The right to have a service animal in housing, public places, and work is protected under Colorado law and the ADA.
People with disabilities may bring their service animals to all “public accommodations,” including hotels, restaurants, markets, museums, and more, under Colorado’s civil rights legislation and the federal Americans with Disabilities Act (ADA). These rules also compel transportation providers to accept service animals.
Colorado’s service animal statute is quite similar to the ADA’s service animal standards. People with physical, mental, sensory, intellectual, and psychiatric impairments who utilize service animals have wide rights under both sets of legislation. 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.
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What Is a Service Animal According to Colorado Law?
A service animal is defined under the ADA and Colorado law as a dog that has been specifically taught to do duties or labor for the benefit of a person with a physical or mental handicap. (In certain cases, a miniature horse that has been individually trained may also qualify as a service animal.) The animal’s responsibilities or labor must be directly tied to the person’s impairment.
A diabetic, for example, may utilize a service dog to warn them to dangerously high or low blood sugar levels. A person with a vision impairment may utilize a guide dog to help them navigate. When an alarm, doorbell, or other significant noise is heard, a hearing dog may alert someone who is deaf. A psychiatric service dog may warn the handler to the need to take medicine, stop self-destructive behavior, do safety checks for a PTSD handler, or offer relaxing pressure to someone suffering from anxiety. Service animals may also alert someone to potentially dangerous allergies, warn of an imminent seizure, pull a wheelchair, press elevator buttons, and provide physical assistance to someone who requires aid with balance.
Pets or what are sometimes referred to as “emotional support animals”: animals that give a feeling of safety, companionship, and comfort to persons with mental or emotional disorders or conditions are not covered by the ADA or Colorado’s service animal statute. 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 Colorado law to allow emotional support animals, only service animals.
In Colorado, which public accommodations must allow service animals?
The term of public accommodations is fairly wide under the ADA and Colorado law. 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
Recreational facilities, such as zoos and parks, libraries, museums, and other locations where artifacts are gathered or shown publicly educational institutions, and social assistance centers, such as elder centers, homeless shelters, and food banks.
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.
You may not be charged a special entry price or be compelled to pay any other additional fees in order to bring 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
Discrimination in housing accommodations against persons who use service animals is prohibited under Colorado and federal law. 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). A “no pets” restriction in your lease or rental agreement does not apply to your assistance animal.
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.