Public Access and Legal Issues
Questions about Assistance Dogs & Legal Issues
What is the legal definition of an Assistance Dog?
The Americans with Disabilities Act (ADA), a federal civil rights protection law, defines an Assistance Dog as any dog individually trained to do work or perform tasks for the benefit of a person with a disability. This designation includes guide dogs, hearing (signal) dogs, service dogs and, in some cases, seizure dogs. If the dog meets this definition, they are considered assistance dogs under the ADA regardless of whether they have been licensed or certified by a state or local government.
What is the legal definition of a disability?
The ADA defines a disability as any physical or mental impairment that substantially limits a major life activity. Examples of major life activities include the following: walking, seeing, hearing, speaking, learning, providing personal care, performing manual tasks. Some disabilities may not be visually apparent such as epilepsy or deafness.
What protection is guaranteed under the ADA?
The ADA protects the rights of individuals with disabilities to be accompanied by their Assistance Dog in all public places. Under the ADA, privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sport facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their Assistance Dogs onto business premises in whatever areas customers are generally allowed.
Are there other laws that offer legal access for people with Assistance Dogs?
Yes. Each state has laws concerning access rights for people with Assistance Dogs. Colorado law CRS 24-34-803 guarantees access rights to physically challenged people with an Assistance Dog. If state or local laws conflict with federal laws, the law that provides the greatest protection for the person with the disability is the law that takes precedence.
What are other ways to help guarantee my access?
Clients who purchase any Assistance Dog from Comet Canine, including any Service, Hearing, or Seizure dog, are granted legal access to any public place they would otherwise normally be allowed to go.
While there is no legal requirement that an Assistance Dog wear an identifying cape or harness, Comet Canine highly recommends that you always dress your dog in the cape we provide as well as carry the Certification Card we issue.
Are there circumstances where an Assistance Dog can be denied access to public places?
A business may exclude any animals, including an Assistance Dog, from the facility when that animal's behavior poses a direct threat to the health or safety of others. For example, any Assistance Dog that displays aggressive behavior towards other guests or customers may be excluded. Businesses may not, however, make assumptions about how a particular animal is likely to behave based on past experience with other animals. Each situation must be considered individually.
There may be a few circumstances when a public facility is not required to accommodate an Assistance Dog if it results in a fundamental alteration to the nature of the business. This is not likely to occur in restaurants, hotels, retail stores, theaters, concert halls, and sport facilities. But when it does, for example, when a dog barks during a movie, it can be excluded. The handler will be allowed to return without the dog.
How do I learn about my state's laws regarding access with Assistance Dogs?
Some state laws are in compliance with federal laws and some are not. Many are in the revision process. Contact your Attorney General's office to obtain current revisions to state laws. It is helpful to specify whether the law you need applies to particular situations such as housing or transportation. As mentioned in a previous question, when state or local laws do conflict with federal laws, the law that provides the greatest protection for the person with the disability is the law that takes precedence.
What should I do if I feel discriminated against because I have an Assistance Dog with me?
If you suspect you have been unfairly prevented from accessing either a public area or a business while accompanied by an Assistance Dog, contact the U.S. Department of Justice Information Line: 800-514-0301. Steps will be identified to document your complaint.
If you believe a state law has been compromised, file a complaint with the enforcement agency in your state. The enforcement agency can be determined by contacting your State Attorney General's office. This is usually the Human Rights Commission.
How can I tell if an animal is really an Assistance Dog and not a pet?
There is no federal law that requires that an Assistance Dog wear any special apparel or identification. Some Assistance Dogs, but not all, wear special capes or harnesses, are certified by their training facility, and/or have identification papers. Although a number of states have programs that certify Assistance Dogs, you may not insist on proof of state certification before permitting the Assistance Dog to accompany the person with a disability.
If you are not certain that a dog accompanied by a person is an Assistance Dog, you may ask the person if the dog is an Assistance Dog and if it is required because of a disability. You may not ask the person the nature of their disability. Because an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability, such documentation generally may not be required as a condition for providing service to an individual accompanied by an Assistance Dog.
The most direct way to find out whether or not a dog is an Assistance Dog is to ask the handler "Is this dog an Assistance Dog?" You may also ask them what specific tasks the dog is trained to perform for them. You may not ask what type disability they have.
How does Comet Canine identify their trained Assistance Dogs in public settings?
Clients who acquire a dog from Comet Canine will be issued a distinctive cape that identifies the animal as an Assistance Dog. In addition, the handler will be issued an identification card that validates the dog has been certified as an Assistance Dog by Comet Canine.
If I meet someone with an Assistance Dog, can I pet it or offer it food?
It is always important to ask the handler before petting ANY dog. Touching or attempting to feed an Assistance Dog might distract the dog from being aware of its handler's commands and needs. The expected standard is that you will ask the person first before touching the dog, but only after the handler has stopped moving with the dog. Please do not be offended if they do not allow you to pet their dog. Remember, the dog is working, even though it may not look that way to you.
Food should never be offered to an Assistance Dog. These dogs are trained to enter restaurants and grocery stores with their handler and must not show any interest in the food people eat.
I have always had a clearly posted "no pets policy" in my business. Do I still have to allow Assistance Dogs to enter?
Yes. An Assistance Dog is NOT a pet. The ADA requires you to modify your "no pets" policy to allow the use of an Assistance Dog by a person with a disability. This does not mean you must abandon your "no pets" policy altogether, but simply that you must make an exception to your general rule to accommodate Assistance Dogs.
Can I ask a person with an Assistance Dog for proof that the dog is required because of the person's disability?
A business owner may ask the person if the Assistance Dog is required because of a disability. Since certification is not required by law as a condition for providing service to an individual accompanied by an Assistance Dog, you may not insist on proof of certification before permitting the Assistance Dog to accompany a person with a disability. You may also not ask for proof of disability.
Where can I get more information?
Contact the U.S. Department of Justice's toll-free information line at 800-514-0301 (voice) or 800-514-0383 (TDD) for answers to questions regarding Assistance Dogs or other ADA related issues.
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