Service Dogs and Emotional Support Animals in Rhode Island

Residents of Rhode Island have the right to have service animals or “personal assistance dogs” in their homes and public places.

 

People with disabilities have the right to be accompanied by their service animals (or “personal assistance dogs”) at restaurants, hotels, markets, theaters, and other public places under Rhode Island’s human rights laws and the federal Americans with Disabilities Act (ADA). In Rhode Island, public accommodations must adhere to both state and federal regulations. We explain which public establishments are covered, which animals qualify as service animals, and what guidelines you may need to follow with your support animal in the sections below.

In Rhode Island, what qualifies as a public accommodation?

In Rhode Island, qualified service animals may accompany people with disabilities on all public conveyances (including buses, taxis, trains, and so on), stations and terminals; all educational institutions, from kindergartens to universities; and all places of public resort, assembly, amusement, or accommodation, such as hotels, restaurants, theaters, and any other place to which the public is invited.

The definition of public accommodations under the ADA is rather wide. Hotels, motels, public transit, restaurants, shops, auditoriums, gyms, zoos, parks, libraries, museums, schools, social service centers, and other facilities are included.

Under the ADA, religious institutions such as churches, synagogues, and mosques are not considered public accommodations. This is true even if the religious body provides secular services, such as a day care facility that accepts children regardless of whether they are members of or associated with the religious institution. Private clubs (member-controlled nonprofit organizations that are very selective, demand significant membership fees, and were not formed to avoid compliance with civil rights legislation) are likewise not protected by the ADA. However, if a private club makes amenities accessible to nonmembers, such facilities are subject to the ADA’s public accommodation regulations.

In Rhode Island, which animals are protected?

Public establishments in Rhode Island must enable you to be accompanied by your personal assistance animal under the state’s human rights statute. A personal assistance animal is a canine that has been trained (or is currently being taught) as one of the following:

A guide dog is a dog that has been specially trained to assist a specific person who is blind or visually impaired, a hearing dog is a dog that has been specially trained to assist a specific person who is deaf or hearing impaired, or a service dog is a dog that has been specially trained to assist a specific person with another type of disability.

A service animal is a dog or small horse that has been taught to do disability-related duties for the benefit of a person with a disability, according to the ADA. In addition to guiding dogs and hearing dogs, the following service animals must be permitted in public facilities under the ADA:

psychiatric service animals, who assist their handlers in managing mental and emotional disorders by halting self-harming habits, reminding handlers to take medicine, searching for intruders, or offering relaxing pressure during anxiety or panic episodes.
Seizure alert animals warn their handlers of oncoming seizures and may even protect their handlers during seizure activity, while allergy alert animals warn their handlers of potentially toxic foods or other substances (such as peanuts).

Neither the ADA nor Rhode Island’s human rights statute address what some refer to as “emotional support animals”: animals whose presence offers a feeling of safety, friendship, and comfort to persons suffering from mental or emotional disorders. Although these animals often provide therapeutic advantages, they are not specifically trained to do specific activities for their handlers or to aid a specific person.

Service Animal Guidelines

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 Rhode Island law both prohibit public establishments from charging a special entry charge or asking 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.

Housing for Assistance Dogs and Service Animals in Rhode Island

You must be provided full and equal access to all dwellings with your personal assistance animal under Rhode Island’s fair housing statute. A “personal assistive animal” is one that has been properly trained by a licensed animal training program to help someone with a handicap with duties of independent living. You cannot be charged an additional fee or deposit, as required by the ADA, but you may be expected to pay for damage caused by your animal.

The federal Fair Housing Act forbids discrimination in housing accommodations against people who use service animals of any kind. 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. To qualify, the animal must labor, provide duties or services, or lessen the emotional impact of your impairment.