Public Entity & Civil Rights Litigation

As a place of public accommodation, you may face questions concerning the use of service animals in your establishment. The Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (NJLAD) specifically permit access to service animals in all places of public accommodation. This guide is designed to answer all of the important questions you may have relating to the use of service animals. 

What is a service animal? 
According to Title II and III of the ADA, a service animal is defined as a dog or miniature horse that is individually trained to do work or perform tasks for an individual with a disability. Service animals can benefit individuals with a wide range of disabilities, including a physical, sensory, psychiatric, intellectual or other mental disability. 

What tasks can a service animal perform? 
Some tasks include: assisting individuals who are blind or have low vision with navigation; alerting a person with hearing loss to a sound; assisting an individual during a seizure; reminding a person to take a medication; providing physical support with balance and stability, etc.

How can I confirm whether it is a service animal? 
When it is not obvious what service an animal provides, an establishment may only 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? 

Can I ask for medical documentation or proof of training for the service animal? 
No. You are not permitted to request medical documentation evidencing a disability or proof of training for the service animal. Service animals are not required to attend a specific certification or training course to be considered a bona fide service animal. Service animals are not required to wear an approved vest indicating that the animal is a service animal. 

Does a dog need to be registered as a service animal? 
No. There is not a central database of approved “service animals” under the ADA or NJLAD. There is no regulatory oversight of service animal training programs by state or federal government. 

Where can a service animal go? 
Anywhere the general public is permitted to go, including restaurants, classrooms, school buses and school grounds. See N.J.S.A. § 18A:46-13.2-13.3 and the ADA. The service animals must remain with their handler at all times. Furthermore, the service animal must be harnessed, leashed or tethered, unless the individual’s disability prevents using these devices or they interfere with the service animal’s safe, effective performance of tasks. 

There are some circumstances where the presence of a service animal can pose a direct threat to others or change the fundamental nature of the business and, therefore, the service animal can be excluded. For example, a service animal may be excluded from a zoo where the animals on display are the natural prey or natural predators of dogs. Additionally, a service animal may be excluded from a sterile operating room in a hospital. 

When can you exclude a service animal? 
A service animal can be removed from the premises if: (1) the animal is out of control and the animal’s handler does not take effective action to control the animal, or (2) the animal 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.