Alabama law grants the right to have a service dog in public areas and housing for those with physical or mental disability.
Persons with disabilities may bring their service animals to all public places, including shops, companies, hotels, restaurants, theaters, and more, under Alabama’s legislation on the rights of people with disabilities and the federal Americans with Disabilities Act (ADA). People with disabilities are also permitted to bring their service animals into public buildings and places (such as parks and sidewalks), as well as on public transit and common carriers (buses, ferries, and so on).
Alabama legislation is not as comprehensive as the ADA. However, in Alabama, public places must comply with both sets of laws, and both safeguard your right to carry a service animal with you. Learn which animals qualify as service animals, which public facilities must accept them, and what restrictions you may need to follow with your support animal in the sections below.
In Alabama, service animals are defined.
A service animal is any canine that has been specially taught to do chores or labor for the benefit of a person with a handicap, according to Alabama law. The dog’s responsibilities or labor must be directly tied to the person’s impairment. The ADA defines service animals in the same way. In rare cases, the ADA also protects tiny horses that are individually trained.
Service animals, according to these definitions, include:
a guide dog (or “seeing eye” dog) that assists the sight impaired in navigating public transit and city streets
a hearing dog that informs someone who is deaf to critical noises such as doorbells and alarms, or a seizure alert dog that tells someone with epilepsy when a seizure is about to occur.
There are also psychiatric service dogs included (in 2011, Alabama expanded its service dog law beyond physical disabilities). These animals help people with mental impairments by preventing self-harming behavior, screening places for intruders, reacting to anxiety episodes with relaxing pressure, or reminding them to take medicine. Service animals may also help with a range of other jobs, including as warning people to potentially dangerous allergies or tracking down an autistic kid who has wandered away.
Neither the ADA nor Alabama’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 or Alabama law to allow emotional support animals, only service animals. These rules do not also apply to pets.
In Alabama, which public accommodations must allow service animals?
The definition of public accommodations under the ADA is rather wide. It includes the following:
hotels and other types of accomodation
Terminals, depots, and stations for public transit
restaurants and other food and beverage sales or rental enterprises
any place of public meeting, such as an auditorium or convention center places of amusement and exhibition, such as theaters or sports stadiums
gyms, bowling alleys, and other recreational facilities such as zoos and parks libraries, museums, and other locations where artifacts are gathered or presented publicly educational institutions, and social service centers such as elder centers, homeless shelters, and food banks
Alabama legislation broadens the definition of public accommodations to encompass all hotels and lodging establishments; any places of public accommodation, entertainment, or resort; and other locations to which the general public is invited.
Service Animal Guidelines
A public accommodation may not ask you questions about your impairment or seek certification 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.
Both Alabama law and the ADA prevent 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.
Your service animal may be denied access to a public accommodation under the ADA if it presents a direct hazard to health and safety. For example, if your dog barks and snaps at other clients, the facility may toss the dog out. Your animal may also be excluded if it is not housebroken or is out of control (and you are unable or unwilling to handle it).
Housing for Service Animals in Alabama
Alabama law forbids discrimination against people with physical disabilities in leased or bought housing accommodations. You must have complete and equal access to all housing amenities. However, Alabama’s rule on service animals in housing only applies to guide dogs that aid those who are completely or partly blind. Your landlord may not charge you an additional fee for owning a guide dog (although you may have to pay for any damage your animal causes). A “no pets” clause in your lease or rental agreement does not apply to your guide dog.
According to the federal Fair Housing Act, 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. (For further information, see the Department of Housing and Urban Development’s service animal advice.)