Your freedom to have a service dog in public places and residences is protected by North Carolina and federal law.
People with disabilities may bring their service animals to all “public places,” such as restaurants, museums, hotels, and businesses, under North Carolina law and the federal Americans with Disabilities Act (ADA). These rules also compel transportation providers to accept service animals.
In North Carolina, public accommodations must comply with both state and federal law, and customers have the right to rely on whatever legislation affords the greatest safeguards. Continue reading to find out which animals qualify as service animals, which public accommodations must accept them, and other information.
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What Counts as a Service Animal in North Carolina?
North Carolina public accommodations legislation mentions service animals but does not specify which animals qualify. The North Carolina Department of Health and Human Services, on the other hand, has developed a pamphlet for companies about clients with service animals that utilizes the ADA’s criteria. A service animal, as defined by the ADA, is a dog that has been specially taught to do duties or labor for the benefit of a person with a handicap. (A miniature horse may also qualify as a service animal under the ADA in specific situations.) The animal’s responsibilities or labor must be directly tied to the person’s impairment.
A guide dog, for example, assists a blind or visually impaired person in safely navigating; a hearing animal, which alerts someone who is deaf or has impaired hearing to important sounds such as sirens, doorbells, ringtones, and so on; an animal that pulls a wheelchair, pushes elevator buttons, retrieves items, or provides stability and support for someone with mobility restrictions; or a psychiatric service animal, which scans for safety threats or
Neither legislation addresses 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 illnesses. 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 North Carolina law to allow emotional support animals, only service animals. These rules do not also apply to pets.
Which public places must allow service animals?
People with disabilities are permitted to bring their service animals to hotels and other lodging establishments, all places of accommodation, amusement, or resort, all modes of public transportation, including buses and airlines, and all other places to which the public is invited under North Carolina law.
The definition of public accommodations under the ADA is likewise rather wide. It includes the following:
hotels and other types of accomodation
public transit stations 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 service centers.
North Carolina Service Animal Regulations
According to North Carolina law, you qualify for these rights by displaying a tag provided by the state Health and Human Services Department indicating that you have registered your animal as a service animal, or by demonstrating that the animal has been or is being trained to operate as a service animal. The application form for this registration may be found on the website of the Department of Health and Human Services. This registration is not needed of you.
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.
You cannot be charged a fee to bring your service dog to a public place. However, you may be compelled to pay for any damage caused by your dog.
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 assistance dog that isn’t housebroken or is out of control may also be denied entry.
Housing for Service Animals in North Carolina
People with disabilities who use service animals are permitted to keep such animals with them on any property they lease, rent, or utilize under North Carolina’s service animal statute. A landlord may not charge you more for having a service animal, but you are responsible for any harm your service animal causes to the property or another person.
The federal Fair Housing Act permits housing facilities to include service dogs and emotional support animals if required for a person with a handicap to utilize and enjoy the house. 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.