregated from other customers. barriers to access by people with disabilities when to do so it “readily achievable.” Compliance with the service Q: I have always had a clearly posted “no pets” policy at my animal requirements is easy and readily doable with some basic understanding and compliance. establishment. Do I still have to allow service animals in? The definition of a service animal, which is a dog or miniature horse. A service animal is individually trained A: Yes. A service animal is not a pet. The ADA requires you to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psy- to modify your “no pets” policy to allow the use of a service chiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or animal by a person with a disability. This does not mean untrained, are not considered to be service animals. The work or tasks performed by a service animal must be you must abandon your “no pets” policy altogether but directly related to the individual’s disability. Examples of work or tasks include, but are not limited to, assist- simply that you must make an exception to your general ing individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are rule for service animals. deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, Q: Can I charge a maintenance or cleaning fee for custom- retrieving items such as medicine or the telephone, providing physical support and assistance with balance ers who bring service animals into my business? and stability to individuals with mobility disabilities, and helping individuals with psychiatric and neurological A: No. Neither a deposit nor a surcharge may be imposed disabilities by preventing or interrupting impulsive or destructive behaviors. on an individual with a disability as a condition to allow- Special note: A public entity or private business shall make reasonable modifications in policies, practices, orproce - ing a service animal to accompany the individual with a dures to permit the use of a miniature horse as a service animal by an individual with a disability if the miniature disability, even if deposits are routinely required for pets. horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability However, a public accommodation may charge its cus- subject to an assessment of the type, size, and weight of the miniature horse and whether the facility can accommo- date these features. The same provisions that apply to service dogs also apply to miniature horses. tomers with disabilities if a service animal causes damage so long as it is the regular practice of the entity to charge Under the Americans with Disabilities Act (ADA), businesses and organizations that serve the public must non-disabled customers for the same types of damages. For allow people with disabilities to bring their service animals into all areas of the facility where customers are example, a hotel can charge a guest with a disability for the normally allowed to go. This federal law applies to all businesses open to the public, including restaurants, cost of repairing or cleaning furniture damaged by a service hotels, taxis and shuttles, grocery and department stores, hospitals and medical offices, theaters, health clubs, parks, and zoos. The service animal rules fall under this general principle. Accordingly, entities that have a “no animal if it is the hotel’s policy to charge when non-dis- pets” policy generally must modify the policy to allow service animals into their facilities. abled guests cause such damage. Q: I operate a private taxicab and I don’t want animals in Frequently Asked Questions my taxi; they smell. Am I violating the ADA if I refuse to Q: What are the laws that apply to my business? pick up someone with a service animal? A: Under the Americans with Disabilities Act (ADA), local government and privately owned businesses that A: Yes. Taxicab companies may not refuse to provide services serve the public, such as city halls, libraries, restaurants, hotels, retail stores, taxicabs, theaters, concert halls, to individuals with disabilities. Private taxicab companies are and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires also prohibited from charging higher fares or fees for trans- these locations to allow people with disabilities to bring their service animals onto business premises in what- porting individuals with disabilities and their service animals ever areas customers or the public are generally allowed. than they charge to other persons for the same or equivalent service.