South Carolina law authorizes physical and mental support dogs in all public areas and residences.
People with disabilities have the right to be accompanied by their service animals at restaurants, hotels, markets, theaters, and other public places under South Carolina’s disability rights law and the federal Americans with Disabilities Act (ADA). 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.
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In South Carolina, what qualifies as a public accommodation?
Assistance dogs are required by South Carolina law to be permitted in all hotels and other lodging establishments; all public amusement, resort, or accommodation establishments; all common carriers, modes of transportation, and public conveyances (including buses, taxis, trains, boats, and so on); and all places to which the public is invited.
The definition of public accommodations under the ADA is likewise 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.
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.
Which Animals Are Protected by South Carolina Laws?
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. The following are examples of service animals that must be permitted in public facilities under the ADA:
Hearing dogs alert their owners to vital noises like alarms and doorbells.
Guide dogs, which assist the blind or visually impaired in safely navigating their surroundings; psychiatric service animals, which can assist their handlers by interrupting self-harming behaviors, reminding handlers to take medication, checking spaces for intruders, or providing calming pressure during panic attacks.
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).
The ADA does not apply to what are known as “emotional support animals,” which are animals that give a feeling of protection, companionship, and comfort to persons suffering from mental or emotional problems. Although these animals may be helpful, they cannot be specifically taught to do particular activities for individuals with impairments.
The word “assistance dogs” is not defined in South Carolina’s disability rights statute, but it grants “handicapped” persons the right to bring support dogs into any of the public places mentioned above. The South Carolina Code states elsewhere that the word “handicapped” should be defined to signify a physical or mental disability that significantly restricts one or more primary living activities. (The ADA uses this term as well.) Rules for Your Service Animal, on the other hand
South Carolina law and the Americans with Disabilities Act prevent public establishments from charging a special entry charge or forcing 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.
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) 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 Service Animals in South Carolina
South Carolina’s housing legislation, like its public accommodations statute, protects “handicapped” persons (those with a significantly limiting physical or mental disability) who use assistance dogs. Landlords that rent or lease property must accept assistance dogs without charge. The dog’s owner, on the other hand, is liable for any harm the dog does.
The federal Fair Housing Act forbids discrimination against persons who utilize 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.