ADA and Service Dogs - Know your rights

             When you enter a business or place of public accommodation with your service dog, you should know your rights when accessing a business. If you or a loved one are ever denied access to a business with your service dog, it is important to know that you can and should assert your legal right to access. Under the American with Disabilities Act (the “ADA”), businesses must allow you and your service dog the same access that is open to the public without service animals.

            If you require a trained service dog to perform certain tasks for you, a business must allow your service animal to accompany you anywhere other members of the public are permitted; even if state or local health codes prohibit animals on site. Along with the right to be accompanied, a business cannot isolate you from other patrons, treat you less favorably, or charge additional fees. Even where a business charges fees for pets, the business must waive that fee for your service animal. 

What is a Service Animal?

            The ADA defines service animals as: “dogs that are individually trained to do work or perform tasks for people with disabilities.” Tasks performed by service animals may include, but are certainly not limited to: pulling wheelchairs; guiding visually impaired individuals; alerting the hearing impaired; calming individuals with Post Traumatic Stress Disorder during anxiety attacks; and reminding a person to take their prescribed medication. Unfortunately, the American with Disabilities Act (the “ADA”) does not provide the same rights for emotional support animals (including therapy dogs or comfort animals) and therefore, businesses may refuse such animals and their owners access to the establishment.

Spas, pools, and even hot tubs are leisurely activities for which the ADA sets accessibility regulations.

Spas, Pools, and Places of Recreation

            The Americans with Disabilities Act (“ADA”) regulates accessibility requirements for public accommodations under Title III. Spas, pools, and even hot tubs are leisurely activities for which the ADA sets accessibility regulations. As an individual with a disability, you have the same right to enjoy these activities just as someone without a disability.

            Swimming pools require accessible means of access; this can be achieved either by a pool lift, or a sloped entry (ramp). Wave pools, leisure “lazy” rivers, and sand bottom pools are also required to have at

Can Public Accommodations Set Criteria That Screen Out Individuals with Disabilities?

Can Public Accommodations Set Criteria That Screen Out Individuals with Disabilities?

            Generally, no, public accommodations may not set eligibility criteria that screens out, or tends to screen out individuals with disabilities. For example, a fitness club cannot require that its members be able to run a mile in order to join; this would unfairly screen out individuals who use wheelchairs or may not be able to run due to a disability. Similarly, a library may not require that members be able to read printed books in order to join; as this unfairly screens out individuals with visual impairments.

ADA: Public Ground Transportation Providers

ADA: Public Ground Transportation Providers

            The Americans with Disabilities Act (“ADA”) applies to both public and private ground transportation providers. The U.S. Department of Transportation regulates the ADA rules that apply to transportation.

            The ADA has architectural requirements for fixed-route transportation services. A fixed route transportation system is one that operates along a prescribed route according to a fixed schedule. Typically, these are public transportation systems such as city and commuter bus systems, subways, light rail systems, and intercity rail transportation. These transportation services must provide accessible services including: stop announcements for riders with visual impairments; destination information on the front and side of transportation vehicles; appropriate boarding devices such as lifts and ramps; proper lighting and slip-resistant surfaces; fareboxes must be located so that they do not obstruct passenger flow while boarding the bus; and for individuals who use wheelchairs, there must be enough turning room and space for wheelchairs to maneuver, handrails must be accessible, and stop buttons and pull cords must be within reach of wheelchair securement locations.

What Are My Rights in College if I have a disability?

What Are My Rights in College if I have a disability?

            The Americans with Disabilities Act (the “ADA”) provides protection for individuals with disabilities. Title II of the ADA makes sure that individuals with disabilities cannot be subject to discrimination by public universities or colleges, while Title III applies to private universities and colleges. Section 504 of the Rehabilitation Act also includes protections for students with disabilities. Under this law, any school that receives federal funding may not discriminate on the basis of disability.

What are some “readily achievable” accommodations Places of Public Accommodations should be making?

What are some “readily achievable” accommodations Places of Public Accommodations should be making?

            Some examples of “ready achievable” remediations include, without limitation, (i) the providing ADA compliant ramps for situations where there are steps at entrances into areas of public accommodation, (ii) modifying the layout or height of racks and shelves for mobility purposes, (iii) lowering tables and checkout counters, and (iv) installing grab bars where one might regularly need reinforcement of the wall, such as restrooms. An accommodation that might not be “readily achievable” includes additions such as an elevator, which may incur a significant financial burden on a business.

ADA Reasonable Accommodations

What are “reasonable accommodations" under Title III of the ADA

            Reasonable accommodations under Title III of the ADA are modifications/remediations made in places of public accommodations to accommodate or make facilities equally accessible for individuals with disabilities. Reasonable accommodations include the removal of architectural barriers for those with mobility needs, providing for effective communication methods for people with visual, auditory, or vocal needs, and having trained staff to assist individuals with disabilities.

ADA Accessibility Restaurant

Title III: Public Accommodations Under Title III of the Americans with Disabilities Act (the “ADA”), privately owned facilities and business are prohibited from discriminating against people with disabilities. The ADA requires business to provide reasonable accommodations to ensure that facilities are accessible to people with disabilities. 

Who is and who isn’t regulated by Title III?

            Title III under the ADA extends to private entities; this includes businesses and facilities that are open to the public. Title III also covers private transportation companies.  State and local government entities are public entities covered by Title II of the ADA, and not Title III.  Religious entities are exempt from the requirements of Title III of the ADA. However, if it has enough employees to meet the requirements under Title I (employers), the religious entity would be subject to certain employment obligations under Title I under the ADA.  The exemption on religious entities covers all activities of a religious entity, whether religious or not. For example, a religious organization may operate a day care and private elementary school for members and nonmembers alike; Even though these facilities would regularly be considered places of public accommodation, they are still exempt from Title III.

Am I being discriminated against based on my disability?

            If your dining/shopping/lodging/entertainment experience has ever been anything less than fair and equal, and you believe it is based at least in part on your disability, you are likely a victim of disability discrimination. Architectural barriers such as steps at entrances, bathrooms that are too small for wheelchair to maneuver properly, and narrow pathway corridors for which wheelchairs are unable to safely maneuver are just a few examples of disability discrimination.