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Pennsylvania Office of Attorney General
Speaks on guide animal rights
The
Pennsylvania Attorney General office notes that violating guide
animal rights is a crime under the Pennsylvania Human Relations
Act and Pennsylvania Crimes code. This supplements existing
Federal Law and could lead to the arrest and criminal
conviction of violators.
The Pennsylvania Office of Attorney General has enforcement
Responsibilities under laws that protect the rights of individuals
with disabilities. This document provides specific information
about the requirements for protecting the legal rights of our
fellow citizens with disabilities who use service animals.
This document was prepared jointly with the U.S. Department of
Justice to provide businesses with information about the law and
to encourage Voluntary compliance. I hope you will share this
information with your membership and/or staff and encourage them
to learn about their responsibilities.
Mike
Fisher
Attorney General
Q: What are the laws that apply to my business?
A: Under the Americans with Disabilities Act (ADA), privately
owned businesses that serve the public, such as restaurants,
hotels, retail stores, taxicabs, theaters, concert halls, and
sports facilities, are prohibited from discriminating against
individuals with disabilities. The ADA requires these Businesses
to allow people with disabilities to bring their service animals
onto business premises in whatever areas customers are generally
allowed.
Under Pennsylvania law, individuals with disabilities who use
guide or support animals or trainers of such animals are entitled
to equal opportunity in all aspects of employment, as well as
equal access to and treatment in all public accommodations, and
any housing accommodation or commercial property without
discrimination. Violation of this law may result in an award of
damages or other remedies pursuant to the Pennsylvania Human
Relations Act. 43 P.S. § 953.
Additionally, under Pennsylvania law, an owner, manager, or
employee of a theater, hotel, restaurant or other place of public
accommodation may Violate the Pennsylvania Crimes Code if he or
she denies access to an individual with a disability who is using
a guide, signal, or service dog. 18 Pa. C.S.A. § 7325.
Q: What is a service animal?
A: 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 perform some of the functions and tasks that the
Individual with a disability cannot perform for him or herself.
"Seeing eye dogs" are one type of service animal, used by some
individuals who are blind. This is the type of service animal with
which most people are familiar. 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.
·
Assisting
persons with mobility impairments with balance.
·
A service
animal is not a pet.
Q: What must I do when an individual with a service animal comes
to my business?
A: 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.
Q: I
have always had a clearly posted "no pets" policy at my
establishment. Do I still have to allow service animals in?
A: Yes. A service animal is not a pet. The ADA requires you to
modify your "no pets" policy to allow the use of a service animal
by a person with a disability. This not mean you must abandon your
"no pets" policy altogether but simply that you must make an
exception to your general rule for service animals.
Under the Pennsylvania Human Relations Act, you also will need to
make an exception for trainers of service animals.
Q: How can I tell if an animal is really a service animal and not
just a pet?
A: Some, but not all, service animals wear special collars and
harnesses. Some, but not all, are licensed or certified and have
identification papers. If you are not certain that an animal is a
service animal, you may ask the person who has the animal if it is
a service animal required because of a disability.
However, an individual who is going to a restaurant or theater is
not likely to be carrying documentation of his or her medical
condition or disability. Therefore, such documentation generally
may not be required as a condition for providing service to an
individual accompanied by a service animal. Although a number of
states have programs to certify service animals, you may not
insist on proof of state certification before permitting the
service animal to accompany the person with a disability.
Q:
Am I responsible for the animal while the person with a disability
is in my business?
A: No. The care or supervision of a service animal is solely the
responsibility of his or her owner. You are not required to
provide care or food or a special location for the animal.
Q:
Can I charge maintenance or cleaning fee for customers who bring
service animals into my business?
A: No. Neither a deposit nor a surcharge may be imposed on an
individual with a disability as a condition to allowing a service
animal to accompany the individual with a disability, even if
deposits are routinely required for pets.
However, a public accommodation may charge its customers with
disabilities if a service animal causes damage so long as it is
the regular practice of the entity to charge non-disabled
customers for the same types of damages. For example, a hotel can
charge a guest with a disability for the cost of repairing or
cleaning furniture damaged by a service animal if it is the
hotel's policy to charge when non-disabled guests cause such
damage
Q: I
operate a private taxicab and I don't want animals in my taxi;
they smell, shed hair and sometimes have "accidents." Am I
violating the ADA if I refuse to pick up someone with a service
animal?
A: Yes. Taxicab companies may not refuse to provide services to
individuals with disabilities. Private taxicab companies are also
prohibited from charging higher fares or fees for transporting
individuals with disabilities and their service animals than they
charge to other persons for the same or equivalent service.
In addition, under the Pennsylvania Human Relations Act, these
prohibitions against discriminatory treatment would also apply to
protect the trainers of service animals.
Q: What if a service animal barks or growls at other people, or
otherwise acts out of control?
A: You may exclude any animal, including a service animal, from
your facility when that animal's behavior poses a direct threat to
the health or safety of others. For example, any service animal
that displays vicious behavior towards other guests or customers
may be excluded. You may not make assumptions, however, about how
a particular animal is likely to behave based on your past
experience with other animals. Each situation must be considered
individually.
Although a public accommodation may exclude any service animal
that is out of control, it should give the individual with a
disability who uses the service animal the option of continuing to
enjoy its goods and services without having the service animal on
the premises.
Q: Can I exclude an animal that doesn't really seem dangerous but
is disruptive to my business?
A: There may be a few circumstances when a public accommodation is
not required to accommodate a service animal - that is, when doing
so would result in a fundamental alteration to the nature of the
business. Generally, such disruption is not likely to occur in
restaurants, hotels, retail stores, theaters, concert halls, and
sports facilities. But when it does, for example, when a dog barks
during a movie, the animal can be excluded.
Q: My county health department has told me that only a seeing eye
or guide dog has to be admitted. If I follow those regulations, am
I violating the ADA?
A: Yes, if you refuse to admit any other type of service animal on
the basis of local health department regulations or other state or
local laws. The ADA provides greater protection for individuals
with disabilities and so it takes priority over the local or state
laws or regulations.
If you have further questions about service animals or other
requirements of the ADA, you may call the U.S. Department of
Justice's toll-free ADA Information Line at 800-514-0301 (voice)
or 800-514-0383 (TDD). In addition, you may call the Pennsylvania
Office of Attorney General at (717) 787-0822 or the Pennsylvania
Human Relations Commission at (717) 787-4410.
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