Question: I own a small bookstore and I have noticed more and more individuals bringing their dogs into my business with them. When I tell them that pets are not allowed they tell me that it is a service animal and the Americans with Disabilities Act requires that I allow the animal into the business. What rights do I have as a business owner? Do I have to allow the animal into my store? Can I ask what their disability is?

Answer: Under the ADA, businesses and organizations that serve the public must allow people with disabilities to bring their service animals into all areas of the facility where customers are normally allowed to go. This federal law applies to all businesses open to the public, including restaurants, hotels, taxis and shuttles, grocery and departmental stores, hospitals and medical offices, theaters, health clubs, parks, and zoos.

The ADA defines a service animal as any guide dog, signal dog, or other animal 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 are trained to perform tasks for people with disabilities such as guiding people who are blind, protecting a person who is having a seizure, or performing other special tasks.

Service animals are working animals, not pets. An owner or operator of a place of public accommodation should keep in mind the following when dealing with someone who has identified their animal as a service animal:

• Businesses may ask if an animal is a service animal or ask what tasks the animal has been trained to perform, but cannot require special ID cards for the animal or ask about the person's disability.
• People with disabilities who use service animals cannot be charged extra fees, isolated from other patrons, or treated less favorably than other patrons. However, if a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may be charged for damage caused by his or her service animal.
• A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the animal is out of control and the animal's owner does not take effective action to control it (for example, a dog that barks repeatedly during a movie) or (2) the animal poses a direct threat to the health or safety of others.
• In these cases, the business should give the person with the disability the option to obtain goods and services without having the animal on the premises.
• Businesses that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises.
• A business is not required to provide care or food for a service animal or provide a special location for it to relieve itself.
• Allergies and fear of animals are generally not valid reasons for denying access or refusing service to people with service animals.

The Great Lakes ADA Center disseminates publications related to all aspects of the ADA to inform and raise awareness of disability issues and to foster voluntary compliance with the ADA. The Great Lakes ADA Center disseminates materials including posters, regulations and technical bulletins on various ADA topics.