5
BREEDS
Can service animals be any breed of dog?
A: Yes. The ADA does not restrict the type of dog breeds that can be service animals.
Can individuals with disabilities be refused access to a facility based solely on the
breed of their service animal?
A: No. A service animal may not be excluded based on assumptions or stereotypes about
the animal’s breed or how the animal might behave. However, if a particular service animal
behaves in a way that poses a direct threat to the health or safety of others, has a history of
such behavior, or is not under the control of the handler, that animal may be excluded. If
an animal is excluded for such reasons, staff must still offer their goods or services to the
person without the animal present.
If a municipality has an ordinance that bans certain dog breeds, does the ban apply to
service animals?
A: No. Municipalities that prohibit specific breeds of
dogs must make an exception for a
service animal of a prohibited breed, unless the dog poses a direct threat to the health or
safety of others. Under the “direct threat” provisions of the ADA, local jurisdictions need
to determine, on a case-by-case basis, whether a particular service animal can be excluded
based on that particular animal’s actual behavior or history, but they may not exclude a
service animal because of fears or generalizations about how an animal or breed might
behave. It is important to note that breed restrictions differ significantly from jurisdiction to
jurisdiction. In fact, some jurisdictions have no breed restrictions.
EXCLUSION OF SERVICE ANIMALS
When can service animals be excluded?
A: The ADA does not require covered entities to modify policies, practices, or procedures if it
would “fundamentally alter” the nature of the goods, services, programs, or activities pro-
vided to the public. Nor does it overrule legitimate safety requirements. If admitting service
animals would fundamentally alter the nature of a service or program, service animals may
be prohibited. In addition, if a particular service animal is out of control and the handler
does not take effective action to control it, or if it is not housebroken, that animal may be
excluded.
When might a service dog’s presence fundamentally alter the nature of a service or
program provided to the public?
A: In most settings, the presence of a service animal will not result in a fundamental altera-
tion. However, there are some exceptions. For example, at a boarding school, service ani-
mals could be restricted from a specific area of a dormitory reserved specifically for students
with allergies to dog dander. At a zoo, service animals can be restricted from areas where
the animals on display are the natural prey or natural predators of dogs, where the pres-
ence of a dog would be disruptive, causing the displayed animals to behave aggressively or
become agitated. They cannot be restricted from other areas of the zoo.
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