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28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM (2008 Title III NPRM)

This NPRM is part of the Corada Archives, as it was originally published to the Federal Register in 2008. Click here for the NPRM Preamble.

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(2) Exceptions. A public accommodation may ask an individual with a disability to remove a service animal from the premises if: 

(i) The animal is out of control and the animal's handler does not take effective action to control it;

(ii) The animal is not housebroken or the animal's presence or behavior fundamentally alters the nature of the service the public accommodation provides (e.g., repeated barking during a live performance); or

(iii) The animal poses a direct threat to the health or safety of others that cannot be eliminated by reasonable modifications.

(3) If an animal is properly excluded.  If a place of accommodation properly excludes a service animal, it shall give the individual with a disability the opportunity to obtain goods, services, and accommodations without having the service animal on the premises.

(4) General requirements.  The work or tasks performed by a service animal shall be directly related to the handler's disability.  A service animal that accompanies an individual with a disability into a place of public accommodation shall be individually trained to do work or perform a task, housebroken, and under the control of its handler.  A service animal shall have a harness, leash, or other tether.

(5) Care or supervision of service animals.  A public accommodation is not responsible for caring for or supervising a service animal.

(6) Inquiries. A public accommodation shall not ask about the nature or extent of a person's disability, but can determine whether an animal qualifies as a service animal. For example, a public accommodation may ask if the animal is required because of a disability; and what work or task the animal has been trained to perform. A public accommodation shall not require documentation, such as proof that the animal has been certified or licensed as a service animal.

(7) Access to areas open to the public, program participants, and invitees.  Individuals with disabilities who are accompanied by service animals may access all areas of a place of public accommodation where members of the public, program participants, and invitees are allowed to go.

(8) Fees or surcharges.  A public accommodation shall not ask or require an individual with a disability to post a deposit, pay a fee or surcharge, or comply with other requirements not generally applicable to other patrons as a condition of permitting a service animal to accompany its handler in a place of public accommodation, even if people accompanied by pets are required to do so.  If a public accommodation normally charges its clients or customers for damage that they cause, a customer with a disability may be charged for damage caused by his or her service animal.

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