There are two statutes in Ohio that allow assistance animals in public places and residences.
People with disabilities may bring their service animals to all “public accommodations,” such as restaurants, museums, hotels, and businesses, under Ohio law and the federal Americans with Disabilities Act (ADA). These rules also compel transportation providers to accept service animals.
On service animals, Ohio law and federal law disagree, but public accommodations in Ohio must comply with both state and federal law, and their clients have the right to depend 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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How Ohio Law Defines Assistance Animals
Ohio has two sets of regulations regarding service animals and public facilities, and they vary in how they define which animals are protected. The Ohio Revised Code’s dog regulations enable “assistance dogs” to accompany individuals with impairments into public places. Assistance dogs must be trained by a nonprofit special agency and are restricted to guide dogs trained to aid a blind person, hearing dogs taught to assist a deaf or hearing-impaired person, and service dogs trained to assist a mobility-impaired person. Psychiatric service animals, as well as animals trained to assist with other disabilities, such as a seizure alert animal that assists someone with epilepsy, an animal that alerts someone with diabetes of low blood sugar, or an animal trained to detect allergens, do not qualify under this definition.
However, another Ohio statute, in the Administrative Code, which interprets the state’s civil rights legislation, provides a considerably wider definition of service animals—and this law also applies to public places. People with disabilities are permitted to bring all “animal helpers” into places of public accommodation under the Administrative Code. An animal aide is any animal that helps a disabled person. Hearing dogs, guiding dogs, and retrieving monkeys are among the examples given. Because the Administrative Code’s definition of disability encompasses both physical and mental impairments, this legislation seems to include psychiatric service animals and animals trained to provide other services for persons with disabilities.
A service animal is just a canine that has been specially taught to do duties or labor for the benefit of a person with a handicap, according to the ADA. (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.
None of these rules apply to pets or what some refer to as “emotional support animals”: animals that give a feeling of safety, friendship, and comfort to those suffering from mental or emotional disorders. 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 Ohio law to allow emotional support animals, only service animals or animal assistants that help persons with disabilities.
In Ohio, 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
public transportation terminals, depots, and stations restaurants and other locations that sell or rent food and beverages
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.
The Ohio Administrative Code defines public accommodations as any establishment that provides accommodations, amenities, or benefits to the general public. It includes a wide range of facilities that meet the criteria, including hotels, restaurants, and shops, as well as insurance firms, hospitals, skating rinks, and video arcades.
Service Animal Guidelines
It is not permissible to charge a fee to bring your service animal or animal assistance to any public facility. However, you may be obliged to pay for any damage caused by your animal.
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 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.
If you want to register your service dog, you may get a permanent registration tag in Ohio. Although owners of other dogs must pay to register their animals, registering a service dog in Ohio is free.
Housing for Service Animals in Ohio
People with disabilities who utilize animal aides are allowed to keep such animals with them on any properties they lease, rent, acquire, or sublease under Ohio’s Administrative Code. Your 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.