All public establishments in New Mexico are permitted to accept approved service animals (dogs or miniature horses).
People with disabilities have the right to be accompanied by their service animals in restaurants, hotels, markets, theaters, and other public places under New Mexico’s Service Animal Act and the federal Americans with Disabilities Act (ADA). 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.
Table of Contents
In New Mexico, what animals qualify as Qualified Service Animals?
Public accommodations must enable you to be accompanied by your “qualified service animal” under the New Mexico Service Animal Act. A qualified service animal is a service dog or small horse that has been taught to conduct work or execute duties for the benefit of a disabled person.
A service animal is a dog or small horse that has been taught to do disability-related duties for the benefit of a person with a disability, according to the ADA. The following are examples of service animals that must be permitted in public facilities under the ADA:
Hearing dogs alert their handlers to important sounds such as alarms, doorbells, and other signals guide dogs assist those who are blind or visually impaired in safely navigating psychiatric service animals assist their handlers in managing mental and emotional disabilities by, for example, interrupting self-harming behaviors, reminding handlers to take medication, checking spaces for intruders, or providing calming pressure during anxiety or panic attacks
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 foods or other substances (such as peanuts).
Pets or what some term “emotional support animals”: animals that give a feeling of safety, companionship, and comfort to folks with mental or emotional disorders are not covered by the ADA. Although these animals are often therapeutic, they are not specifically taught to do particular duties for their humans.
Emotional support animals, comfort animals, and therapy animals are expressly excluded under New Mexico service animal legislation as animals that accompany individuals with impairments but do not do work or duties for them and do not accompany them at all times.
In New Mexico, what qualifies as a public accommodation?
People with disabilities in New Mexico may be accompanied by approved service animals on all common carriers (modes of transportation), in all public accommodations, and in all buildings open to the public. The legislation does not specify what constitutes a public accommodation, although it commonly covers motels, shops, restaurants, public meeting places, and other such establishments.
The definition of public accommodations under the ADA is rather wide. It includes the following:
hotels and other types of accomodation
restaurants and other places that serve food and drink service establishments\s any place of public gathering, such as an auditorium or convention center\s gyms, parks, zoos, bowling alleys, and other places of exercise or recreation\s schools, libraries, museums, and other places where items are collected or displayed publicly, and\s social service centers.
New Mexico Service Animal Regulations
The Americans with Disabilities Act (ADA) and New Mexico law prevent public places from charging a special entry charge or forcing you to pay any other additional expense to have your service animal with you. You may, however, be required to pay for any damage your animal causes.
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.
According to the ADA and New Mexico’s Service Animal Act, a public place may refuse to accept your service animal 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. Even if your service animal is not permitted, you have the right to access the public facility.
Service animals are permitted in New Mexico housing.
The federal Fair Housing Act forbids discrimination against persons who utilize service animals in housing accommodations. You must have full and equal access to all housing facilities, and you may not be charged an additional fee for having 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.
Furthermore, the federal Fair Housing Act states that housing facilities must include service dogs and emotional support animals if required for a disabled person to have an equal chance to utilize and enjoy the property. 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.
The Human Rights Act of New Mexico forbids disability-based housing discrimination as long as the person’s handicap is not connected to his or her capacity to rent or maintain the dwelling under consideration. This statute makes no mention of service animals. However, landlords in New Mexico are still liable to the federal Fair Housing Act.