If You're Denied Access

In A Business
On an Airplane
To Housing
In Medical Situations

Under the ADA
Under Title III of the ADA, any private business or non-profit service provider who refuses you access is in violation of the ADA. That doesn't mean the Department of Justice will immediately swoop down on the offender like an avenging angel. The DOJ generally requires what they call a "pattern" of violations. But you're far from helpless!

 

Special Note for Healthcare Violations

Doctors offices and hospitals are covered under the ADA, but few of them have procedures for access in place. A set of recommended hospital procedures is available on this site. The Association for Professionals in Infection Control and Epidemiology (APIC) also released an article on Service Animals in health care settings, which is available on this site. Your best bet in gaining access to a private physician's office is to call and negotiate for access beforehand, maybe after giving them a copy of the APIC report and this advisory letter from the DOJ. If that fails, write letters of complaint to:

 

Under the FHA
The Fair Housing Access Law of 1988 covers Service Animals in housing, if indirectly. The law does cover individuals with a wide range of physical and mental impairments. The law requires a landlord to make reasonable accommodations to rules, policies, and practices that will ensure housing is made available to people with disabilities. For example, a landlord must make an exception to a "no pets" rule in order to accommodate a blind individual who needs a seeing-eye dog.

A great overview is the article "Service Animals in Housing" put out by the National Service Dog Center.

If you have to fight for your rights under this law, the most important advice is DOCUMENT EVERYTHING. If your apartment manager sends you a note about your dog, save it. If you write a response, save a copy. If someone tells you something, ask if they'll send you a letter documenting what they said. If they won't, write it down yourself and include who said it, the date and time, and names of any witnesses who might have also heard it. Work the chain of command; for example, in an apartment complex, your first step is the building manager, then the complex manager, and finally the property owner.

Consider involving your local housing authority. Also, you may need an attorney to help with your rights under this law. If you can't afford one, the National Legal Aid and Defender Association may be of assistance. Contact them at www.nlada.org or at (202) 452-0620. In addition, the ACLU may be able to help.

The Department of Justice says: [c]omplaints of Fair Housing Act violations may be filed with the U.S. Department of Housing and Urban Development. For more information or to file a complaint, contact:

Office of Program Compliance and Disability Rights
Office of Fair Housing and Equal Opportunity
U.S. Department of Housing and Urban Development
451 7th Street, S.W. , Room 5242
Washington, D.C. 20410

www.hud.gov/offices/fheo/index.cfm

(800) 669-9777 (voice)
(800) 927-9275 (TTY)

For questions about the Fair Housing Act, you may call the Office of Fair Housing and Equal Opportunity at:

(202) 708-2333 (voice)
(202) 401-1247 (TTY

Under the ACAA
Most service dog-savvy air travelers know that airlines are not covered under the ADA. They have a separate set of rules, called the "Air Carrier Access Act". Also, there are specific guidelines for going through security checkpoints with a service dog. The TSA (Transportation Security Administration) information is HERE

(1) Carriers shall accept as evidence that an animal is a service animal identification cards, other written documentation, presence of harnesses or markings on harnesses, tags, or the credible verbal assurances of the qualified handicapped person using the animal.

(2) Carriers shall permit a service animal to accompany a qualified handicapped individual in any seat which the person sits, unless the animal obstructs an aisle or other area that must remain unobstructed in order to facilitate an emergency evacuation.

Basically, though, if they deny you access and/or fail to make special arrangements (like giving you a bulkhead seat if you request one), they're in violation. Here's what you do:

Aviation Consumer Protection Division, C-75
U.S. Department of Transportation
400 7th Street, SW
Washington, DC 20590
Federal Aviation Administration, A0A-20
800 Independence Avenue, SW
Washington, DC 20591

 


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