Service Animals v. Emotional Support Animals – Part 2

May I ever ask a person with a service animal to leave my place of business?

Under the Americans with Disabilities Act (ADA) in the United States, service dogs are granted specific rights to accompany their handlers in public places, including businesses. Businesses are generally not allowed to ask someone with a service dog to leave except in very limited circumstances. Here are the situations in which a business owner or staff may ask someone with a service dog to leave:

1. Behavioral Issues:

• If the service dog is not under the control of its handler and displays disruptive or aggressive behavior that poses a direct threat to the health or safety of others, the business owner may ask the individual to remove the dog.

2. Uncontrolled Barking or Aggressive Behavior:

• If the service dog is not behaving appropriately and the handler does not take effective action to control the dog, the business owner may ask them to leave.

3. Not Housebroken:

• If the service dog is not housebroken and has an accident inside the business, the owner may ask the individual to leave until the situation is resolved.

It’s important to note that these reasons focus on the behavior of the dog, not the presence of a disability or the use of a service animal. Additionally, business owners should address the behavior of the dog rather than assuming that all individuals with service dogs will have the same issues.

Business owners are not allowed to ask for details about the person’s disability or require documentation or proof that the animal is a service dog. They are only permitted to ask two specific questions:

1. Is the dog a service animal required because of a disability?
2. What work or task has the dog been trained to perform?

If the individual confirms that the dog is a service animal and describes the tasks it has been trained to perform, the business must allow them access. It’s essential to remember that service dogs are working animals and are not considered pets. Treating individuals with service dogs respectfully and understanding their rights under the ADA is crucial for fostering inclusivity and compliance with the law.

May I ever ask a person with an emotional support animal (ESA) to leave my place of business?

In most cases, a business owner cannot ask a person with an ESA to leave a place of business solely because of the presence of the ESA. Unlike Service Animals, ESAs do not have the same broad access rights under the ADA, but they may still have specific rights under other laws, such as the Fair Housing Act (FHA) in housing situations.

However, there are a few circumstances in which a business owner may be justified in asking an individual with an ESA to leave:

1. Disruptive Behavior:

• If the ESA is being disruptive, causing a disturbance, or behaving in a way that poses a direct threat to the health or safety of others, a business owner may ask the individual to leave. This is more about addressing the behavior of the animal rather than excluding the individual because of the ESA.

2. Health Code Violations:

• If there are specific health code regulations or local ordinances that prohibit animals in certain areas of the business, a business owner may enforce those rules. This is typically applicable in places like food preparation areas.

3. Not Meeting Specific Accommodation Requirements:

• If a business owner determines that the presence of the ESA is not in compliance with specific accommodation requirements, the owner may address those concerns. However, it’s crucial to manage this situation carefully, and business owners should seek legal advice to ensure compliance with relevant laws.

It’s essential to approach such situations with sensitivity and a clear understanding of the applicable laws. The best course of action is to communicate openly with the individual about any concerns and explore ways to address them without infringing on the rights of the person with an ESA. If in doubt, seeking legal advice is advisable to ensure compliance with all relevant laws and regulations.

Lisa E. Bolinger focuses her practice on Probate as well as Civil and Business Litigation. Her legal experience includes matters related to state and federal regulations, contract disputes, civil rights, personal injury, employment discrimination, unpaid wages, disability discrimination, insurance claims, and other civil litigation issues.

Lisa has always been an advocate for animals; she was the Vice President of her law school’s Student Animal Legal Defense Fund group, she is a member of the Animal Law Section of the Florida Bar, and she has always volunteered and raised money for local shelters and animal-related non-profits. She currently volunteers for Animal Safehouse, a non-profit that transports and fosters all types of animals belonging to domestic violence victims that are in the process of transitioning from temporary to more permanent housing.