Service Animal Discrimination: Your Legal Protections
Service animals play an irreplaceable role in the lives of individuals with disabilities, providing essential assistance that enhances independence and quality of life. In Florida, as in the rest of the United States, individuals with disabilities who rely on service animals are protected by a robust structure of federal and state laws.
However, discrimination against service animal users persists in various settings, including housing, public accommodations, employment, and transportation. If you’re facing discrimination, contact an experienced disability lawyer like J. Courtney Cunningham, Attorney at Law, in Miami, Florida.
The Need for Service Animals
Under federal and Florida law, a service animal is defined as a dog (or, in some cases, a miniature horse) that is individually trained to perform tasks or work directly related to an individual’s disability.
These tasks may include guiding a person who is blind, alerting a person who is deaf, pulling a wheelchair, detecting seizures, or providing assistance to individuals with psychiatric or neurological disabilities.
Emotional support animals (ESAs), therapy animals, or comfort animals are not considered service animals under these laws, as they are not trained to perform specific tasks related to a disability. However, ESAs may have certain protections under housing laws, which will be discussed later.
The primary federal law governing service animals is the Americans with Disabilities Act (ADA), which applies nationwide, including in Florida. Additionally, Florida has its own state laws, such as Chapter 413 of the Florida Statutes, that complement and, in some cases, expand upon federal protections.
These laws confirm that individuals with disabilities can access public spaces, housing, and employment without facing discrimination due to their service animals.
Federal Protections Under the ADA
The ADA is a landmark civil rights law that prohibits discrimination against individuals with disabilities in various aspects of life, including public accommodations, employment, transportation, and government services. Title II and Title III of the ADA are particularly relevant to service animals.
Public Accommodations (Title III)
Under Title III of the ADA, businesses and organizations that serve the public, such as restaurants, hotels, stores, theaters, and medical facilities, must allow service animals to accompany individuals with disabilities in all areas open to the public. This includes:
Allowing service animals in dining areas, even if pets are generally prohibited.
Permitting service animals in stores, including grocery stores and retail shops.
Making sure of access to medical facilities, such as hospitals and clinics, unless the animal poses a direct threat to health or safety (e.g., in sterile environments like operating rooms).
Businesses may only ask two questions to determine if an animal is a service animal:
Is the animal a service animal required because of a disability?
What work or task has the animal been trained to perform?
They cannot ask about the nature of the disability, require documentation (such as a certification or ID card), or demand that the animal demonstrate its tasks. Additionally, businesses cannot charge extra fees or impose special requirements (e.g., muzzles) on service animals unless the same rules apply to all patrons.
Government Services (Title II)
Title II of the ADA applies to state and local government services, such as public transportation, courthouses, and public schools. These entities must also allow service animals to accompany individuals with disabilities. For example:
Public buses and trains in Florida must permit service animals.
Courthouses must allow service animals in areas open to the public, such as waiting rooms or courtrooms.
Public schools and universities must accommodate service animals for students with disabilities, though specific policies may vary.
Exceptions
There are limited exceptions under the ADA where a service animal may be excluded:
If the animal is out of control and the handler does not take effective action to control it.
If the animal is not housebroken.
If the animal poses a direct threat to the health or safety of others (e.g., aggressive behavior).
However, these determinations must be made on a case-by-case basis, and blanket bans on service animals are not permitted. For more information, contact a disability lawyer.
Florida State Laws on Service Animals
In addition to the ADA, Florida has enacted Chapter 413, Part I of the Florida Statutes, which provides specific protections for individuals with service animals. These laws align with the ADA but include additional provisions and penalties for violations.
Access to Public Accommodations
Section 413.08 of the Florida Statutes guarantees individuals with disabilities the right to be accompanied by a service animal in all public accommodations, including:
Restaurants, cafes, and bars.
Hotels, motels, and other lodging establishments.
Stores, malls, and other retail establishments.
Theaters, museums, and amusement parks.
Public transportation, including buses, trains, and taxis.
Florida law mirrors the ADA’s requirements, allowing businesses to ask only the two permissible questions and prohibiting additional fees or documentation requirements. However, Florida law goes further by imposing criminal penalties for violations.
Denying or interfering with a person’s right to use a service animal in a public accommodation is a second-degree misdemeanor, punishable by up to 60 days in jail, a $500 fine, or both.
Housing Protections
While the ADA does not cover housing, the Fair Housing Act (FHA) and Florida’s Fair Housing Act (Chapter 760, Florida Statutes) protect individuals with disabilities who use service animals or emotional support animals in housing.
These laws apply to most housing providers, including landlords, homeowner associations, and property management companies, with limited exceptions (e.g., owner-occupied buildings with four or fewer units).
Under the FHA and Florida law, housing providers must make reasonable accommodations for individuals with disabilities, including allowing service animals and emotional support animals, even in properties with “no pets” policies. Key points include:
Landlords cannot charge pet fees or deposits for service animals or ESAs, though tenants are responsible for any damage caused by the animal.
Housing providers may request documentation verifying the need for an ESA (e.g., a letter from a healthcare provider), but they cannot require such documentation for service animals under the ADA’s definition.
Denials must be based on specific evidence that the animal poses a direct threat or would cause substantial property damage, not on assumptions or stereotypes about certain breeds.
Violations of housing laws can result in civil penalties, damages, and injunctive relief (e.g., requiring the landlord to allow the animal).
Employment Protections
The ADA’s Title I and Florida’s Civil Rights Act (Chapter 760, Florida Statutes) prohibit discrimination in employment based on disability. Employers with 15 or more employees must provide reasonable accommodations, which may include allowing a service animal in the workplace.
For example, an employee with a visual impairment may bring a guide dog to the office, or an employee with a seizure disorder may have a service animal to alert them to oncoming seizures.
Employers can deny a service animal if it fundamentally alters the nature of the workplace or poses an undue hardship (e.g., significant expense or disruption). However, such decisions must be individualized and supported by evidence.
Employees facing discrimination can file complaints with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). They can also hire a disability lawyer.
Transportation Protections
In addition to public transportation covered by the ADA, Florida law verifies that individuals with service animals have access to private transportation services, such as taxis and rideshare services (e.g., Uber or Lyft). Section 413.08 explicitly includes “common carriers” in its protections, meaning drivers cannot refuse service to passengers with service animals.
Rideshare drivers who deny service based on a service animal may face fines, suspension, or legal action.
Common Forms of Service Animal Discrimination
Despite these legal protections, service animal users in Florida frequently encounter discrimination. Common issues include:
Denial of access: Businesses refusing entry to service animals, often citing “no pets” policies or claiming the animal is not a “real” service animal.
Inappropriate questioning: Staff demanding medical documentation, certification, or details about the handler’s disability.
Extra fees: Landlords or businesses charging pet deposits or additional fees for service animals.
Harassment: Employees or patrons confronting service animal users, questioning their legitimacy, or creating a hostile environment.
Breed restrictions: Housing providers or businesses denying access based on the animal’s breed (e.g., pit bulls), even though breed bans do not apply to service animals.
Refusal of transportation: Taxi or rideshare drivers refusing to transport individuals with service animals, often citing allergies or personal discomfort.
These actions not only violate federal and state laws but also undermine the independence and dignity of individuals with disabilities. Contact an experienced disability lawyer like J. Courtney Cunningham, Attorney at Law, in Miami, Florida, if you’re facing any discrimination.
Contact a Florida Disability Lawyer Today
Service animal discrimination is a significant barrier for individuals with disabilities, but federal and state laws provide strong protections to confirm equal access. If you face discrimination, remember that you’re not alone.
Advocacy organizations, government agencies, and legal professionals are available. Contact an experienced disability lawyer like J. Courtney Cunningham, Attorney at Law, in Miami, Florida. I serve the following cities in Florida: Fort Lauderdale, West Palm Beach, Tampa, St. Petersburg, Orlando, and Jacksonville.