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Dear ADA

"Dear Ada" is inspired by questions we have received through our Technical Assistance efforts that are more complex in nature and require a more detailed explanation to answer than a "frequently asked question" might. Read below for examples of situations and dilemnas that can occur in real life and our suggestions for how to resolve them based on what the ADA says!

In the Doghouse

Dear ADA,

I have Anxiety Disorder and my doctor recommended I get a service dog for emotional support and to help keep me calm. In fact he actually prescribed this as treatment. I did this about a month ago and it has made a huge difference. My dog is very attentive and really calms me down especially when I'm in really anxious or nervous situations. I am getting reading to move into a new apartment complex and the management said that pets were not allowed except service dogs. I explained that my dog does indeed provide a huge service to me for my anxiety and the manager said that only real service dogs were allowed, not therapy pets. Is this true? Can my dog really not be allowed to live there?
Signed,
In the Doghouse

Dear In the Doghouse,

You are correct that you should be allowed to live there with your dog. There are many kinds of "services" animals can provide and there are differences between them particularly in terms of what type of access they are allowed. You would first need to establish whether your dog is a Psychiatric Service Dog or an Emotional Support Dog. Psychiatric Service Dogs are similar to service dogs used for visual, hearing, or mobility impaired individuals in that they perform certain tasks for their owners such as aiding with mobility when owner is dizzy from medication; reminding owner to take medication; alerting/responding to episodes such as panic attacks; and distracting owner from obsessive thoughts or behaviors. These dogs would be allowed in any public place with their owner. Emotional Support Dogs are therapeutic pets, usually prescribed by a doctor, that help owners with emotional difficulties or loneliness. These dogs are not trained to perform specific tasks/work, but they do provide comfort and companionship to their owner. Emotional Support Animals cannot go into no pets allowed public places BUT according to the the Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act, emotional support animals are allowed in housing even when a landlord's policy explicitly prohibits pets. The reason is that emotional support dogs are not actually "pets," but rather are more like assistive aids such as wheelchairs. In most housing complexes, so long as the tenant has a letter or prescription from an appropriate professional, such as a therapist or physician, and meets the definition of a person with a disability, he or she is entitled to a reasonable accommodation that would allow an emotional support animal in the housing unit. Below are some links/resources that may help you further in this matter. Thank you for writing!
Sincerely,
Ada

Helpful Links


What's Cookin'

Dear ADA,

I own two restaurants and a bakery in town. I am doing a food show and taste testing expo at a local church's community center. When meeting with the church staff to discuss logistics I noticed that the community center was not wheelchair accessible. I told the staff that since my restaurant and bakery had to be accessible I would assume that this event would have to be too. They said "oh that's ok, since we're a church the ADA does not apply to us." Is this true???
Signed,
What's Cookin'?

Dear What's Cookin'?

It is true that religious entities, which are any religious organization or entity controlled by a religious organization including a place of worship, are exempt from the requirements of ADA's Title III Public Accommodations because of the Constitutional principle regarding separation of church and state. The exemption covers all of the activities of a religious entity, whether religious or secular. Regarding your event, the only way it would be expected to comply with ADA is if you are renting or leasing the community center space from the church. If you are, then that means you as a place of business are operating the place of public accommodation (the food show and tasting expo) and you, not the church, would be expected to comply with Title III. Thank you for writing and happy tasting!
Sincerely,
Ada

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