Persons with disabilities requiring the use of service or assistance animals are protected from discrimination
Venue
Relevant Civil Rights Law
Privately-Owned Housing
Fair Housing Act
Places of Public Accommodation including privately-owned/operated Colleges and Universities
Title III of the Americans with Disabilities Act
State and Local Government Programs and Activities including publicly-owned/operated Housing, Colleges, and Universities
Title II of the Americans with Disabilities Act;
Section 504 of the Rehabilitation Act of 1973
Public Transportation
Title II of the Americans with Disabilities Act
Privately-Operated Transportation, e.g., Hotel Shuttles, Taxicabs
Title III of the Americans with Disabilities Act
Air Travel
Air Carrier Access Act
Workplace
Title I of the Americans with Disabilities Act
Where a service animal might be validly excluded from entry, the decision should be made by a qualified person. A security guard in a hospital would not be qualified to deny a person using a service animal from entering. Someone from infection control, for example, would be qualified.
The Americans with Disabilities Act supercedes state laws unless state law is more stringent.
Prepared September 2008
