Rights Of Individuals With Disabilities Who Use Service Animals

The Americans With Disabilities Act (ADA)

The Arizonans With Disabilities Act (AzDA)

Section 504 of the Rehabilitation Act of 1973

A.R.S. 11-1024 Federal and state Fair Housing Acts Air Carrier Access Act (ACAA)

ADA Definition of a “Service Animal”

“Service animal means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.”

Title II of the ADA:

42 U.S.C. Part 12131 Regulations promulgated by the U.S. Department of

Justice implementing Title II of the ADA: 28 C.F.R. Part 36.

At 28 C.F.R. 36.130(B)(7): “A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.”

State and Local Governmental Entities

Arizona’s Service Animal LawA.R.S. 11-1024 ARS 11-1024 reads in part: Any person

or entity that operates a public place shall not discriminate against individuals with disabilities who use service animals.

Further: Any trainer or individual with a disability may take an animal being trained as a service animal to a public place for purposes of training it to the same extent as provided in subsections A, B and C of this section.

Section 504 of the Rehabilitation Act of 1973

Regulations at 29 U.S.C. Part 794: “No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service…”

Title III of the ADA:

42 U.S.C. Part 12181 Regulations promulgated by the U.S. Department of

Justice implementing Title III of the ADA: 28 C.F.R. Part 36.

28 C.F.R. 36.202(2)(C)(1): “Generally, a public accommodation shall modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability.”

Places of Public Accommodation

Federal Fair Housing Act

Regulations at 24 C.F.R. Part 100 24 C.F.R. 100.204(a): “It shall be unlawful for

any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and common use areas.”

Arizona Fair Housing Act

Regulations at A.R.S. Part 41.1491 A.R.S. Section 41.1491.19(E)(2):

Discrimination includes “A refusal to make reasonable accommodations in rules, policies, practices or services if the accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling.”

Air Carrier Access Act

Regulations at 14 C.F.R. Part 382 At 14 C.F.R. Section 382.55(a),

“Carriers shall permit dogs and other service animals used by persons with a disability to accompany the persons on a flight.”

Common Misconceptions About Service Animals

A service animal is NOT a pet.

There are several different types of service animals – dogs are only one of many.

Service animals are NOT required to be “certified.”

If you are denied access with your service animal…

A service animal may be excluded if it poses a “direct

threat” to the health or safety of others, or fundamentally alters the nature of the program or service.

Educate, educate, educate… share documentation and information about service animals.

An individual may ask whether your animal is a service animal, and what tasks it performs, but may NOT inquire further about your disability or ask for identification or certification documents, or other “proof” that your animal is a service animal.

Remedies Available For Discrimination

Complaints can be filed with the U.S. Department of Justice, U.S. Attorney’s Office, U.S. Department of Transportation, U.S. Department of Education, U.S. Department of Housing and Urban Development on the federal level and, on the state level, the Arizona Attorney General’s Office.

Assistance from the Center

If you need direct assistance with a legal issue based on your disability, please call the Center’s Short Term Assistance Team (STAT) for help. STAT’s hours of operation are Monday, Tuesday, Thursday and Friday from 9:00 a.m. – 1:00 p.m.

And Remember, Service Animals Are People Too!