Can a hotel refuse accommodation to a guest with a service dog?

A hotel cannot legally refuse accommodation to a guest with a service dog in most countries, including the United States, under laws such as the Americans with Disabilities Act (ADA). Service dogs are specially trained to perform tasks for individuals with disabilities, and they are granted legal protections to ensure their handlers have equal access to public spaces, including hotels. However, there are specific guidelines and exceptions to this rule that both hotel staff and guests should be aware of.

1. Legal Protections for Service Dogs
Under the ADA, a service dog is defined as a dog that is individually trained to perform tasks or work for a person with a disability. These tasks can include guiding individuals who are blind, alerting individuals who are deaf, pulling a wheelchair, alerting and protecting a person having a seizure, or performing other disability-related tasks. Hotels are considered public accommodations under the ADA, and they are required to allow service dogs to accompany their handlers in all areas where the public is permitted.

2. What Hotels Can and Cannot Ask
Hotel staff are legally 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 of the person's disability, require documentation or certification for the dog, or demand that the dog demonstrate its tasks. Emotional support animals, which provide comfort but are not trained to perform specific tasks, are not considered service animals under the ADA and do not have the same legal protections.

3. Exceptions and Limitations
While hotels must accommodate service dogs, there are a few exceptions. If a service dog is out of control and the handler does not take effective action to manage it, or if the dog is not housebroken, the hotel can ask the handler to remove the dog. Additionally, if the dog poses a direct threat to the health or safety of others, the hotel may refuse accommodation. However, these situations are rare and must be based on observable behavior, not assumptions or stereotypes about the dog's breed or size.

4. Practical Tips for Guests with Service Dogs
Guests with service dogs should be prepared to answer the two allowable questions from hotel staff. It is also helpful to carry a copy of the ADA guidelines or a service dog identification card, though these are not legally required. Guests should ensure their dog is well-behaved, clean, and under control at all times. Bringing supplies such as a leash, waste bags, and a mat or bed for the dog can help ensure a smooth stay.

5. Risks and Concerns
One potential risk is encountering hotel staff who are unfamiliar with ADA regulations and may mistakenly deny access. In such cases, guests can calmly explain their rights under the law. Another concern is the possibility of other guests or staff having allergies or fears of dogs. Hotels are required to make reasonable accommodations for all guests, which may include relocating the guest with the service dog or the person with allergies to a different area of the hotel.

6. Prevention and Long-Term Care
To prevent issues, hotels should train their staff on ADA regulations and the proper way to interact with guests who have service dogs. Clear policies and signage can help avoid misunderstandings. For guests, maintaining their dog's training and ensuring it is well-groomed and healthy will help ensure a positive experience for everyone involved.

7. When to Seek Professional Help
If a hotel refuses accommodation to a guest with a service dog without a valid reason, the guest may file a complaint with the U.S. Department of Justice or seek legal advice. In cases where the dog's behavior becomes unmanageable or poses a risk, the handler should consult a professional trainer or veterinarian to address the issue.

In summary, hotels cannot refuse accommodation to a guest with a service dog under the ADA, provided the dog is trained to perform tasks for a disability and is well-behaved. Both guests and hotel staff should be aware of their rights and responsibilities to ensure a positive experience for everyone.