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Civil Rights Laws Covering Service Animals

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