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Hotels, Service Animals, and the ADA

What Places of Lodging Need To Know About The ADA and How We Can Help

Why Website Developers Need To Test For Accessibility

Hotels, Service Animals, and the ADA

Does your front desk staff and reservations staff know what they need to know when a guest with a disability seeks to be accompanied by their service animal? Do they know what they are allowed to ask, and what they cannot lawfully ask? Do they know what the ADA requires? Are they putting your property at risk of being sued, or at risk of an investigation by the Justice Department?

Far too often, training of staff concerning service animals accompanying guests with disabilities is inadequate.

Please ask your staff to take the test below, confidentially share it with me, and contact me to discuss how we can help.

We can write a lawful policy, test your staff, and train your staff. I served as a Senior Trial Attorney at the Justice Department, in the Disability Rights Section of the Civil Rights Division. In that capacity, I was responsible for nationwide enforcement of the ADA on behalf of the United States. We offer a wide range of services concerning ADA compliance. Please visit www.ADAexpertise.com or call me for further information.

Service Dogs and the ADA – True or False?

Marc Dubin, Esq.
ADA Expertise Consulting, LLC
www.ADAexpertise.com
mdubin@ADAexpertise.com
305-896-3000 Direct

1. As a matter of policy, guests with disabilities may be restricted to certain rooms, in order to accommodate our other guests who are allergic to dogs. True ___ False ____

2. While service animals are allowed in the pool area, they are not allowed to enter the pool. True ____ False _____

3. Service dogs are allowed in the pool, as long as they are on a leash. True ___ _ False ___

4. Any animal may be a service animal, as long as it has been trained to assist a person with a disability. True ____ False ___

5. In order to be accompanied by a service animal, the guest must present documentation from a doctor evidencing that the guest has a disability. True ¬¬¬¬_____ False _____

6. A hotel may place a weight limit on a service dog, prohibiting service dogs over 25 lbs. True ____ False ____

7. Any animal, if properly trained, may be a service animal. True ____ False _____

8. A service animal may be a dog of any breed, regardless of weight. True ____ False ____

9. A service animal must wear a vest indicating that it is a service animal. True ______ False ____

10. A guest seeking to be accompanied by a service animal must provide documentation showing the training of the animal. True ____ False ____

11. A service dog must be certified, and the guest must show paperwork verifying the certification. True _____ False _____

12. Staff are not allowed to ask any questions concerning a guest seeking to be accompanied by a service animal. The staff must take the word of the guest that the animal is a service animal. True ____ False ____

13. Hotels may lawfully charge a fee for cleaning up after a service dog, for removal of hair and dander. True _________ False ______

14. If the service animal damages the hotel room, the hotel may charge for repairs. True ____ False ____

15. Hotels may prohibit guests from leaving their service animal unaccompanied in their room. True ____ False ___

16. As long as a guest with a disability provides documentation, the staff may not make any inquiries about the service animal. True ____ False ___


17. Emotional support animals are not protected by the ADA, and a hotel may lawfully exclude them or charge a pet fee. True ___ False ____

18. A guest with a disability seeking to be accompanied by a service animal must have a physical disability. Mental disabilities are not covered, and guests with psychiatric disabilities may not be accompanied by a service animal. True ___ False ___

19. The ADA does not apply if the property is on the National Registry of Historic Properties. Therefore, such a property is not required to admit a service animal. True ___ False ___


20. The service animal must be under control at all times, and be on a leash, unless the disability prevents the guest from holding a leash. True __ False __

21. Hotels with pet policies may treat the service animal as a pet, and may apply the hotel’s pet policy. True ____ False ___

22. If other guests are allergic to dogs, the hotel may lawfully place the guest in a room that is specifically designated for animals. True ___ False ____

23. If a room is carpeted, the hotel may exclude service animals from that room. True ___ False ___

24. A hotel may lawfully designate certain rooms as rooms for guests with service animals. True ________ False ______

25. A guest with a disability who uses a service animal may lawfully be restricted to “pet-friendly” rooms. True ___ False ____

26. If a hotel has fewer than 5 rooms, it is not covered by the ADA. True ____ False ___
27. Therefore, it is not required to admit a service animal. True ___ False ____

28. The task(s) performed by the dog must be directly related to the person’s disability. True ___ False ___

29. In situations where it is not obvious that the dog is a service animal, staff may ask as many questions as necessary for the staff to determine whether the animal is a service animal or not. True ___ False ___

30. If the disability is not obvious, staff may ask about the nature of the disability to determine whether the guest is actually disabled or not. True ___ False ___

31. Staff may request documentation for the dog, or require that the dog demonstrate its task, or may inquire about the nature of the person's disability. True ____ False ____

32. Emotional support, therapy, comfort, or companion animals are not considered to be service animals under the ADA, and therefore may lawfully be excluded. True ___ False ____

33. The guest is responsible for caring for and supervising the service animal, which includes toileting, feeding, and grooming and veterinary care. Staff is not required to supervise or otherwise care for a service animal. True ___ False ___

34. Violation of the ADA is a federal crime. True ____ False ____

35. Violation of the ADA is a civil rights violation. True ____ False ____

36. If a particular service animal is out of control and the handler does not take effective action to control it, or if it is not housebroken, that animal may lawfully be excluded. True ___ False ____

37. If a particular service animal behaves in a way that poses a direct threat to the health or safety of others, has a history of such behavior, or is not under the control of the handler, that animal may lawfully be excluded True ___ False _____

38. Miniature horses that have been individually trained to do work or perform tasks for people with disabilities are considered service animals under the ADA, and entities covered by the ADA must modify their policies to permit miniature horses where reasonable. True ____ False ____

39. If the Civil Rights Division of the Justice Department opens an investigation, it may seek injunctive relief, damages, and civil penalties. True ____ False _____

40. If the Justice Department finds a violation of the ADA, it may seek civil penalties of up to $75,000 for a first offense. For subsequent violations, it may seek civil penalties of as much as $150,000. True ___ False ____