• When is a pet not a pet? When it's a service animal. Denying access to a service dog is the same as denying access to an individual with disabilities, and doing so will get you into hot water. Understanding your legal responsibilities toward customers with disabilities will help you avoid lawsuits. And, perhaps more importantly, it'll earn you your customers' loyalty.
  
  

Applicable U.S. Regulations

• In the United States, the Americans With Disabilities Act (ADA) requires all "privately owned businesses that serve the public" to allow service dogs and other service animals onto business premises wherever customers would be allowed. People assisted by service dogs may not be segregated from other customers.
  
  

Definition of Privately Owned Businesses

• The ADA defines "privately owned businesses that serve the public" to include restaurants, hotels, retail stores, taxicabs, theaters, concert halls and sports facilities.
  
  

Definition of Service Animals

• Service animals are those individually trained to provide assistance to a person with a disability. This includes guide dogs for the blind, dogs who aid persons with hearing impairments, and dogs trained to help persons with mobility impairments by pulling wheelchairs, picking up and carrying objects and assisting with balance.
  
  Under the ADA, all service animals, not just dogs, must be admitted.
  
  

Identifying Service Animals

• Most service dogs wear special collars and harnesses to identify them as service animals, not pets. However, these are not required. When in doubt, ask. If a customer states that his or her dog is a service animal, you must allow access.
  
  You may not require document proof of service animal status. People with service dogs cannot be realistically expected to carry such documents with them everywhere. Additionally, the ADA protects service animals' access regardless of licensing or certification.
  
  

Dogs Not Considered Service Dogs

• Therapy dogs, whose function is generally to visit hospitals and other care facilities to cheer up patients, are not covered by the ADA. Businesses are not legally required to accommodate therapy dogs.
  
  

Businesses With Pet Prohibitions

• Service animals are not to be considered pets. Private establishments may retain a "no pets" policy, but they must make exceptions for service animals.
  
  

Fees and Surcharges

• The ADA forbids businesses to charge special fees for service animal access. For example, taxicab companies may not charge higher fares to transport individuals accompanied by service dogs, nor may hotels require a deposit or surcharge as they might if the animal was a pet.
  
  A public accommodation whose regular practice is to charge non-disabled guests for repair or cleaning may apply this practice when service animals cause damage.
  
  

Revoking Access in Case of Bad Behavior

• If a service dog's behavior poses a direct threat to others' health or safety, you may revoke that animal's access to your premises. You are also not required to provide accommodation should doing so "result in a fundamental alteration to the nature of the business," according to the ADA. In other words, a theater owner is not obliged to accommodate a service dog who barks during a movie. You must continue providing access to the individual whom that animal was accompanying when the service animal will not be on the premises.
  
  Service animals may not be excluded on just the presumption that bad behavior is likely. The individual animal must have actually demonstrated a direct threat or disruption first.
  
  

Responsibility for Service Dogs

• Business owners are not responsible for the care or supervision of service animals; this is solely the responsibility of the service animal's owner.