Service dogs and animals are permitted in public areas under Montana and federal law.
People with disabilities may bring service animals to all “public accommodations,” including shops, companies, hotels, restaurants, theaters, and schools, under Montana’s human rights legislation and the federal Americans with Disabilities Act (ADA). In Montana, public accommodations must adhere to both state and federal regulations (the laws are similar but federal law requires landlords to allow emotional support animals in housing in some cases). We explain which public establishments are covered, which animals qualify as service animals, and what guidelines you may need to follow with your support animal in the sections below.
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What Are Montana’s Public Accommodations?
In Montana, you may bring your service animal into any public establishment (offers facilities, services, or goods to the general public). Hotels, inns, trailer parks, and campsites; restaurants, ice cream parlors, cafés, and bars; barbershops and salons; swimming pools, skating rinks, golf courses, and resorts; restrooms and rest houses; theaters; and hospitals are all examples of public accommodations in Montana.
The definition of public accommodations under the ADA is both wide and comprehensive. It includes the following:
hotels and other types of accomodation
restaurants and other places that serve food and drink service, sales, or rental establishments any place of public gathering, such as an auditorium, convention center, or sports stadium gyms, bowling alleys, zoos, parks, and other places of exercise or recreation libraries, museums, and other places where items are collected or displayed publicly educational institutions, and social service institutions
What Animals Are Protected in Montana?
A service animal in Montana is defined as a dog or other animal that has been specially trained to help someone with a handicap. Similarly, a service animal is a dog (or, in some circumstances, a miniature horse) that has been specially taught to do disability-related duties or labor for the benefit of a person with a disability under the ADA. The following are examples of service animals that must be permitted in public facilities under the ADA:
Hearing dogs warn their owners of vital alarms, doorbells, and other noises.
psychiatric service animals, who assist their handlers with mental and emotional disorders by, for example, preventing self-harming behaviors, reminding handlers to take medicine, inspecting places for intruders, or offering soothing pressure during panic episodes.
Seizure alert animals warn their handlers of oncoming seizures and may even protect their handlers during seizure activity, while allergy alert animals warn their handlers of potentially toxic chemicals (such as peanuts).
Neither the ADA nor Montana’s service animal statute cover what some refer to as “emotional support animals,” which are animals that give a feeling of safety, companionship, and comfort to those who have mental or emotional disorders or conditions. Although these animals are often therapeutic, they are not specifically taught to do particular duties for their humans. Owners of public establishments are not compelled by the ADA or Montana law to allow emotional support animals, only service animals. These rules do not also apply to pets.
Service Animal Guidelines
A public accommodation may not ask you questions about your impairment or request certification, identification, or other evidence of your animal’s training or status under the ADA. Whether it is unclear what your service animal does, the business may just inquire if it is a service animal and what responsibilities it does for you.
The ADA and Montana law both prohibit public establishments from charging a special entry charge or forcing you to pay any other additional fees in order to have your service animal accompany you. You may, however, be required to pay for any damage your animal causes.
Your service animal may be denied access to a public accommodation under the ADA if it presents a direct hazard to health and safety (or example, if your dog is aggressively barking and snapping at other customers, the facility can kick the dog out). Your animal may also be excluded if it is not housebroken or if it is out of control and you are unable or unwilling to regulate it adequately.
Housing for Service Animals in Montana
Both the federal Fair Housing Act and Montana law ban discrimination against persons who utilize service animals in rental housing arrangements. You must have full and equal access to all housing amenities, and your landlord may not charge you an additional fee for keeping a service animal (although you may have to pay for damage your animal causes). A “no pets” restriction in your lease or rental agreement does not apply to your assistance animal.
Housing facilities must allow service dogs and emotional support animals if required for a person with a handicap to have an equal chance to utilize and enjoy the house, according to the federal Fair Housing Act. To be eligible for this provision, you must have a handicap and a disability-related need for the animal. To qualify, the animal must labor, provide duties or services, or lessen the emotional impact of your impairment.