06/20/2021
Wondering if your 80 lb German Shephard "Emotional Support Animal" has to be let into a hotel? The answer, my friend, may surprise you....
What is a service animal?
The ADA defines a service animal as any dog or a miniature horse whose work or tasks are directly related to the individual’s disability. If the animal meets this definition, the animal is considered a service animal under the ADA, regardless of whether the animal has been licensed or certified by a state or local government.
A service animal is not a pet. Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. Visual guide dogs are one type of service animal most people are familiar with, but there are service animals that assist persons with other kinds of disabilities in their day-to-day activities.
Some examples include:
Alerting persons with hearing impairments to sounds,
Pulling wheelchairs or carrying and picking up things for persons with mobility impairments, and
Assisting persons with mobility impairments and balance.
Are emotional support animals covered under the ADA?
There is sometimes confusion on the topic of emotional support animals because different disability laws such as the Air Carrier Access Act and the Fair Housing Act treat emotional support animals differently from the ADA. Technically, an animal whose sole function is to provide emotional support, comfort, therapy, companionship, etc. is not a “service animal” under the ADA. However, keep in mind that an emotional support animal may also provide physical assistance to a guest with a physical disability.
If the guest states that his/her dog is an “emotional support” animal, you could respond as follows:
If you have a service dog covered by Title III of the Americans with Disabilities Act, we are happy to accommodate you and your service animal. So that we may better meet your needs, can you please provide us with the following information:
Is the dog a service animal required because of a disability?, and
What work or task has the dog been trained to perform?
If your dog is not a service animal covered by Title III of the ADA, our hotel’s usual pet policy will apply.
How can I tell if an animal is really a service animal and not just a pet?
Some service animals wear special collars and harnesses. However, the absence of a special collar or harness does not mean the animal is not a service animal covered under the ADA.
If you are not certain that an animal is a service animal, you may ask the guest if a service animal is required because of a disability, and you may ask the guest what work or tasks the animal has been trained to perform.
However, you may not require the guest to provide documentation as a condition for providing service to an individual accompanied by a service animal. There is not required a federal or state identification card that shows an animal is certified as a service animal. Accordingly, you may not insist on proof of certification before permitting the service animal to accompany the person with a disability.
What must a hotel operator do when an individual with a service animal comes to my lodging property?
The service animal must be permitted to accompany the individual with a disability to all areas of the facility where customers are normally allowed to go. An individual with a service animal may not be segregated from other customers, and the lodging operator may not discriminate against the guest
