Service Animal Basics in California

Let's be clear. The general policy of the Americans with Disabilities Act (ADA) and the California Unruh Civil Rights Act (Unruh) is that disabled people are to be granted full and complete access to public facilities. If a disabled person requires the use of a service animal, the service animal is granted that same level of access.

Businesses are required to allow service animals into public accessible facilities. Businesses must accommodate disabled patrons utilizing service animals.

Service animals are dogs that are individually trained to do work or perform tasks for people with disabilities. Service animals recognize and respond to the needs of their owner.

Examples of functions that service animals perform included, but are not limited to:

• Guiding vision impaired
• Alerting hearing impaired
• Pulling wheelchair
• Retrieving items
• Stability and ambulation
• Alerting or protecting person having seizure
• Reminding person to take medication
• Calming person with Post-Traumatic Stress Disorder during an anxiety attack
• Preventing or interrupting impulsive or destructive behavior
• Removing disoriented individuals from dangerous situations

The US Department of Justice has consistently stated in regulations, rulemaking commentary, and official department guidance that a service animal within the meaning of the ADA must be individually trained to perform tasks related to an individual's disability, but the animal need not be formally certified. The test is a functional one: can the dog consistently help the person with a disability meet the challenges of life by assisting in the person's activities of daily living?

What is NOT Required from a Service Animal

A service animal handler is not required to "prove" that they are disabled. Asking that question is itself a violation of the law. Nor does a service animal have to be accompanied by "papers" or other documentation.

A business is allowed only inquire about whether the handler requires a service animal because of a disability and to ask what task the service animal has been trained to perform. That's it.

As someone that uses a service animal, you should be prepared to answer those two questions. If a business persists, you should inform them that they are not allowed additional questions under the ADA. If it further becomes a problem, contact a lawyer immediately!

Disallowing a Service Animal

A business is allowed to disallow access to service animal only if the service animal poses a direct threat to the business or allowing the service animal would fundamentally alter the nature of the facility or the service offered.

Before disallowing access to a service animal, the business must perform an individualized assessment. In other words, a generalized policy against service animals is not acceptable under the law.

Service Animal Rules

It goes without saying that a service animal must be under the handler's control at all times.

This can be accomplished by:

• Harness
• Leash
• Tether
• Voice control
• Motion / signal control
• Other effective controls

Miniature Horses are Service Animals Too!

While dogs are usually thought of as a service animal, the law specifically allows miniature horses to qualify as a service animal. The same general rules that apply to dogs also apply to miniature horses.