Both state and federal laws guarantee your right to have assistance dogs in public areas and residences.
People with disabilities may bring their service animals to all public places, including businesses, restaurants, bars, hotels, and museums, under Pennsylvania law and the federal Americans with Disabilities Act (ADA). These rules also compel transportation providers to accept service animals.
The definitions of service animals in Pennsylvania and federal law vary, but public accommodations in Pennsylvania must comply with both state and federal law, and their consumers are entitled to rely on whatever statute affords the greatest safeguards.
The Human Rights Act of Pennsylvania protects persons with disabilities from discrimination in public facilities for utilizing a guide or support animal due to blindness, deafness, or “physical disability.” It is a misdemeanor for a public accommodation to refuse entry to someone who is using a guide dog, signal dog, service dog, or other aid animal that has been certified by a recognized authority to assist a person who is blind, deaf, or has another physical disability, according to the criminal statutes. These classifications seem to exclude psychiatric service animals, which help people with mental impairments.
A service animal is a dog (or, in some situations, a miniature horse) that has been specially taught to do chores or labor for the benefit of a person with a handicap, according to the ADA. This includes psychiatric service dogs, which are canines trained to do particular duties to assist someone suffering from a mental disease or difficulties; for example, preventing a confused handler from walking into danger or turning on the lights for someone suffering from PTSD. The animal’s responsibilities or labor must be directly tied to the person’s impairment.
These regulations do not apply to what are known as “emotional support animals,” which are animals that give a feeling of safety, friendship, and comfort to those suffering from mental or emotional disorders. 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 or Pennsylvania law to allow emotional support animals, only service animals or animal assistants that help persons with disabilities. These rules do not also apply to pets.
The Pennsylvania Human Rights Act defines public accommodations as any facility that provides accommodations, amenities, or benefits to the general public. It includes a wide range of facilities that meet the criteria, including hotels, restaurants, and shops, as well as beauty salons, libraries, and swimming pools.
The definition of public accommodations under the ADA is likewise rather wide. It includes the following:
It is not permissible to charge a fee to bring your service animal or animal assistance to any public facility. However, you may be obliged to pay for any damage caused by your animal.
If your service animal presents a direct danger to the health or safety of others, a public accommodation is not compelled to allow it to stay. If your service dog, for example, is snarling and lunging at other customers and you are unable to control the behavior, the dog may be forced to leave.
A business may not ask you specific questions regarding your handicap or your animal. However, the institution may inquire if your animal is a service animal and what duties it has been taught to do.
People with disabilities who employ guide or support animals, as described by the Pennsylvania statute stated above, are not discriminated against in living accommodations or commercial property, according to Pennsylvania’s Administrative Code.
The federal Fair Housing Act compels landlords and housing facilities to allow service dogs and emotional support animals if they are required for a disabled person to have an equal chance to use and enjoy the house. 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.
