Under the Americans with Disabilities Act and Massachusetts law, businesses which serve the public are required to allow individuals with disabilities to bring their service animals in whatever areas customers are generally allowed. Businesses covered by these laws include: restaurants, hotels, retail stores, taxicabs, theaters, concert halls and sports facilities.
A service animal is defined as a dog (or in some cases a miniature horse) that is individually trained to do work and performs tasks for a person with a disability. The service animal does not have to be certified. Service animals are working animals; they are not pets. Therefore, businesses must allow service animals into their premises even if they have a blanket "no pet" or "no animal" policy.
When an individual brings a service animal into a business in Massachusetts, the business may ask if if the animal is a service animal and what tasks it performs. However, the business CANNOT ask for documentation or certification that the animal is a service animal.
Businesses cannot impose a deposit or a surcharge for service animals, even if deposits are routinely required for pets. For example, a hotel which requires a pet deposit for guests cannot require a person with a service animal to pay the same pet deposit. Transportation companies cannot charge higher fares or fees for transporting someone with a service animal.
A service animal may be excluded by a business when its behavior poses a direct threat to the health and safety of others. For example, an individual with a service animal which displays vicious behavior towards other business customers may be asked to leave. However, businesses may not make assumptions about how a service animal might act based on past experience with other animals. For example, a business owner cannot refuse to allow in a German Shepherd service dog because he was attacked by a German Shepherd in the past and has a fear of that breed.
An individual with a service animal who is refused entry by a business can file a complaint and is entitled to recover damages, emotional distress and attorneys' fees. A complaint must be filed at the Massachusetts Commission Against Discrimination within 300 days from the date on which the business refused the service animal.
If you have any questions about the laws regarding service animals in Massachusetts, or if you have been refused by a business due to your service animal, please contact me at 413-746-4400 or nle@dennerpellegrino.com.
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