Service animal

The ADA (Americans with Disabilities Act of 1990) in the United States defines a service animal as "a dog that is individually trained to do work or perform tasks for an individual with a disability." Emotional support animals do not qualify as service animals under the ADA.[6]

From the year it became active, that is, 1990, ADA inhibits any kind of discrimination against disabled Individuals. Although even before this, the Fair Housing section of the Civil Rights Act of 1964 also protects disabled individuals, the ADA solely focuses on discrimination based on disability. The scope of the American Disabilities Act is vast as it not only inhibits discrimination by the housing authorities but also covers the areas related to employment, transportation, education, etc.

There are different authorities that keep checking that ADA is wholly followed in the United States. For example, the U.S. Equal Employment Opportunity Commission (EEOC) ensures that there is no discrimination against disabled employees in the country. Whereas the Department of Transportation, with its full potential, makes sure that public vehicles and related services are comfortable for disabled individuals.

No state, local government, business, enterprise, or non-profit organization can discriminate against disabled individuals or deny their request to keep their service animals with them.

In 1988, the Federal Fair Housing Amendment Act illegalized discrimination against individuals based on their disability. For that very reason, the housing authorities are obliged to approve the reasonable accommodation request of the disabled individuals, considering the reasonable accommodation helps the disabled tenant enjoy the dwelling as much as a non-disabled individual. The reasonable accommodation is more of a change, adjustment, or exception to ongoing policy only for individuals with a disability.

Following this, a disabled individual can demand a reasonable accommodation request for an assistance animal. The assistance animal can be a trained service animal or Emotional Support Animal.[7]

No matter the breed, type, size, or weight of these Assistance Animals, the landlord has to allow them in the housing even if they follow a no-pet policy. In accordance with this Fair Housing Act, the Landlords cannot ask for any extra charges for allowing both Service Animal and Emotional Support Animals in the rental housing.[8]

Basically, the Leasing agents, Individuals selling their homes, Financial institutions, Real estate agents, Rental managers, Contractors, developers, etc., that are either selling or leasing a housing property are obliged to follow the Fair Housing Act. If any of these forbid this law, they are answerable to the US Department of Housing and Urban Development (HUD.)

In the United States, the Americans with Disabilities Act of 1990 prohibits any business, government agency, or other organization that provides access to the general public from barring guide dogs. However, religious organizations are not required to provide such access. Current federal regulations define "service animal" for ADA purposes to exclude all species of animals other than domestic dogs and miniature horses.[3] Other laws, though, still provide broader definitions in other areas. For instance, the Department of Transportation's regulations enacting the Air Carrier Access Act permit "dogs and other service animals" to accompany passengers on commercial airlines.[11] However, since December 2020 the U.S. Department of Transportation does not include emotional support animals in the definition of service animals in the Air Carrier Access Act.[12][13] The Fair Housing Act requires housing providers to permit service animals (including comfort and emotional support animals) without species restrictions in housing.[14]

The revised Americans with Disabilities Act of 1990 requirements are as follows: "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. 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."[15]

However, businesses may exclude service animals when the animals' presence or behavior "fundamentally alters" the nature of the goods, services, programs, or activities provided to the public.[16] The ADA states that a service animal may only be removed from the premises if the dog is out of control of the handler or the dog is not housebroken. Service animals are to be kept under control by wearing a leash, harness, or tether unless it would interfere with the animal's ability to perform its tasks. Housebroken means the service animal to be adequately trained to go outside to urinate and defecate.[9] This could include exclusion from certain areas of zoos where a dog's presence could disrupt the animals' behavior or where there is open access to the animals, or if a service dog's alert behavior is barking, its behavior could be considered fundamentally altering the service provided by a movie theater.

Staff are legally allowed to ask the following questions about service animals: (1) "Is the dog a service animal required because of a disability?" and (2) "What work or task has this animal been trained to perform?" Staff cannot request documentation, ask about the handler's disability, or require the animal to perform its tasks.

Other rules relating to service dogs outlined by the ADA:[6]

• Staff cannot deny service for reasons such as allergies or fear of dogs
• Staff cannot charge handlers extra fees because of a service animal
• Hotels must provide handlers the ability to reserve any room, not just rooms deemed "pet-friendly"
• Staff are not responsible for supervising a service animal
• Dog may be of any breed

• In most South American countries and Mexico, guide dog access depends solely upon the goodwill of the owner or manager. In more tourist-heavy areas, guide dogs are generally welcomed without problems. In Brazil, however, a 2006 federal decree[17] requires allowance of guide dogs in all public and open to public places. The Federal District Metro has developed a program which trains guide dogs to ride it.
• In Europe, the situation varies by location. Some countries have laws that govern the entire country and sometimes the decision is left up to the respective regions.
• In Australia, the Disability Discrimination Act 1992 protects all assistance dog handlers. Current laws may not ensure that assistance dog users can always have their service animals present in all situations. Each state and territory has its own laws, which mainly pertain to guide dogs. Queensland has introduced the Guide Hearing and Assistance Dog Act 2009[18] that covers all certified assistance dogs.
• In Canada, guide dogs along with other service animals are allowed anywhere that the general public is allowed, as long as the owner is in control of them. Fines for denying a service animal access can be up to $3000 in Alberta, Canada.[19] There are separate laws for service dogs in Alberta, British Columbia, Nova Scotia, and Ontario.[20]
• In South Korea, it is illegal to deny access to guide dogs in any areas that are open to the public. Violators are fined for no more than 2 million won.[21]
• In Japan, the Act on Assistance Dogs for Physically Disabled Persons was issued in 2002. The stated goal of this act was to improve the quality of "assistance dogs for physically disabled persons" and expand the use of public facilities by physically disabled people.[22] Assistance dogs are classified as either guide dogs, hearing dogs, or service dogs. Public transportation, public facilities, offices of public organisation, and private businesses of 50 or more people are required to accept assistance dogs. Private housing and private businesses with less than 50 people are encouraged but not required to accept assistance dogs.[23]

A miniature horse can be trained to guide the blind,[25] to pull wheelchairs, or as support for persons with Parkinson's disease.

A full-grown miniature horse can vary from 26" to 38". There are two main registering organisations. The American Miniature Horse Association limits height to 34" whereas the American Miniature Horse Registry has a division for horses 34" to 38".[26]

There are a number of advantages of miniature horses as service animals. Miniature horses may be chosen by people whose religion considers dogs to be unclean or who have serious allergies to dogs, as well as phobias. Miniature horses have average lifespans of 30–40 years (longer than those of both service dogs and monkeys) and take 6 months to a year of training, done only by professional trainers.[27]

Guide horse users report they typically are immediately recognised as a working service animal, whereas a dog may be mistaken for a pet. Miniature horses have been praised for their excellent range of vision (350 degrees), good memories, calm nature, focused demeanor, and good cost-effectiveness.[28]

A U.S. TSA agent inspects a service monkey before a flight.

A helper monkey is a type of assistance animal, that is specially trained to help people with quadriplegia, severe spinal cord injuries, or other mobility impairments, similar to a mobility assistance dog.

Helper monkeys are usually trained in schools by private organisations, taking seven years to train, and are able to serve 25–30 years (two to three times longer than a guide dog).[29]

After being socialised in a human home as infants, the monkeys undergo extensive training before being placed with an individual needing assistance. Around the house, the monkeys assist in daily living by doing tasks including microwaving food, washing their human's face, and opening drink bottles.

In 2010, the U.S. federal government revised its definition of service animal under the Americans with Disabilities Act (ADA). Non-human primates are no longer recognised as service animals under the ADA.[30] The American Veterinary Medical Association does not support the use of non-human primates as assistance animals because of animal welfare concerns, the potential for serious injury to people, and risks that primates may transfer dangerous diseases to humans.[31]