Millions of Americans are blind or have a serious visual impairment. Many use service animals like "seeing eye" or guide dogs to help them with everyday tasks. These animals and their owners enjoy many legal protections to make sure they're safe and treated fairly.

What's a "Service Animal"

Under the Americans with Disabilities Act (ADA), the major federal law protecting people with all sorts of disabilities or impairments, a service animal is defined, in part, as:

Any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals.

This new definition goes into effect in February 2011. It's a lot different than the old rule, which defined service animals as "any guide dog, signal dog or other animal individually trained to provide assistance to an individual with a disability."

Legal Protections

There are federal laws that guarantee your right to keep your guide dog or other service animal with you. As mentioned, the ADA gives many rights to those with vision and other disabilities. For instance:

  • Under Title I of the ADA, employers can't discriminate against employees or prospective employees because of their disabilities, including blindness or visual impairments. This means, for example, they can't fire or refuse to hire people because of their impairments. Generally, employers are required to make reasonable accommodations for their workers' disabilities. This may include, for example, letting employees bring their service animals to work
  • Under Title III of the ADA, those who are blind or have severe visual impairments have to be given equal access to places of public accommodation. These include hotels, motels and inns; restaurants; retail stores; music and movie theaters; health clubs and practically any other business or establishment that's open to the public. Again, as a general rule, places of public accommodation must let you take your service animal onto their premises, or make some other reasonable accommodation that lets you enjoy the establishments' goods or services

Also, Section 504 of the Rehabilitation Act of 1973 makes it illegal for any program and activity that gets funding discriminate against somebody based upon a disability, such as blindness. This law covers practically every public school - from elementary schools to colleges and universities - as well as assistance or "outreach" programs that get federal aid.

There's no national law requiring you to have your service animal registered to certified as a service animal. And it's a violation of the ADA for a business or establishment to require proof of certification or registration before you're allowed to enter the premises.

State Laws

Many states have laws similar to the federal anti-discrimination laws, so be sure to check the laws in your area to see if there are any laws protecting your right to keep your service animal with you.

Also, many states have other laws affecting people with severe vision problems. For example, many states have:

  • "White Cane Laws." They're safety laws. For example, in Wisconsin and Florida, drivers face traffic citations or tickets if they don't pay extra attention to pedestrians accompanied by guide dogs or who are carrying white (or white with red tips) canes
  • Practically all states or local governments require dogs, including guide dogs, to be licensed. This usually involves proof that the dogs have been vaccinated against various diseases, such as rabies. Many states don't charge a fee for guide dogs, however

As a general rule, you're allowed to take your service animal practically everywhere you go. By knowing your rights, you can help make sure employers, businesses, schools and many others don't trample them or the rights of others who rely on service animals.

If you think you're being treated unfairly because of your disability, contact an attorney, your state's attorney general's office, or the US Department of Justice's Civil Rights Division.

Questions for Your Attorney

  • My autistic child's cat helps keep him calm. Is the cat a "service animal" under the ADA?
  • Can a hotel charge me an "room cleaning fee" if my guide dog stays in the room with me?
  • Is there any way to stop the new ADA service animal rule from going into effect?