People with disabilities have significant rights under Hawaii state and federal law to keep service animals in their homes or public places.
We explain which animals qualify as service animals in Hawaii, where service animals are permitted, and some guidelines you may need to follow with your service animal in the sections below.
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What Is Considered a Service Animal in Hawaii?
A service animal in Hawaii is a canine that has been specially taught to do labor or duties to aid someone with a handicap, such as an intellectual, mental, sensory, or physical impairment.
The term is largely the same under the ADA, with a few exceptions. The service animal’s responsibilities or work must be directly tied to the person’s impairment. A miniature horse may potentially qualify as a service animal in certain situations.
The following are examples of service animals under Hawaii’s social services statute and the ADA:
psychiatric service animals, who assist their handlers in managing mental and emotional disorders by intervening in self-harming activities or offering soothing pressure during anxiety or panic episodes.
Seizure alert animals warn their handlers of impending seizures and may also guard their handlers during seizure activity, allergen alert animals warn their handlers of potentially dangerous substances, hearing dogs warn their handlers of important sounds such as alarms and doorbells, and guide dogs help those who are blind or visually impaired navigate safely.
Neither the ADA nor Hawaii law address what some refer to as “emotional support animals”: animals that give a feeling of safety, friendship, and comfort to persons suffering from mental or emotional disorders. Although these animals are often therapeutic, they are not specifically taught to do particular duties for their humans.
In Hawaii, how are public accommodations defined?
The following are included under Hawaii’s definition of a “public accommodation” (where individuals may take their service dogs):
all means of public transportation and common carriers, including buses, trains, ferries, aircraft, and vehicles hotels and lodging locations\s all places of public entertainment, resort, or accommodation, and\s any other place to which the general public is invited.
The ADA is as wide, establishing a comprehensive list of establishments that qualify as public accommodations and to which you may bring your service animal, such as:
hotels and other lodging establishments restaurants and other places that serve food and drink\s any place of public gathering or place of exercise or recreation\s libraries, museums, and educational institutions, and\s social service centers, like senior centers, homeless shelters, and food banks.
What Are the Rules in Hawaii for Public Accommodations and Service Animals?
People with disabilities have the right to be accompanied by their service animals in restaurants, hotels, shops, theaters, and other public accommodations under the federal Americans with Disabilities Act (ADA) and Hawaii’s public accommodations statute.
Owners of public establishments are not compelled by the ADA or Hawaii law to allow emotional support animals, only service animals. In reality, unless the animal satisfies the description of a service dog and is following someone to do the activities for which the dog has been properly trained, Hawaii law expressly prohibits companion and comfort animals. These rules do not also apply to pets. In Hawaii, public accommodations must adhere to both state and federal regulations.
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 Hawaii 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 accompany 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.
What Are the Animal Rules in Hawaii Housing?
Hawaii’s fair housing legislation outlaws disability-based housing discrimination and requires property owners to provide reasonable modifications to enable people with disabilities to use and enjoy their homes, which may include permitting service animals. However, the law allows the property owner to set reasonable limits if the reasonable accommodation involves a service animal.
Similarly, the federal Fair Housing Act outlaws discrimination against persons who use service animals in housing accommodations. 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.