What is considered a service animal under Mississippi’s Support Animal Act and the federal Americans with Disabilities Act?
People with disabilities may bring service animals to all “public accommodations,” including businesses, hotels, restaurants, markets, theaters, schools, government facilities, and more, under the Mississippi Support Animal Act and the federal Americans with Disabilities Act (ADA). Despite the fact that Mississippi law is more restrictive than the ADA, public facilities in Mississippi must comply with both state and federal law. 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.
What Is a Public Accommodation?
In Mississippi, you have the right to be accompanied by your service animal on all public conveyances, such as buses and taxis, as well as in all hotels, lodgings, businesses open to the public that sell goods or services, places of public accommodation, amusement, or resort, and places to which the general public is invited.
The definition of public accommodations under the ADA is both wide and comprehensive. It comprises everything mentioned above, as well as libraries, museums, educational institutions, and social service facilities (like senior centers, homeless shelters, and food banks).
Which Animals Qualify as Service Animals?
A service animal is defined as a dog or other animal that has been expressly trained as a guide, leader, listener, or to offer any other aid required to help a blind, hearing-impaired, or mobility-impaired person in day-to-day activities under Mississippi’s Support Animal Act. A mobility limitation is one that prevents a person from moving without the use of crutches, a wheelchair, or another kind of assistance, or inhibits that person’s ability to climb, sit, rise, descend, walk, or do similar sorts of tasks. Only animals that help persons with the following physical limitations are eligible: Mississippi state law does not protect psychiatric service animals or animals that aid with physical disability that do not fulfill these requirements.
A service animal, on the other hand, is defined under the ADA as a dog that has been taught to perform disability-related duties for the benefit of a person with a physical or mental handicap. (A miniature horse may also qualify as a service animal under the ADA in specific situations.) In addition to hearing dogs and guide dogs (sometimes known as “seeing-eye” dogs), the following service dogs must be permitted in public places under the ADA:
psychiatric service animals, who assist their handlers in managing mental and emotional disorders by halting self-harming habits, reminding handlers to take medicine, searching for intruders, or offering relaxing pressure during anxiety or panic episodes.
Seizure alert dogs warn their handlers of oncoming seizures and may even protect their handlers during seizure activity, while allergy alert dogs warn their handlers of potentially toxic foods or other substances (such as peanuts).
Neither the ADA nor Mississippi’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 obligated by the ADA to allow emotional support animals, only service animals. As previously stated, Mississippi legislation is considerably stricter, safeguarding only service animals that aid the blind, hearing handicapped, or mobility disabled.
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 Mississippi law both prohibit public places from charging a special entry charge or forcing you to pay any other additional fees in order to have your service animal with 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.
Mississippi Housing for Service Animals
The federal Fair Housing Act forbids 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).
If your lease or rental agreement includes a “no pets” clause, it does not apply to your service animal; however, you may be required to provide reliable documentation of your disability and the relationship between your disability and your need for an accommodation in the form of a service or assistance animal. A physician or other medical expert may offer this paperwork. However, if your handicap and need for a service or assistance animal are obvious or the landlord is already aware of them, your landlord may not request paperwork. If you are blind and rely on a guide dog for navigation, your landlord is unlikely to require evidence.
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.