When Massachusetts law allows you to bring a service dog or emotional support animal into a public place or into a dwelling.
People with disabilities may bring their service dogs to all “public accommodations,” including shops, companies, hotels, restaurants, theaters, and schools, under Massachusetts’ disability rights statute and the federal Americans with Disabilities Act (ADA). These rules do not apply to service animals, therapy dogs, or pets. However, housing rules may permit you to have an emotional support animal or a service dog. Learn which animals qualify as service animals, which venues must accept them, and what guidelines you may need to follow with your service animal in the sections below.
The disability rights legislation in Massachusetts permits public facilities to enable persons who are blind, deaf, or have another physical handicap to be accompanied by a “dog guide.” The legislation does not define a dog guide or specify what duties it must be capable of. A service animal, on the other hand, is defined under the ADA as a dog that has been individually taught to do duties or work for the benefit of a person with a handicap. The animal’s responsibilities or labor must be directly tied to the person’s impairment. (A miniature horse may also qualify as a service animal under the ADA in specific situations.)
Although Massachusetts legislation is more restricted than the ADA, public facilities must comply with both state and federal law.
The following are examples of service animals that must be permitted in public facilities under the ADA:
Neither the ADA nor Massachusetts’ 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 Massachusetts law to allow emotional support animals, only service animals or dog guides. These rules do not also apply to pets.
The definition of public accommodations under the ADA is rather wide. It includes the following:
The notion of public accommodation in Massachusetts is equally wide. Many types of businesses are included, as well as any facility that is open to the public and accepts or solicits its patronage.
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 Americans with Disabilities Act (ADA) and Massachusetts law prevent public establishments from charging a special entry charge or requesting you to pay any other additional expense 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 (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.
Both the federal Fair Housing Act and Massachusetts law ban discrimination against persons who utilize service animals in rental housing arrangements. 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.
Only canine guides used by the blind or deaf are particularly included in Massachusetts’ housing discrimination statute. The legislation does, however, oblige landlords and other housing corporations to provide reasonable modifications to enable people with disabilities to utilize housing premises. Allowing emotional support animals is one example.
Furthermore, in order for a person with a handicap to have an equal chance to utilize and enjoy the property, housing facilities must include service dogs and emotional support animals. 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.