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1 1 (October 10, 2023)

handle is hein.crs/govencr0001 and id is 1 raw text is: Congressional Research Service inf~rrriing the legislative debate since 1914 October 10, 2023 Snakes on a Plane, in an Apartment, or at the Supermarket? Assistance Animals Under Three Federal Statutes People with disabilities commonly request permission to be accompanied by an assistance animal at a range of locations, from airplanes to supermarkets to apartment buildings. The legal requirements that apply to these requests can vary by animal species, disability, and business environment. This In Focus reviews the federal disability laws governing assistance animals, as contained in three federal statutes and their regulations. Statutory Overview A variety of federal and state laws govern service animals. This In Focus concentrates on provisions applicable to businesses, found in three federal statutes: the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213; the Air Carrier Access Act (ACAA), 49 U.S.C. § 41705; and the Fair Housing Act (FHA), 42 U.S.C. §§ 3601-3631. Title III of the ADA requires reasonable modifications to policies, practices, and procedures to allow people with disabilities access to public accommodations, that is, businesses and nonprofits open to the public. 42 U.S.C. § 12181. Most businesses, large and small, fall under the ADA (though most religious facilities are exempted). Aside from the ADA, separate statutes govern disability access with respect to two specific types of businesses. The ACAA regulates airline service. The ADA does not cover air carriers, although it may govern other aspects of airport access. The FHA regulates both commercial and noncommercial housing providers-property owners, housing managers, homeowner and condominium associations, insurers, real estate agents, housing authorities, and colleges and universities, as well as others. While the FHA covers the housing those entities provide, the ADA may cover other parts of the businesses, such as leasing offices, open to the public. The ADA, ACAA, and FHA each require a business or nonprofit to make the reasonable modifications that a person with a disability needs to have equal opportunity to enjoy and use its services. Under these statutes, a disability is a physical or mental impairment that substantially limits one or more major life activities. Modifications can include exceptions to a no-animal or no-pet policy for an assistance animal, though the statutes differ as to which animals they protect. Other Laws Several other laws, not further discussed here, may be relevant to some assistance animal requests. The ADA's Title II applies requirements like those in Title III to state and local government services, programs, and activities, whether conducted by governments or their contractors. Title II covers local parks, police services, voter registration, and public education facilities, among other things. ADA's Title I extends similar protections in the employment context. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, requires accommodations in federal and federally funded programs and activities, applying rules similar to those in the ADA. The Affordable Care Act, 42 U.S.C. § 18116, through cross-reference to the Rehabilitation Act, applies disability protections to many health care providers. As a practical matter, many health care providers and federally funded entities are also public accommodations falling under the ADA. The Congressional Accountability Act, 2 U.S.C. § 1302(a), applies ADA and Rehabilitation Act standards to the legislative branch. The Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400-1482, governs special education programs. In addition, some state laws contain more expansive rules for accommodating assistance animals, including protections for people without disabilities who seek accommodations for service animals in training. Animals Protected Under the ADA and ACAA The ADA and ACAA regulations require entities to accommodate only one type of assistance animal: a service animal. 14 C.F.R. § 382.3; 28 C.F.R. §§ 36.104, 36.302(c). ADA regulations, established by the Department of Justice, define a service animal as one that has been trained to do work or perform tasks related to an individual's disability. Only two species of animals qualify for ADA regulatory protection: dogs and miniature horses. (Miniature horses are included to accommodate dog allergies.) ACAA regulations, administered by the Department of Transportation (DOT), require accommodations only for trained dogs. For example, a dog may lead a blind person around obstacles, alert someone with epilepsy about an oncoming seizure, or retrieve dropped objects for a wheelchair user. A dog need not be professionally trained to qualify; it may be trained by its owner. Some untrained animals may act as support, comfort, or companion animals. These animals provide assistance just by being with a person and may assist with such disabilities as anxiety, depression, or post-traumatic stress disorder. Many creatures have featured in support animal accommodation requests, including dogs, horses, alligators, ducks, marmosets, snakes, parrots, and rats. In particular, requests for certain animals to board aircraft, including a squirrel, pig, peacock, and boa constrictor, have garnered media attention. These support animals, however, are not eligible for ADA protection under existing regulations, regardless of species. In 2020, in part because of 0

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