Are Miniature Horses Service Animals Under The Ada?

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Paradigm past Erin Kelly via KPIX CBS SF Bay Area

Just when you think you've seen it all, imagine your astonishment when boarding the train for your forenoon commute to find you're sharing the ride with a miniature horse. That's exactly what happened to some passengers taking BART (Bay Expanse Rapid Transit) in the San Francisco Bay Expanse on a Nov morning in 2019.

Yes, the miniature horse is a service animate being, as so divers nether the Americans with Disabilities Act (ADA), and is allowed in "public accommodations" including banks, restaurants, hotels, shopping centers, and on public transportation (and see our blog on ride-sharing and service animals).

When the ADA was amended in 2010 (constructive March 2012), the Department of Justice (DOJ) antiseptic that just specially trained dogs, and some miniature horses, qualified as service animals. Hoteliers, restaurant owners, retailers, bankers and others breathed a sigh of relief when "service animals" no longer included chimpanzees, lizards, snakes, or dogs that are not actually trained to assist their disabled owners. Why are miniature horses allowed? It seems there is a strong lobby in the disabled customs for the inclusion of miniature horses, which are able to pull wheelchairs and perform other tasks for their disabled owners. Miniature horses typically can live longer than service dogs and are hypoallergenic.

Simply, back to your commute with the horse… and now imagine the miniature horse and its possessor disembarking at the Montgomery Street station, taking the lift up to the street level, and so dining at Perbacco for dejeuner after which they caput to Spousal relationship Square for some upscale shopping in a trendy boutique earlier heading abode again, on BART. While this is in our imagination simply, it is a possible scenario.

What would you lot exercise, equally the proprietor, hostess, server or cashier when a miniature horse enters your establishment with its disabled owner?

Outset, recognizing that miniature horses are a legitimate service animal is important. It's important to train your staff to welcome service animals and their owners, and so they don't reject service to someone with a 18-carat service animal.

All of your staff should know what questions they can ask – and perhaps more importantly, what questions non to enquire – a person with a service fauna.

It'south also practiced to know that the disabled owners of service animals are responsible for their animal: the fauna cannot exist a threat or danger to anyone, and the possessor is responsible for cleaning up later the creature. If the service horse presents a legitimate danger to the public, you can ask the owner to get the animate being under control or to put the animal in the car. The disabled customer is always welcome in the premises.

According to the DOJ's website, "The handler is responsible for caring for and supervising the service animal, which includes toileting, feeding, and grooming and veterinarian care. Covered entities are not obligated to supervise or otherwise intendance for a service beast."

Also, under the ADA, "…the domestic dog must already exist trained before it can be taken into public places. Nonetheless, some Country or local laws cover animals that are nonetheless in training."

Having written policies and procedures in identify is also important, and can assist protect your business organization in ADA litigation, if at that place is a misunderstanding and the disabled owner of the miniature horse files a lawsuit against you lot.

And a hearty, "Hi-ho Silver Away!"

Encounter our other blogs nigh how to best handle service animals in your establishment:

FAQs about the ADA'south legal requirements for service animals

Who's crying "woof"? What you should know nigh ADA requirements for disabled guests and their service animals

ADA Compliance & Defense Lawyer: Updating Service Animal Policies for Your "Identify of public adaptation"

Please contact the states if you would similar to discuss ADA compliance and defense issues.

Martin H. Orlick is one of the top ADA defense force lawyers in the country. He has helped hotels, restaurants, retailers, shopping centers, banks and other commercial property owners defend more than than 600 ADA cases. In add-on to defending lawsuits and governmental investigations, Marty'south team of ADA specialists focuses on enterprise-wide ADA compliance and litigation prevention, including facilities, website and operational compliance. Marty is the Chair of JMBM's ADA Compliance & Defense force Group, a Partner in JMBM's Real Estate Group, and a member of the American College of Real Estate Lawyers (ACREL). For more than data about ADA compliance and defense, contact Marty Orlick at 415.984.9667 or morlick@jmbm.com.