1.  Congress did not grant Americans the use of service animals with the passage of the Americans with Disabilities Act or the ADA Amendments Act.

In 1990, the United States Congress passed 42 USC §§ 12101 collectively and commonly known as the Americans with Disabilities Act (ADA).  Following a Supreme Court’s narrowing of the interpretation of a disability, Congress amended 42 USC §§ 12102 the ADA Amendments Act (ADAAA) expanding the definition of disabled in 1998.   The text of both laws lack the term “service animal”, “service dog” or any variation.

In the United States, the Congress makes the laws, but the Executive branch of government enforces the laws.  As such, the 14 Cabinet level departments reporting to the President, published regulations for enacting the 1990 ADA and the 1998 ADAAA.  It is at this level that civil rights of a disabled American utilizing a service animal are defined and granted protections.   It’s also the source of confusion as the Department of Justice’s regulations vary from the Department of Housing and Urban Development and etc.

So, anyone claiming that Congress granted the rights for their service animals with the passage of the ADA or ADAAA is wrong.

2.  Service Dogs in Training (SDiT) are not Service Dogs.

The 14 Cabinet departments of the Executive division independently publish their regulations on areas of enforcement of the Americans with Disabilities Act (ADA) and the Americans with Disabilities Amendments Act (ADAAA) under their responsibilities.

However, the vast majority of action falls under Title II and Title III, also called Subchapters II and III which are exclusively managed by the Civil Rights division of the U.S. Department of Justice.  Title II (a.k.a. Subchapter II) covers public services offered by state and local governments.  Title III (a.k.a Subchapter III) covers Public Accommodations and Commercial Facilities (a.k.a. Public Access).

The United States Department of Justice (DOJ) has published regulations and guidance that the civil rights of ADA/ADAAA Title II and Title III only extend to disabled Americans utilizing a dog (or mini-horses) that has undergone specific training to provide direct assistance to the handler’s limitation.   Animals that are still under going training are not given the civil rights protections of ADA/ADAAA Title II or Title III according to the Department of Justice.

While SDiTs lack civil rights under federal regulations, many states have extended protections on the local level.   Even those states granting SDiT civil rights may place restrictions on their use such as only for specific disabilities or only when being trained by a third-party non-profit school.   Check local laws to know if your SDiT has any civil rights.

3.  Residential Housing civil rights protections are not absolute or automatic.

The Americans with Disabilities Act or ADA Amendments Act do not cover residential housing.   Prior to the ADA, Congress passed the Fair Housing Act (FHA) in 1968, adding disability as a protected class in 1988.  Similarly, the text of the Fair Housing Act does not include “service animal,” “service dog” or any variation.   It is with the implementing regulations published by the Department of Housing and Urban Development (HUD) that disabled Americans could have additional civil rights.

Unlike ADA’s Title II and Title III regulations published by the Department of Justice which are absolute and automatic, the HUD regulations for FHA are neither absolute or automatic.

HUD is simply not empowered to regulate all private residential housing.  Thankfully, HUD’s management reach covers most residential properties.  If the location receives any federal funding (Rehab Act, Section 8, etc.) or the property is represented by a licensed agent, it falls under HUD management.  Multifamily dwellings (apartments) with more than 4 units are covered.  Some single family homes can be covered.  Housing at private clubs or owned by religious organizations are excluded.

If the residential property is subject to HUD regulations, the civil rights for a disabled American are not automatically granted.   If needed, the prospective disabled tenant must a written request of the property management for a “reasonable accommodation” to be made to the standard policies.  For example, not pets, pet deposits or breed restrictions.   The request should include supporting medical documentation of the disability and the prescription of a service animal to mitigate the limitations of the disability.   The property management must be given a reasonable (~30 days) amount of time to consider the request.  Until approved by property management, the disabled tenant should not exceed the terms of any existing contract (don’t bring the animal into the house).   The request maybe legally denied for under limited reasons.  If the disabled tenant disagrees with the decision, the civil rights division of Department of Housing and Urban Development (HUD) can then investigate and apply the regulations correctly.

4.  ADA Public Access has legal exemptions.

What is commonly referred to as “public access” is in fact the regulations published by the Department of Justice for enacting Title III of the Americans with Disabilities Act (ADA/ADAAA).  This part applies to any (1) public accommodation; (2) commercial facility; or (3) private entity that offers examinations or course related to applications, licensing, certifications or credentialing for secondary or post secondary education, professional or trade purposes.

However, the courts have consistently ruled that public access does not apply to any private club (except to the extent that the facilities of the private club are made available to customers or patrons of a place of public accommodation) or to any religious entity. 

For ADA, commercial facilities do not include aircraft or railroad cars, commuter cars or intercity passenger rail cars.  However, these situations are covered under separate law and regulations from the Department of Transportation.

A place of public accommodation, a facility operated by a private entity whose operations affect commerce includes:

1. Place of lodging, except for an establishment located within a facility that contains not more than 5 rooms for rent
2. A restaurant, bar or other establishment serving food and drink
3. A motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment
4. An auditorium, convention center, lecture hall, or other place of public gathering
5. A bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment
6. A laundromat, dry-cleaner, barber shop, beauty shop, travel servic, 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
7. A terminal, depot or other station used for specified transportation
8. A museum, library, gallery, or other place of public display of collection
9. A park, zoo, amusement park, or other place of recreation
10. A nursery, elementary, secondary, undergraduate or postgraduate private school or other place of education
11. A day care center, senior citizens center, homeless shelter, food bank, adoption agency, or other social service
12. A gymnasium, health spa, bowling alley, golf course or other place of exercise or recreation

5.  Service Animal fraud is real… and costly.

Today, in the United States, the average American household is more likely to have a dog (60.2%) than a child(ren) younger than 18 years old (41.4%).  With a shrinking size of the average household. more than ever, these beloved pets are often considered members of the family.

The use of a service animals to mitigate the mental, physical or sensory limitations of disabled Americans is an increasing alternative to traditional solutions.  To discourage harassment of disabled Americans, under the regulations for the Americans with Disabilities Act, these working animals are not required to be certified, licensed or wear special identifying gear.

Sadly, there is a growing digital cottage industry driven by greed and fueled by viral social media posts. Purchasing items online (letters, certifications, identification cards, vests, gear, etc.) to empower a family pet to go into no-pet areas is disability fraud.  These items and their sellers, offer no true legal protections.  At best, they are placebos.  At worst, the individual can be held accountable by civil damages and criminal charges.  

Anyone who says service animal fraud is a victim less crime must be completely ignorant on the subject.  The negative interactions fraudulent service dogs have with the public harm the general perception of the true needs and life enabling services legitimate service dogs provide their handlers.