The miniature horse is not included in the definition of service animal, which is limited to dogs. However, the new ADA regulations contain a specific provision which covers miniature horses.  Businesses must make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability.  

Factors to assist in determining whether miniature horses can be accommodated are whether:

• the miniature horse is housebroken
• the miniature horse is under the owner’s control
• the facility can accommodate the miniature horse’s type, size, and weight
• the miniature horse’s presence will not compromise legitimate safety requirements necessary for the safe operation of the facility

Yes.  A business has the right to deny access to a service animal that disrupts their business.   For example, a service dog that barks and disrupts another patron’s enjoyment of a movie could be asked to leave.   Also, businesses, airlines, public programs and transportation providers may exclude a service animal when the animal’s behavior poses a direct threat to the health or safety of others.  However, some animals may be trained to whine or bark as part of doing their job.

A decision to exclude a service animal cannot be based on the notion that an animal might threaten the safety of others. It also cannot be based on a business person’s assumptions or bad experiences with other animals.  Each service animal must be considered individually.

You may ask an individual with a disability to remove a service animal from the premises (facility) if the animal is not housebroken or if the animal is out of control and the individual does not take effective action to control it.  Unwarranted and unprovoked violent behavior, such as uncontrolled barking, growling at other customers, jumping on other people, or running away from the owner are examples of unacceptable behavior.

The owner must use a harness, leash or other tether with his or her service animal unless the individual is unable to do so because of a disability or the use of these would make it difficult or unsafe for the service animal to perform tasks.  When a harness, leash or other tether are not being used, the service animal must be under the owner’s control through voice control, signals, or other effective means. 

If a service animal is removed from the premises, the individual with a disability must still be offered the opportunity to obtain goods, services, and accommodations.

No. The care or supervision of a service animal is solely the responsibility of the owner. You are not required to provide care or food or a special location for the animal. 

Yes, this is a violation of the ADA. Taxicab companies may not refuse to provide services to individuals with disabilities. Private taxicab companies are also prohibited from charging higher fares or fees for transporting individuals with disabilities and their service animals than they charge to other persons for the same service.  The owner must have the service animal under control and the animal must be housebroken.

A person traveling with a service animal:

• cannot be denied access to transportation, even if there is a “no pets” policy
• cannot be forced to sit in a particular spot
• does not have to provide advance notice that he or she will be traveling with a service animal 

These laws apply to both public and private transportation providers and include subways, fixed route buses, paratransit, rail and light rail, taxicabs, shuttles and limousine services.

No. You cannot ask or require an individual with a disability to pay maintenance or cleaning fees, even if people with pets are required to pay these fees.  Service animals are not pets.  If you normally charge individuals for the damage they cause, you may charge an individual with a disability for damages caused by his or her service animal.  Service animals must be housebroken and under the control of the owner at all times. 

Yes.  Any service animal and their owner must be allowed to access those areas of a restaurant where customers are allowed to go.  Whenever a public health ordinance, or other local law, is different from the ADA, the law which is least restrictive for the person with a disability takes priority.  

Yes. Even if the business or a public program has a “no pets” policy, it may not deny entry to a person with a service animal.  Service animals are working animals, not pets. So, although a “no pets” policy is perfectly legal, it does not allow a business to exclude service animals.

Individuals with disabilities are allowed to be accompanied by their service animals in all areas of public facilities and private businesses where members of the public are allowed to go. An individual with a service animal may not be segregated from other customers.  If a service animal’s presence compromises safety or is disruptive to the purpose of the business, they can be excluded from a specific facility such as a surgery or intensive care unit in a hospital in which a sterile field is required.

Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals.  If it is possible, separate the person with the allergy or other animal aversions from the person with a service animal.

To determine if an animal is a service animal, you may ask two questions:  

1) Is the dog a service animal required because of a disability?

2) What work or task has the dog been trained to  perform? 

You may not ask these questions if the need for the service animal is obvious. Examples include when a dog is guiding an individual who is blind or is pulling a person’s wheelchair. You also may not:

• ask about the nature or extent of an individual’s disability 
• require proof that the animal has been certified, trained or licensed as a service animal
• require the animal to wear an identifying vest or tag
• ask that the dog demonstrate its ability to perform the task or work

Under the ADA, it is the training that distinguishes a service animal from other animals.  Some service animals are professionally trained; others are trained by their owners.  However, the task that the service animal is trained to do must be directly related to the owner’s disability.

Service animals in-training are not specifically addressed in the ADA.  However, some state laws may afford service animals in-training the same protections as service animals that have completed their training.