A S E RV I C E A N I M A L I S N OT A P E T !
Service Animals Allowed
Page 2 Service Animals Allowed
Service animals are allowed in any business which operates as a
public accommodation
Disclaimer:
This booklet is written and reproduced solely for educational and informational
purposes.
The US Department of Justice is the source of information for this booklet. Visit
the US Department of Justice website for further information:
www.ada.gov or call
1-800-514-0301 (voice)
1-800-514-0383 (TTY)
For additional information, you may also visit the Governor’s Council on Disability’s
website at
http://disability.mo.gov
Page 3 Service Animals Allowed
Table of Contents
Introduction
What Is a Service Animal?
US Department of Justice—Revised ADA requirements
Commonly Asked Questions About Service Animals in Places of Business
Americans With Disabilities Act Definitions
Is Your Business a Public Accommodation?
What Are Common Mistakes Business Make About Service Animal Access?
Missouri Service Animal Statutes
What Are the Code of Federal Regulations (CFR) Modifying Your "no pets policy"?
If a Service Animal Comes Into Your Business, What Should Your Employee's Ask?
What If a Service Animal Is Disruptive in Your Business?
Service Animal Etiquette
Emergency Preparedness for Service Animal Owners
Page
4
5
7
10
13
15
16
18
20
21
22
23
23
Page 4 Service Animals Allowed
INTRODUCTION
This booklet contains information about the federal law, Americans with Disabilities Act of 1990
(ADA) and the 2010 Revised Regulations. The ADA prohibits discrimination on the basis of disability
in employment, programs and services provided by state and local governments, goods and services
provided by private companies, and in commercial facilities.
Also covered in this booklet is the federal law ADA, Title II, State and local government, Title III, Pub-
lic Accommodations which also includes U.S. Dept. of Justice document "Commonly Asked Questions
about Service Animals in Places of Business", 28 Code of Federal Regulations (CFR), Subpart C, Part 36.302
Modifications in policies, practices, or procedures and general information about service dogs assisting
people with disabilities and common mistakes made by businesses.
People with disabilities accompanied by a service dog/animal have been covered by federal law since
1990. Although there are approximately 20,000 service dogs in our nation, there will be significant
increase of service dogs in the next five years.
Guide dogs are only one of many types of service animals that assist people with multiple disabilities.
Service animals are not pets.
Many people with disabilities are utilizing service animals to maintain their independence in the com-
munity. The Americans with Disabilities Act provides protection and guidelines in the use of service
animals in public places and work places.
The Air Carrier Access Act allows for emotional support animals for the flying public that has a dis-
ability and the Fair Housing Act (and Section 504) allows for emotional support animals as reasonable
accommodations in housing. Emotional support animals are not allowed in public places.
It is pertinent for businesses to recognize that customers with disabilities represent two hundred and
twenty billion dollars in disposable income in the USA and three trillion dollars in the global market.
Page 5 Service Animals Allowed
What is a Service Dog/Animal?
"A service animal is any dog that is individually trained to do work or perform tasks that benefit an individual
with a disability".
--Americans with Disabilities Act 1990, Title III 2010 Revised Regulations-36.104
There is a provision for miniature horses who meet certain requirements to be allowed.
The ADA protects the rights of people with disabilities to be accompanied by their service
animals. Service animals may be identified as “assistance animal/dog”, “support animal/dog”, or
“helper dog”.
United States Service Dog History
Guide dogs were introduced in the United States in the late 1920's. Forty years later, dogs were
trained to alert people with hearing impairment to sounds (hearing dogs). During the early 1970's,
dogs were trained to retrieve items for people with mobility impairments (wheelchair users). The
first "seizure alert" dog was introduced in the late 1980's. Since the enactment of the American's
with Disabilities Act (ADA) 1990, doors opened for innovative animal trainers to train animals to
assist many types of disabilities. Today there are approximately 20,000 service dogs working in the
U.S. with the numbers rising in the next decade.
Service animals are considered a health care option and assisting resource, for example instead of or
in conjunction with: wheelchair, cane, hearing aide.. Many service dogs receive specialized training
through service dog training centers and cost up to $40,000. A service dog is not just any dog!
Here is a partial list of service dogs.
GUIDE DOG or DOG GUIDE-assist people with visual impairments.
MOBILITY DOG-retrieve items, open doors, push buttons, also assisting people with disabilities
with walking, balance and transferring from place to place.
HEARING DOG-assist people with a hearing impairment to sounds.
SEIZURE ALERT/SEIZURE RESPONSE also known as MEDICAL ALERT-alerts to
oncoming seizures and is trained to respond to seizures such as get help or stay with the person.
MEDICAL ALERT/MEDICAL RESPONSE-alerts to oncoming medical conditions, such as:
heart attack, stroke, diabetes, epilepsy, panic attack, anxiety attack or post traumatic stress disorder.
Page 6 Service Animals Allowed
NOTE: Not all people accompanied by a service animal have visible disabilities such as: hearing,
epilepsy, visual, heart disease and physiological/emotional conditions.
Service animals are individually trained to perform task for people
with disabilities.
Page 7
Service Animals Allowed
Service Animals
The Department of Justice published revised final regulations implementing the Americans with
Disabilities Act (ADA) for title II (State and local government services) and title III (public
accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These
requirements, or rules, clarify and refine issues that have arisen over the past 20 years and contain
new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards).
Overview
This publication provides guidance on the term “service animal” and the service animal provisions in
the Department’s new regulations.
Beginning on March 15, 2011, only dogs are recognized as service animals under titles II and III of
the ADA.
A service animal is a dog that is individually trained to do work or perform tasks for a person with
a disability.
Generally, title II and title III entities must permit service animals to accompany people
with disabilities in all areas where members of the public are allowed to go.
How “Service Animal” Is Defined
Service animals are defined as dogs that are individually trained to do work or perform
tasks for people with disabilities. Examples of such work or tasks include guiding people who are
blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having
a seizure, reminding a person with mental illness to take prescribed medications, calming a person with
Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service
animals are working animals, not pets. The work or task a dog has been trained to provide must be
directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional
support do not qualify as service animals under the ADA.
This definition does not affect or limit the broader definition of “assistance animal” under the Fair
Housing Act or the broader definition of “service animal” under the Air Carrier Access Act.
Some State and local laws also define service animal more broadly than the ADA does. Information
about such laws can be obtained from the State attorney general’s office.
U.S. Department of Justice
Civil Rights Division
Disability Rights Section
Page 8 Service Animals Allowed
Where Service Animals Are Allowed
Under the ADA, State and local governments, businesses, and nonprofit organizations
that serve the public generally must allow service animals to accompany people with
disabilities in all areas of the facility where the public is normally allowed to go. For
example, in a hospital it would be inappropriate to exclude a service animal from areas such as patient
rooms, clinics, cafeterias, or examination rooms. However, it may be appropriate to exclude a service
animal from operating rooms or burn units where the animal’s presence may compromise a sterile
environment.
Service Animals Must Be Under Control
Under the ADA, service animals must be harnessed, leashed, or tethered, unless these
devices interfere with the service animal’s work or the individual’s disability prevents
using these devices. In that case, the individual must maintain control of the animal through voice,
signal, or other effective controls.
Inquiries, Exclusions, Charges, and Other Specific Rules Related to
Service Animals
When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff
may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what
work or task has the dog 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.
Allergies and fear of dogs are not valid reasons for denying access or refusing service to people
using service animals. When a person who is allergic to dog dander and a person who uses a
service animal must spend time in the same room or facility, for example, in a school classroom or
at a homeless shelter, they both should be accommodated by assigning them, if possible, to
different locations within the room or different rooms in the facility.
A person with a disability cannot be asked to remove his service animal from the premises unless:
(1) the dog is out of control and the handler does not take effective action to control it or (2) the
dog is not housebroken. When there is a legitimate reason to ask that a service animal be
removed, staff must offer the person with the disability the opportunity to obtain goods or services
without the animal’s presence.
Establishments that sell or prepare food must allow service animals in public areas even if state or
local health codes prohibit animals on the premises.
People with disabilities who use service animals cannot be isolated from other patrons, treated less
favorably than other patrons, or charged fees that are not charged to other patrons without
animals. In addition, if a business requires a deposit or fee to be paid by patrons with pets, it must
waive the charge for service animals.
If a business such as a hotel normally charges guests for damage that they cause, a customer with a
disability may also be charged for damage caused by himself or his service animal.
Staff are not required to provide care or food for a service animal.
Page 9 Service Animals Allowed
Miniature Horses
In addition to the provisions about service dogs, the Department’s revised ADA
regulations have a new, separate provision about miniature horses that have been
individually trained to do work or perform tasks for people with disabilities. (Miniature
horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally
weigh between 70 and 100 pounds.) Entities covered by the ADA must modify their policies to
permit miniature horses where reasonable. The regulations set out four assessment factors to assist
entities in determining whether miniature horses can be accommodated in their facility. The
assessment factors are (1) whether the miniature horse is housebroken; (2) whether the miniature
horse is under the owner’s control; (3) whether the facility can accommodate the miniature horse’s
type, size, and weight; and (4) whether the miniature horse’s presence will not compromise
legitimate safety requirements necessary for safe operation of the facility.
For more information about the ADA, please visit our website or call
our toll-free number.
ADA Website
www.ADA.gov
To receive e-mail notifications when new ADA information is available,
visit the ADA Website’s home page and click the link near the top of the middle column.
ADA Information Line
800-514-0301 (Voice) and 800-514-0383 (TTY)
24 hours a day to order publications by mail.
M-W, F 9:30 a.m. – 5:30 p.m., Th 12:30 p.m. – 5:30 p.m. (Eastern Time)
to speak with an ADA Specialist. All calls are confidential.
For persons with disabilities, this publication is available in alternate formats.
Duplication of this document is encouraged. July 2011
Page 10 Service Animals Allowed
COMMONLY ASKED QUESTIONS ABOUT SERVICE ANIMALS IN
PLACES OF BUSINESS
Q: What are the laws that apply to my business?
A: Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public,
such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are
prohibited from discriminating against individuals with disabilities. The ADA requires these businesses
to allow people with disabilities to bring their service animals onto business premises in whatever
areas customers are generally allowed.
Q: What is a service animal?
A: The ADA defines a service animal as any guide dog, hearing dog, or other dog individually trained to
provide assistance to an individual with a disability. If they meet this definition, animals are considered
service animals under the ADA regardless of whether they have been licensed or certified by a state
or local government.
Service animals perform some of the functions and tasks that the individual with a disability cannot
perform for him or herself. "Seeing eye dogs" are one type of service animal, used by some individuals
who are blind. This is the type of service animal with which most people are familiar. But there are
service animals that assist persons with other kinds of disabilities in their day-to-day activities. Some
examples include:
Alerting persons with hearing impairments to sounds.
Pulling wheelchairs or carrying and picking up things for persons with mobility impairments.
Assisting persons with mobility impairments with balance.
A service animal is not a pet.
Q: How can I tell if an animal is really a service animal and not just a pet?
A: Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed
or certified and have identification papers. If you are not certain that an animal is a service animal, you
may ask the person who has the animal if it is a service animal required because of a disability.
However, 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. Therefore, such documentation generally
may not be required as a condition for providing service to an individual accompanied by a service
Page 11 Service Animals Allowed
animal. Although a number of states have programs to certify service animals, you may not insist on
proof of state certification before permitting the service animal to accompany the person with a
disability.
Q: What must I do when an individual with a service animal comes to my business?
A: The service animal must be permitted to accompany the individual with a disability to all areas of
the facility where customers are normally allowed to go. An individual with a service animal may not
be segregated from other customers.
Q: I have always had a clearly posted "no pets" policy at my establishment. Do I still
have to allow service animals in?
A: Yes. A service animal is not a pet. The ADA requires you to modify your "no pets" policy to
allow the use of a service animal 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 for
service animals.
Q: My county health department has told me that only a seeing eye or guide dog has to
be admitted. If I follow those regulations, am I violating the ADA?
A: Yes, if you refuse to admit any other type of service animal on the basis of local health
department regulations or other state or local laws. The ADA provides greater protection for
individuals with disabilities and so it takes priority over the local or state laws or regulations.
Q: Can I charge a maintenance or cleaning fee for customers who bring service animals
into my business?
A: No. Neither a deposit nor a surcharge may be imposed on an individual with a disability as a
condition to allowing a service animal to accompany the individual with a disability, even if deposits
are routinely required for pets. However, a public accommodation may charge its customers with
disabilities if a service animal causes damage so long as it is the regular practice of the entity to
charge non-disabled customers for the same types of damages. For example, a hotel can charge a
guest with a disability for the cost of repairing or cleaning furniture damaged by a service animal if it
is the hotel’s policy to charge when non-disabled guests cause such damage.
Q: I operate a private taxicab and I don’t want animals in my taxi; they smell, shed hair
and sometimes have "accidents." Am I violating the ADA if I refuse to pick up someone
with a service animal?
Page 12 Service Animals Allowed
A: Yes. 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 or equivalent
service.
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 location for the animal.
Q: What if a service animal barks or growls at other people, or otherwise acts out of
control?
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. For example, any service animal that
displays vicious behavior towards other guests or customers may be excluded. You may not make
assumptions, however, about how a particular animal is likely to behave based on your past experience
with other animals. Each situation must be considered individually.
Although a public accommodation may exclude any service animal that is out of control, it should give
the individual with a disability who uses the service animal the option of continuing to enjoy its goods
and services without having the service animal on the premises.
Q: Can I exclude an animal that doesn’t really seem dangerous but is disruptive to my
business?
A: There may be a few circumstances when a public accommodation is not required to accommodate
a service animal--that is, when doing so would result in a fundamental alteration to the nature of the
business. Generally, this is not likely to occur in restaurants, hotels, retail stores, theaters, concert
halls, and sports facilities. But when it does, for example, when a dog barks during a movie, the animal
can be excluded.
Page 13 Service Animals Allowed
American with Disabilities Act Definitions
Disability
The ADA defines disability as follows:
The term "disability" means, with respect to an individual-
A. A physical or mental impairment that substantially limits one or more of the major life
activities of such individual;
B. A record of such an impairment; or
C. Being regarded as having such an impairment.
- ADA Title III Technical Assistance Manual, III-100-2.700 [ 28 CFR §36.104]
Service Animal
The term "service animal" includes any dog individually trained to do work or perform tasks for the
benefit of an individual with a disability.
- ADA Title III Technical Assistance Manual, III-4.2300 [28 CFR 36.301-36.310]
Private Entity
A private entity that owns, leases (or leases to), or operates a place of public accommodations.
- ADA Title III Regulations 36.104 [28CFR §36.104]
Public Entity
1. Any State or local government;
2. Any department, agency, special purpose district, or other instrumentality of a State or
States or local government; or
3. Certain commuter authorities as well as AMTRAK.
- ADA Title II, Technical Assistance Manual, II-1.200 [28CFR §36.104-208]
Page 14 Service Animals Allowed
Facility
Facility means all or any portion of buildings, structures, sites, complexes, equipment, rolling stock or
conveyances, roads, walks, passageways, parking lots, or other real or personal property, including
where the building, property, structure or equipment is located.
- ADA Title III Regulations 36.104 [28CFR §36.104]
Public Transportation
Public transportation means transportation by bus, rail, or any other conveyance (other than by
aircraft) that provides the general public with general or special service (including charter service) on a
regular and continuing bases.
- ADA Title III Regulations 36.104 [28CFR §36.104]
Page 15 Service Animals Allowed
Is Your Business a Public Accommodation?
Public accommodation.
The following private entities are considered public accommodations for purposes of this title (III), if
the operations of such entities affect commerce;
A) an inn, hotel, motel, or other place of lodging, except for an establishment located within a
building that contains not more than five rooms for rent or hire and that is actually occupied by the
proprietor of such establishment as the residence of such proprietor;
B) a restaurant, bar or other establishment serving food or drink;
C) a motion picture house, theater, concert hall, stadium or other place of exhibition;
D) an auditorium, convention center, lecture hall or other place of public gathering;
E) a bakery, grocery store, clothing store, hardware store, shopping center or other sales or rental
establishment;
F) a laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service,
funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional
office of a health care provider, hospital or other service establishment;
G) a terminal, depot or other station used for a specified public transportation;
H) a museum, library, gallery or other place of public display or collection;
I) a park, zoo, amusement park or other place of recreation;
J) a nursery, elementary, secondary, undergraduate, postgraduate private school or other place of
education;
K) a day care center, senior citizen center, homeless shelter, food bank, adoption agency or other
social service center establishment; and
L) a gymnasium, health spa, bowling alley, golf course or other place of exercise or recreation.
1
NOTE: Businesses mentioned in the above, are considered public accommodation under federal
law. If you are not sure if your business is a public accommodation, call the U. S. Department of
Justice Hotline.
1
The Americans With Disabilities Act of 1990, Title III, Section 301 (7) (A-L)
Page 16 Service Animals Allowed
What Are Common Mistakes Businesses Make About Service Animal
Access?
"No Pets Allowed"
A business (public accommodation) is required to modify "no pets" policy, practices and procedures to
allow service animals. Service animals are not pets.
"Pet Deposit"
A business (public accommodation) cannot charge "pet deposit" for a service animal accompanied by a
person with a disability. A public accommodation is required to modify "pet deposit" policy, practices
and procedures to allow service animals at no charge. Again, service animals are not pets.
"Proof of Disability, Unnecessary Inquiries"
A business (public accommodation) may not insist on proof of disability. A person is not required to
disclose their disability. Medical information is private information. The ADA prohibits unnecessary
inquiries into the existence of a disability. -ADA Technical Assistance Manual, III-4.1300.
"Proof of Service Animal Certification or Service Animal Identification"
A business (public accommodation) may not insist on proof of the certification or identification for a
service animal. Some states have certification laws, however, the ADA is the prevailing law.
"Segregation"
A person with a disability accompanied by a service animal, may not be segregated from other
customers in any public accommodations.
A public accommodation may not impose eligibility that either screen out or tend to screen out
persons with disabilities from fully and equally enjoying any goods, services, privileges, advantages or
accommodations offered to individuals without disabilities unless it can show that such requirements
are necessary for the provision of the goods, services, privileges, advantages or accommodations.
Page 17 Service Animals Allowed
Illustration 1: A restaurant has an unofficial policy of seating people with visible disabilities in the
least desirable parts of the restaurant. This policy violates the ADA because it establishes an
eligibility criterion that discriminates against individual with certain disabilities and that is not
necessary for the operation of the restaurant. The restaurant may not justify its policy on the basis
of the preferences of its other customers.
- ADA Technical Assistance Manual, III-4.1100
"Separating"
A person with a disability accompanied by a service animal may need to be separated from the
service animals in environments which must be kept sterile such as operating rooms or intensive
care units. In all other instances a person with a disability should not be separated from his or her
service animal.
-ADA Title III Technical Assistance Manual, III-4.2300
The ADA requires businesses modify their "no pets" policies, practices and procedures, to allow
service animals accompanying a person with a disability.
Page 18 Service Animals Allowed
Missouri Service Animal Statutes
Crime of causing substantial injury to or the death of a service dog, penalty--failure to
control an animal that causes substantial injury to or the death of a service dog, penalty--
harassment of a service dog, penalty--damages.
209.202. 1. Any person who knowingly, intentionally, or recklessly causes substantial physical injury to
or the death of a service dog is guilty of a class A misdemeanor. The provisions of this subsection shall
not apply to the destruction of a service dog for humane purposes.
2. Any person who knowingly or intentionally fails to exercise sufficient control over an animal such
person owns, keeps, harbors, or exercises control over to prevent the animal from causing the
substantial physical injury to or death of a service dog, or the subsequent inability to function as a
service dog as a result of the animal's attacking, chasing, or harassing the service dog is guilty of a class
A misdemeanor.
3. Any person who harasses or chases a dog known to such person to be a service dog is guilty of a
class B misdemeanor.
4. Any person who owns, keeps, harbors, or exercises control over an animal and who knowingly or
intentionally fails to exercise sufficient control over the animal to prevent such animal from chasing or
harassing a service dog while such dog is carrying out the dog's function as a service dog, to the extent
that the animal temporarily interferes with the service dog's ability to carry out the dog's function is
guilty of a class B misdemeanor.
5. An owner of a service dog or a person with a disability who uses a service dog may file a cause of
action to recover civil damages against any person who:
(1) Violates the provisions of subsection 1 or 2 of this section; or
(2) Steals a service dog resulting in the loss of the services of the service dog.
6. Any civil damages awarded under subsection 5 of this section shall be based on the following:
(1) The replacement value of an equally trained service dog, without any differentiation for the age or
experience of the service dog;
(2) The cost and expenses incurred by the owner of a service dog or the person with a disability who
used the service dog, including:
(a) The cost of temporary replacement services, whether provided by another service dog or by a
person;
(b) The reasonable costs incurred in efforts to recover a stolen service dog; and
(c) Court costs and attorney's fees incurred in bringing a civil action under subsection 5 of this section.
7. An owner of a service dog or a person with a disability who uses a service dog may file a cause of
action to recover civil damages against a person who:
(1) Violates the provisions of subsections 1 to 4 of this section resulting in injury from which the
service dog recovers to an extent that the dog is able to function as a service dog for the person with
a disability; or
(2) Steals a service dog and the service dog is recovered resulting in the service dog being able to
function as a service dog for the person with a disability.
8. Any civil damages awarded under subsection 7 of this section shall be based on the following:
(1) Veterinary medical expenses;
(2) Retraining expenses;
(3) The cost of temporary replacement services, whether provided by another service dog or by a
person;
(4) Reasonable costs incurred in the recovery of the service dog; and
Page 19 Service Animals Allowed
(5) Court costs and attorney's fees incurred in bringing the civil action under subsection 7 of this
section.
9. The provisions of this section shall not apply if a person with a disability, an owner, or a person
having custody or supervision of a service dog commits criminal or civil trespass.
10. Nothing in this section shall be construed to preclude any other remedies available at law.
209.150. Every person with a visual, aural or physical disability shall have the right to be accompanied
by a guide dog, hearing dog, or service dog, which is especially trained for the purpose, in any of the
places listed in subsection 2 of this section without being required to pay an extra charge for the
guide dog, hearing dog or service dog; provided that such person shall be liable for any damage done
to the premises or facilities by such dog.
Crime of impersonating a person with a disability for the purpose of receiving certain
accommodations, penalty, civil liability.
209.204. Any person who knowingly impersonates a person with a disability for the purpose of
receiving the accommodations regarding service dogs under the Americans with Disabilities Act, 42
U.S.C. Section 12101, et seq., is guilty of a class C misdemeanor and shall also be civilly liable for the
amount of any actual damages resulting from such impersonation. Any second or subsequent
violation of this section is a class B misdemeanor. For purposes of this section, "impersonates a
person with a disability" means a representation by word or action as a person with a disability or a
representation of a dog by word or action as a service dog.
Handicapped persons with white cane or dog, driver to take all necessary precautions--
cane or dog not required to enforce rights, when.
304.080. The driver of a vehicle approaching a person with a visual, aural or physical disability who is
carrying a cane predominantly white or metallic in color, with or without a red tip, or using a guide
dog, hearing dog or service dog shall yield to such pedestrian, and any driver who fails to take such
precautions shall be liable in damages for any injury caused such pedestrian and any injury caused to
the pedestrian's guide dog, hearing dog or service dog; provided that such a pedestrian not carrying
such cane or using a guide dog, hearing dog or service dog in any of the places, accommodations or
conveyances listed in section 209.150 shall have all of the rights and privileges conferred by law upon
other persons.
Trainers of guide, hearing or service dogs, no extra charge for--liability for damages.
209.152. Any trainer, from a recognized training center, of a guide dog, hearing assistance dog or
service dog shall have the right to be accompanied by such dog in or upon any of the premises listed
in section 209.150 while engaged in the training of the dog without being required to pay an extra
charge for such dog. Such trainer shall be liable for any damage done to the premise of facilities by
such dog.
209.190. Every totally or partially blind person who has or obtains a guide dog, every deaf or partially
deaf person who has or obtains a hearing dog, and every physically disabled person who has or
obtains a service dog shall be entitled to full and equal access to all housing accommodations
provided for in this section, and he shall not be required to pay extra compensation for such dog but
shall be liable for any damage done to the premises by such a dog.
Information obtained from Missouri’s Revised Statutes
Page 20 Document Title
What Are the Code of Federal Regulations (CFR) Modifying Your "No
Pets Policy"?
§36.302 Modifications in policies, practices or procedures.
a) General. A public accommodation shall make reasonable modifications in policies, practices
and procedures, when the modifications are necessary to afford goods, services, facilities, privileges or
advantages to people with disabilities, unless the public accommodation can demonstrate that making
the modifications would fundamentally alter the nature of goods, services, facilities, privileges,
advantages or accommodations. . . .
c) Service animals-(1) General. Generally, a public accommodation shall modify policies,
practices, or procedures to permit the use of a service animal by an individual with a disability.
(2) Care or supervision of service animals. Nothing in this part requires a public
accommodation to supervise or care for a service animal.
1
The ADA requires businesses to modify their "no pets" policies, practices and procedures, to allow
service animals accompanied a person with a disability.
1
28 CFR Ch. 1 (7-1-94 Edition) Subpart C §36.302 Nondiscrimination on the Bases of Disability by Public
Accommodations and in Commercial Facilities
Page 21 Service Animals Allowed
If a Service Animal Enters Into Your Business,
What Should Your Employees Ask?
1. Politely ask if their animal is a pet. This gives the person an opportunity to respond
without feeling offended.
Shouting at the person "No dogs allowed" or "get your dog out of here" it's not an appropriate
approach. The ADA does not require people with disabilities to provide businesses with
documentation for their animal. The person with a disability could file a complaint with the
Department of Justice, Civil Rights Section. Also, each state has an agency which investigates
complaints of discrimination. Also, some state laws may have criminal penalties which may include
fines and imprisonment. Punitive damages and penalties may be imposed if the businesses are not
compliant. It's wise to use common courtesy. It's good for business.
NOTE: If an animal has a harness, cape, backpack, tags or special colored collar, this may indicate
the animal is a service animal. However, certification or identification of a service animal wearing any
specialized apparel or harness is not required by the ADA.
2. Ask the person if the animal is for their disability, if you aren't sure if the animal is a
service animal.
Don't assume a person with a service animal does not have a disability just because they do not
appear to have a disability and insist on proof of their disability before admittance into your
business. Disability information is personal.
If a business (public accommodation) denies access because of the presence of a service animal, the
person with a disability could file a complaint with the Department of Justice, Civil Rights
Section. Also, each state has an agency which investigates complaints of discrimination. Also, some
state laws may have criminal penalties which may include fines and imprisonment. Punitive damages
and penalties may be imposed if the businesses are not compliant. To find out if your business is a
public accommodation see list.
It is essential that businesses modify their "no pets" policies, practices and procedures to allow
service animals accompanied by a person with a disability.
Businesses including employee training about service animals would benefit both their business and
their community.
Don't assume all disabilities are visible. Not all disabilities are visible such as: hearing, epilepsy, visual
disabilities, heart condition and physiological/emotional disability.
Page 22 Service Animals Allowed
What If a Service Animal Is Disruptive in Your Business?
There may be a few circumstances when a public accommodation is not required to accommodate a service
animal-that is, when doing so would result in a fundamental alteration to the nature of the business.
Generally, this is not likely to occur in restaurants, hotels, retail stores, theaters, concert halls, and sports
facilities. But when it does, for example, when a dog barks during a movie, the animal may be excluded.
1
NOTE: The person with the disability is responsible for the behavior and/or damage created by their
animal. If a service animal does create a fundamental alteration that jeopardizes the safe operation of your
business, they may be excluded.
Examples:
If a service dog growls and barks at other customers, the service dog may be excluded from your
business.
If a service dog in a restaurant climbs on a customer's lap or eats food from the table the service dog
may be excluded from your business.
The public accommodation should give the individual with a disability who is assisted by a service animal the
option of continuing to enjoy its goods and services without having the service animal on the premises.
(2) Care or supervision of service animals. Nothing in this part requires a public accommodation to
supervise or care for a service animal.
- 28CFR §36.302
The ADA requires businesses modify their "no pets" policies, practices and procedures, to allow service
animals accompanied by a person with a disability. Denying access to a person with a disability accompanied
by their service animal violates federal law.
A person with a disability accompanied by a service animal is a consumer and spends money. Businesses
including employee training about service animals would benefit both their business and their community.
People with disabilities can be your best customers.
1
Department of Justice, Commonly Asked Questions About Service Animals in Places of Business
Page 23 Service Animals Allowed
Service Animal Etiquette
Always speak to the person first.
Do not pet a service dog. Ask the person for permission. The service dog/animal might be distracted
from its work. There are other states that have laws with penalties for such incidents.
Please do not offer food or treats to a service dog. There are other states that have laws with
penalties for such incidents.
Don't bark/whistle at the service dog. It may divert the service dog from its work. Again, there are
other states that have laws with penalties for such incidents.
Please, do not ask questions about the person's disability. People may feel uncomfortable discussing
their disability or their service dog.
If you are afraid of dogs/animals, remove yourself and go to another area.
FINAL NOTE: Service animals are an assisting resource such as a wheelchair, hearing aid or
cane. They are trained to personally assist a person with disabilities and are not considered pets
under federal law.
Emergency Preparedness for Service Animal Owners
I.D. s and Licenses
Make sure your service animals and pets have I.D. tags with both your home telephone number and
that of your primary out-of-town contact person. Make sure your animal’s license is current.
Animal Care Plan
Plan how your pets will be cared for if you have to evacuate. Pets, in contrast to service animals,
may not be allowed in emergency shelters due to health regulations, so have some animal shelters
identified. Contact your local Red Cross chapter or state office of emergency management for
guidance.
Establish relationships with other animal owners in your neighborhood so in case you are not home,
someone will be able to help your animal.
Alternate Mobility Devices
Pets and service animals may become consumed, panicked, frightened or disoriented during and after
a disaster. Keep them confined or securely leashed or harnessed. A leash (or harness) is an
important item for managing a nervous or upset animal. Be prepared to use alternative ways to
negotiate your environment.
Emergency Kit for Service Animals
Page 24 Service Animals Allowed
Assemble a kit for your service animal that will last seven days. Place it in a pack that your animal can
carry (if it is large enough to do so) in case you need to evacuate.
The kit should include:
A bowl for water and food.
A seven-day supply of food.
A blanket for bedding.
Plastic bags and paper towels for disposing of feces.
Neosporin ointment for minor wounds. (Animals can easily get cut after an earthquake; as
your veterinarian if there is anything specific you should include for your animal.)
A favorite toy.
An extra harness.
Checklist
Make sure I.D. tags and license are current.
Create a care plan for your animal.
Be prepared to function without assistance from your animal. Practice emergency drills using
alternate mobility cues.
Assemble an emergency kit for your service animal.
Developed by Independent Living Resource Center, San Francisco, in cooperation with June Kailes, Disability
Consultant, through a grant from The American Red Cross Northern California Disaster Preparedness Network.
Other Service Animal Resources:
Tips for People with Service Animals or Pets American Red Cross’s guide for owners of service
animals during emergencies. (http://www.prepare.org/disabilities/animaltips.htm)
Disaster Preparedness and Response Program American Veterinary Medical Association's guide for pet
and service animal care during emergencies. (http://www.avma.org/disaster/default.asp)
Earthquake Tips for Owners of Service Animals Red Cross's tips for service animals.
(http://www.preparenow.org/eqtanpet.html)
How to Make Points of Service Accessible to Persons with Disabilities Disabled People & Disaster
Planning's guide on emergency services accessibility. (http://www.citycent.com/dp2/service.htm)
Disaster Preparedness for Pets Humane Society of the United States guide on emergency preparedness
planning for pets. (http://www.hsus.org/hsus_field/hsus_disaster_center/resources/
disaster_preparedness_for_pets.html)
Page 25 Service Animals Allowed
Information in this booklet was provided by the
US Department of Justice.
U. S. Department of Justice
ADA Information Line
1-800-514-0301 (voice)
1-800-514-0383 (TTY)
This document is published by the Governor’s Council on Disability.
State of Missouri
Governor’s Council on Disability
PO Box 1668
Jefferson City, MO 65102
1-800-877-8249
http://disability.mo.gov
