C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 35—NONDISCRIMINATION ON THE BASIS OF DISABILITY IN STATE AND LOCAL GOVERNMENT SERVICES › Subpart B—General Requirements

28 C.F.R. § 35.136

Service animals

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) General. Generally, a public entity shall modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability.

(b) Exceptions. A public entity may ask an individual with a disability to remove a service animal from the premises if—

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

(2) The animal is not housebroken.

(c) If an animal is properly excluded. If a public entity properly excludes a service animal under § 35.136(b), it shall give the individual with a disability the opportunity to participate in the service, program, or activity without having the service animal on the premises.

(d) Animal under handler's control. A service animal shall be under the control of its handler. A service animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal's safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler's control (e.g., voice control, signals, or other effective means).

(e) Care or supervision. A public entity is not responsible for the care or supervision of a service animal.

(f) Inquiries. A public entity shall not ask about the nature or extent of a person's disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A public entity 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 entity shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Generally, a public entity may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).

(g) Access to areas of a public entity. Individuals with disabilities shall be permitted to be accompanied by their service animals in all areas of a public entity's facilities where members of the public, participants in services, programs or activities, or invitees, as relevant, are allowed to go.

(h) Surcharges. A public entity shall not ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees, or to comply with other requirements generally not applicable to people without pets. If a public entity normally charges individuals for the damage they cause, an individual with a disability may be charged for damage caused by his or her service animal.

(i) Miniature horses. (1) Reasonable modifications. A public entity shall make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability.

(2) Assessment factors. In determining whether reasonable modifications in policies, practices, or procedures can be made to allow a miniature horse into a specific facility, a public entity shall consider—

(i) The type, size, and weight of the miniature horse and whether the facility can accommodate these features;

(ii) Whether the handler has sufficient control of the miniature horse;

(iii) Whether the miniature horse is housebroken; and

(iv) Whether the miniature horse's presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.

(3) Other requirements. Paragraphs 35.136(c) through (h) of this section, which apply to service animals, shall also apply to miniature horses.

[AG Order No. 3180-2010, 75 FR 56178, Sept. 15, 2010; 76 FR 13285, Mar. 11, 2011]
Notes of Decisions
Cited in 33 cases (13 in the last 5 years), 2011–2026 · leading case: Alboniga v. Sch. Bd. of Broward Cnty. Florida, 87 F. Supp. 3d 1319 (S.D. Fla. 2015).
Sort: Relevance Newest Treatment
Alboniga v. Sch. Bd. of Broward Cnty. Florida, 87 F. Supp. 3d 1319 (S.D. Fla. 2015). · cites it 20× “The School Board’s policies implementing its interpretation of 28 C.F.R. § 35.136 states that “[i]n the case of a young child or a student with a disability who is unable to care for and supervise his/her service animal, a handler provided by the parent is responsible for…”
Anderson Ex Rel. C.A. v. City of Blue Ash, 798 F.3d 338 (6th Cir. 2015). · cites it 6× “See 28 C.F.R. § 35.136 (i)(2). The FHAA also calls for a “highly fact-specific inquiry.”
Traci Berardelli v. Allied Servs. Inst. of R, 900 F.3d 104 (3rd Cir. 2018). · cites it 3× “shall modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability," 28 C.F.R. § 35.136 (a). As the court observed in Alboniga v.”
Sykes v. Cook Cnty. Circuit Court Prob. Div., 837 F.3d 736 (7th Cir. 2016). · cites it 2× “28 C.F.R. § 35.136 (g). Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities.”
Sak v. City of Aurelia, 832 F. Supp. 2d 1026 (N.D. Iowa 2011). · cites it 7× ““Service animal” regulations under Title II The Attorney General recently promulgated a regulation specifically requiring public entitles to accommodate disabled individuals’ use of “service animals,” 28 C.F.R. § 35.136 . That regulation, in pertinent part, provides as follows:…”
People v. Tapley, 2020 IL App (2d) 190137 (Ill. App. Ct. 2020). · cites it 2× “9, 2009) (trial court’s “task or function” inquiry to determine whether dog was bona fide service animal entitled to accompany the plaintiff into the courthouse was a permissible inquiry under the ADA); see also 28 C.F.R. § 35.136 (f) (2019). Defendant maintains that the trial…”
Mia Bennett v. Hurley Med. Ctr., 86 F.4th 314 (6th Cir. 2023). “”5 28 C.F.R. § 35.136 (a). Specifically, it 5 A service animal is defined 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.”
United States v. Gates-Chili Cent. Sch. Dist., 198 F. Supp. 3d 228 (W.D.N.Y. 2016). · cites it 4× “See 28 C.F.R. § 35.136 (e); 28 C.F.R. pt. 35, app.”
Osborne v. Yasmeh, 1 Cal. App. 5th 1118 (Cal. Ct. App. 2016). · cites it 2× “” ( 28 C.F.R. § 35.136 (g) (2016).) In addition, “[a] public entity shall not ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees, or to comply with other requirements generally not applicable to people…”
Doucette v. Jacobs, 936 F.3d 16 (1st Cir. 2019). “" 28 C.F.R. § 35.136 (a). In addition, a public school may, in some instances, violate disability laws by requiring a student to provide an outside adult handler to accompany the student and her service animal at school.”
Alejandro v. Palm Beach State Coll., 843 F. Supp. 2d 1263 (S.D. Fla. 2011). · cites it 3× “130 (b)(7), 28 C.F.R. § 35.136 , and Section 504, 34 C.”
People v. Tapley, 2020 IL App (2d) 190137 (Ill. App. Ct. 2020). · cites it 2× “9, 2009) (trial court’s “task or function” inquiry to determine whether dog was bona fide service animal entitled to accompany the plaintiff into the courthouse was a permissible inquiry under the ADA); see also 28 C.F.R. § 35.136 (f) (2019). Defendant maintains that the trial…”
Show all 33 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.