Nebraska legislation allows persons with physical limitations to bring service dogs into their homes and public areas.
People with disabilities have the right to be accompanied by their service animals at restaurants, hotels, markets, theaters, and other public places under Nebraska civil rights law and the federal Americans with Disabilities Act (ADA). Nebraska legislation is more restrictive than federal law in that it only applies to animals that aid the physically impaired and not to animals that assist persons with mental disorders. However, in Nebraska, public accommodations (and landlords) must follow both state and federal rules.
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 Animals Are Protected in Nebraska?
People with certain impairments have the right to be accompanied by their service animals in public facilities under Nebraska law, as stated below. A guiding dog, signal dog (hearign dog), or other animal trained to undertake chores or labor to aid someone with a handicap is defined as a service animal under Nebraska law. However, the civil rights legislation restricts public accommodation protections to persons who rely on a service animal due to deafness or hearing impairment, blindness or visual impairment, or another physical condition. The legislation does not apply to those who need service animals due to mental disorders.
A service animal, on the other hand, is a canine that has been taught to do disability-related duties for the benefit of a person with a physical or mental handicap, according to the ADA. A miniature horse may potentially qualify as a service animal in certain situations. 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).
Neither the ADA nor Nebraska’s civil rights legislation address what some refer to as “emotional support animals”: animals whose presence offers a feeling of safety, friendship, and comfort to persons suffering from mental or emotional disorders. Although these animals often provide therapeutic advantages, they are not individually taught to execute specific activities for their handlers, nor are they specifically trained to aid a specific person who is blind, deaf, or has another physical impairment. Pets are likewise not protected by state or federal law.
In Nebraska, what qualifies as a public accommodation?
Service animals must be permitted in all hotels and other lodging establishments; all places of public amusement, resort, or accommodation; all common carriers, modes of transportation, and public conveyances (including buses, taxis, trains, boats, and so on); and all places to which the public is invited, according to Nebraska law.
The scope of public accommodations is similarly wide under the ADA. Churches, synagogues, and mosques, on the other hand, are not considered public accommodations under the ADA. This is true even if the religious body provides secular services, such as a day care facility that accepts children regardless of whether they are members of or associated with the religious institution. Private clubs (member-controlled nonprofit organizations that are very selective, demand significant membership fees, and were not formed to avoid compliance with civil rights legislation) are likewise not protected by the ADA. However, if a private club makes amenities accessible to nonmembers, such facilities are subject to the ADA’s public accommodation regulations.
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 Nebraska 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 with you. You may, however, be required to pay for any damage your animal causes.
The Americans with Disabilities Act (ADA) authorizes a public accommodation to refuse your service animal if it presents a clear 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.
Housing for Service Animals in Nebraska
Nebraska’s civil rights statute guarantees persons who utilize a service animal equal and complete access to housing accommodations. Landlords and others who charge rent may not ask persons who use service animals to pay more or put down a larger deposit for their animals. The housing discrimination statute, like the state’s public accommodations law, applies solely to persons who employ a service animal for blindness or visual impairment, deafness or hearing impairment, or another physical handicap. It does not apply to people who need a service animal due to a mental handicap.
The federal Fair Housing Act, on the other hand, forbids discrimination in housing accommodations against people with physical or mental impairments who use service animals. 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.
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. In other words, in order to qualify, the animal must labor, provide duties or services, or relieve the emotional impact of your condition.