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Service Animals and Public Accommodations

Service Animals and Public Accommodations. Stephanie Adkisson Iowa Civil Rights Commission. What is a Public Accommodation?. Iowa Code § 216.2(13): Providing goods/services to people for a fee; or Offers goods/services for free but is dependent on the government Not a private club

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Service Animals and Public Accommodations

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  1. Service Animals and Public Accommodations Stephanie Adkisson Iowa Civil Rights Commission

  2. What is a Public Accommodation? Iowa Code § 216.2(13): • Providing goods/services to people for a fee; or • Offers goods/services for free but is dependent on the government • Not a private club Americans with Disabilities Act (ADA): 42 U.S.C. §12181(7)

  3. What is discrimination based on disability in public accommodation? To refuse or deny any person the accommodations, advantages, facilities, services, or privileges of the public accommodation, or to refuse the furnishing of such accommodations, based on that person’s disability. 42 U.S.C. §12182(b)(2)(A)(ii) Iowa Code §216.7

  4. PUBLIC ACCOMMODATIONS AND SERVICE ANIMALS UNDER THE ADA • Generally a public accommodation shall modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability. • 28 C.F.R. § 36.302(c)(1). • Take steps to ensure individuals are “not separated from their service animals” and that • “broadest feasible access be provided to service animals.” 28 C.F.R. pt. 36 app. B, at 623.

  5. PUBLIC ACCOMMODATIONS AND SERVICE ANIMALS UNDER THE ADA What type of animal can be a service animal? • Dogs. • Miniature Horses. • 28 C.F.R. §35.136(i)

  6. PUBLIC ACCOMMODATIONS AND SERVICE ANIMALS UNDER THE ADA What is a service animal? • Individually trained • To do work or perform tasks • For persons with disabilities Tasks must be directly related to the disability.

  7. PUBLIC ACCOMMODATIONS AND SERVICE ANIMALS UNDER THE ADA EXAMPLES -Guiding people who are blind -Alerting people who are deaf -Pulling a wheelchair -Protecting a person who is having a seizure -Reminding a person with mental illness to take medications

  8. PUBLIC ACCOMMODATIONS AND SERVICE ANIMALS UNDER THE ADA • Not required to use a professional service dog training program. • Service animals-in-training are not considered service animals for purposes of the ADA. • Service animals are notrequired to wear a vest.

  9. PUBLIC ACCOMMODATIONS AND SERVICE ANIMALS UNDER THE ADA • The crime deterrent effects of an animal’s presence do notconstitute work or tasks for the purposes of this definition. 28 C.F.R. § 36.104

  10. PUBLIC ACCOMMODATIONS AND SERVICE ANIMALS UNDER THE ADA • What questions can you ask? • Is the animal required because of a disability? • What work or task has the animal been trained to perform? • And ONLY when is not readily apparent. 28 C.F.R. §36.302(6)

  11. PUBLIC ACCOMMODATIONS AND SERVICE ANIMALS UNDER THE ADA • Can documentation be requested? NO! No medical documentation or demonstrations. • Mandatory registration as a service animal is not permissible under the ADA.

  12. PUBLIC ACCOMMODATIONS AND SERVICE ANIMALS UNDER THE ADA Exceptions: • Fundamentally Alters • Out of Control Animal • Direct Threat

  13. PUBLIC ACCOMMODATIONS AND SERVICE ANIMALS UNDER THE ADA FUNDAMENTALLY ALTERS • Change in physical structure or change in policy. • Change in college program for blind student not fundamental alteration, just inconvenience

  14. PUBLIC ACCOMMODATIONS AND SERVICE ANIMALS UNDER THE ADA OUT OF CONTROL ANIMAL • Is animal under control of handler? • Generally is if there is a harness, leash or tether. • Is animal housebroken?

  15. PUBLIC ACCOMMODATIONS AND SERVICE ANIMALS UNDER THE ADA • If properly excluded because out of control, must still give individual opportunity to obtain all goods/service without service animal. • Must be permitted to be accompanied by service animal to all areas where the public or patrons are allowed to go. 28 C.F.R. 36.306(c)(3), (7)

  16. PUBLIC ACCOMMODATIONS AND SERVICE ANIMALS UNDER THE ADA DIRECT THREAT • Individualized assessment that animal poses a substantial and direct threat to health or safety of others. • Based on actual risks, duration, severity, probability. • To determine what modifications, if any, are plausible to mitigate that risk. • Generally allergies or generalized fear of dogs are not valid threats. Tamara, 946 F. Sup.2d at 1085-86.

  17. PUBLIC ACCOMMODATIONS AND SERVICE ANIMALS UNDER THE ADA • Local breed restrictions CANNOT be used to deny a person with a service animal.

  18. QUESTIONS??? Stephanie Adkisson Iowa Civil Rights Commission Grimes State Office Building 400 E. 14th Street Des Moines, Iowa 50319 515-281-4440 stephanie.adkisson@iowa.gov

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