What are the rights of service dogs in hotels and other lodging facilities?

Service dogs have specific legal rights when it comes to access to hotels and other lodging facilities. These rights are protected under federal law in the United States, primarily through the Americans with Disabilities Act (ADA). Understanding these rights is crucial for both service dog handlers and lodging facility staff to ensure compliance and avoid discrimination.

1. Legal Rights of Service Dogs in Lodging Facilities:
Under the ADA, service dogs are defined as dogs that are individually trained to perform tasks or work for people with disabilities. These tasks can include guiding individuals who are blind, alerting individuals who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with PTSD during an anxiety attack, or performing other duties directly related to a person's disability. Service dogs are not considered pets under the ADA, and as such, they are granted access to public accommodations, including hotels, motels, and other lodging facilities.

2. Access and Accommodation:
Hotels and lodging facilities must allow service dogs to accompany their handlers in all areas where the public is normally allowed to go. This includes guest rooms, lobbies, restaurants, and other common areas. The facility cannot charge extra fees for the service dog, such as pet fees or cleaning fees, as this would be considered discriminatory. Additionally, the facility cannot require the handler to provide documentation or proof of the dog's training or certification. The ADA does not require service dogs to wear vests, ID tags, or specific harnesses, although many handlers choose to use these for identification purposes.

3. Responsibilities of the Handler:
While service dogs have broad access rights, the handler is responsible for ensuring the dog is under control at all times. This typically means the dog should be on a leash, harness, or tether unless the handler's disability prevents the use of these devices or if they interfere with the dog's ability to perform its tasks. The handler is also responsible for cleaning up after the dog and ensuring the dog does not cause damage to the property. If a service dog behaves aggressively or disruptively, the lodging facility has the right to ask the handler to remove the dog, even if it is a legitimate service animal.

4. Potential Risks and Concerns:
One common concern for lodging facilities is distinguishing between legitimate service dogs and pets. Some individuals may falsely claim their pet is a service dog to avoid pet fees or gain access to areas where pets are typically prohibited. However, lodging staff are limited in what they can ask to verify a service dog's status. They are only allowed to ask two questions: 1) Is the dog a service animal required because of a disability? and 2) What work or task has the dog been trained to perform? They cannot ask about the nature of the person's disability or demand documentation.

5. Practical Tips for Lodging Facilities:
To ensure compliance with the ADA, lodging facilities should train their staff on the rights of service dogs and the appropriate questions to ask. They should also have clear policies in place for accommodating service dogs and addressing any issues that may arise. Providing information about nearby pet relief areas and ensuring that all staff are aware of the legal requirements can help prevent misunderstandings and ensure a positive experience for all guests.

6. When to Seek Professional Help:
If a lodging facility is unsure about how to handle a situation involving a service dog, they should consult with legal counsel or contact the ADA Information Line for guidance. Similarly, if a service dog handler encounters discrimination or denial of access, they may need to seek assistance from an attorney or file a complaint with the U.S. Department of Justice.

7. Long-Term Care and Prevention:
Lodging facilities should regularly review their policies and procedures to ensure they are in compliance with the ADA. Providing ongoing training for staff and maintaining open communication with guests can help prevent issues and ensure that service dogs and their handlers are treated with respect and dignity.

In summary, service dogs have the right to accompany their handlers in hotels and other lodging facilities under the ADA. Lodging facilities must accommodate these dogs without charging extra fees or requiring unnecessary documentation. Both handlers and lodging staff have responsibilities to ensure a positive experience, and understanding the legal framework is essential for preventing discrimination and ensuring compliance.