Guide Dogs and the Law

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The Americans with Disabilities Act, commonly referred to as ADA, outlines certain requirements that businesses must follow in order to make their property accessible to people with disabilities and avoid discriminating against them. These guidelines apply to all places of business, whether it’s a small business like a restaurant or a store, or a large one like a hotel, arena, sports stadium, theater or concert hall, or a mall. Even taxis and limousine services, where the person might never enter a building but only a vehicle, fall under ADA regulations.

Laws Regarding Service Dogs

Many businesses don’t allow pets on the premises. But service animals are not pets, and under the Americans with Disabilities Act they must be allowed into the place of business. They cannot tell you that you can’t come in with the dog, nor can they insist that you may come in but the animal must be left outside. Those actions are illegal. If the business owner insists that you cannot have the dog and threatens action like calling the police, once the police arrive make sure they file a report and take steps to get a copy. This record will be helpful if you choose to file a discrimination suit against the business.

What to Do if You’re Confronted

If you go into a place of business and are approached about your service dog, or you’re attempting to go in and stopped because of the dog, the first thing to do is explain that you have a disability and that your dog is a service dog. In most cases, that’s enough to end the situation.

The business owner does not have the right to ask the nature of your disability or proof that you’re disabled. Business owners also do not have the right to ask you to prove that your dog is a service dog, by seeing some sort of document that states as much. They are legally required to allow you to enter based on your explanation that you have a disability and the dog is your service animal.

If you’re worried about these situations, it’s a good idea to keep a few copies of a document from the United States Department of Justice with you when you might go into an establishment you’ve never been in before. The document lists the laws that protect your rights as far as using a service animal, and can be printed from their website. If you’re confronted, and the business owner balks even after you’ve told them you’re disabled and the animal is your service dog, you can simply hand them a copy of the law.

There is one exception. If you’re in a place of business and your service dog becomes disruptive in some way, either by continually barking, growling at people, or displaying rambunctious and possibly dangerous behavior, the business owner does have the right to ask you to leave.

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