What are the legal protections for service dogs in shopping malls?

Service dogs are legally protected under federal law in the United States, specifically under the Americans with Disabilities Act (ADA). This law ensures that individuals with disabilities have the right to be accompanied by their service animals in all public areas, including shopping malls. Here is a detailed explanation of the legal protections, practical considerations, and other relevant information regarding service dogs in shopping malls.

1. Legal Protections Under the ADA
The ADA defines a service animal as a dog that is individually trained to perform tasks or work for a person with a disability. These tasks must be directly related to the person's disability. Examples include guiding individuals who are blind, alerting individuals who are deaf, pulling a wheelchair, or alerting and protecting a person who is having a seizure. Emotional support animals, therapy animals, and pets are not considered service animals under the ADA.

Shopping malls, as public accommodations, are required to allow service dogs to accompany their handlers in all areas where the public is permitted. This includes stores, food courts, restrooms, and other common areas. The only exceptions are areas where the presence of the dog would pose a direct threat to health or safety, such as sterile environments like operating rooms.

2. What Businesses Can and Cannot Ask
Businesses, including those in shopping malls, are allowed to ask two specific questions to determine if a dog is a service animal: 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 or extent of the person's disability, require documentation or identification for the dog, or ask that the dog demonstrate its task.

3. Responsibilities of Service Dog Handlers
While service dogs are granted access to public spaces, their handlers also have responsibilities. The dog must be under control at all times, typically through a leash, harness, or tether, unless these devices interfere with the dog's work or the handler's disability prevents their use. The handler is also responsible for ensuring the dog is housebroken and does not disrupt the normal operations of the business.

4. Potential Risks and Concerns
One concern for shopping malls is the presence of untrained or poorly behaved dogs falsely claimed as service animals. These dogs may pose a risk to other patrons or cause disruptions. However, businesses cannot exclude a service dog based on breed or size alone. If a service dog behaves aggressively, is not housebroken, or is out of control, the business may ask the handler to remove the dog.

5. Practical Tips for Shopping Mall Staff
Shopping mall staff should be trained to recognize legitimate service animals and understand the legal requirements. They should avoid making assumptions based on the dog's appearance or the handler's disability. If there is a concern about a dog's behavior, staff should address it respectfully and focus on the specific issue rather than denying access outright.

6. Prevention and Long-Term Care
To maintain a positive environment, shopping malls can provide clear signage about service animal policies and educate tenants and staff about ADA requirements. Handlers should ensure their service dogs are well-trained, socialized, and accustomed to busy environments like shopping malls. Regular veterinary care and grooming are also essential to keep the dog healthy and presentable in public spaces.

7. When to Seek Professional Help
If a shopping mall or business is unsure how to handle a situation involving a service dog, they should consult legal counsel or contact the U.S. Department of Justice for guidance. Handlers who face discrimination or denial of access can file a complaint with the Department of Justice or seek assistance from disability advocacy organizations.

In summary, service dogs are legally protected in shopping malls under the ADA, and businesses must accommodate them unless there is a specific safety concern. Both handlers and businesses have responsibilities to ensure a positive experience for everyone. By understanding and respecting these legal protections, shopping malls can create an inclusive environment for individuals with disabilities and their service animals.