Whatisaserviceanimal-IllinoisLegalAid.docVIP

SERVICE ANIMALS UNDER THE ADA By Sarah Price, Equip for Equality This Legal Briefing will discuss current case law and administrative guidance regarding the use service animals under the Americans with Disabilities Act (“ADA”) in public accommodations and as applied to the services, activities, and programs of public entities. It will also cover technical assistance, settlement agreements, and interpretive memoranda set forth by the U.S. Department of Justice (DOJ), the agency authorized by Congress to enforce the ADA, draft the ADA’s corresponding administrative regulations, investigate complaints, initiate and mediate complaints, and monitor settlement agreements. The DOJ’s interpretive memoranda, Commonly Asked Questions About Service Animals in Places of Business (DOJ Guidance) and the ADA Business Brief: Service Animals (DOJ Business Brief) have been relied upon by courts when reviewing service animal cases and as a means to understand how the enforcement agency interprets the ADA and its corresponding regulations. Note that challenges brought under the ADA regarding service animals are highly fact specific, often requiring a case-by-case inquiry into the details of the individual’s needs as a person with a disability, the services that an animal provides, the defendant’s policies, practices, or procedures that give to rise to the alleged discrimination, and any defenses raised by the defendant. WHAT IS A SERVICE ANIMAL? A “service animal” is 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. 28 C.F.R. § 36.104. The ADA does not limit the kind of animal that can provide service or the types of tasks or work a service animal can