The Honorable William S. Cohen
United States Senate
322 Hart Senate Office Bldg.
Washington, D.C. 20510-1901
Dear Senator Cohen:

        This letter is in response to your inquiry on behalf of
Ms XX , who has expressed concerns about access to
restaurants, housing, and common carriers by disabled individuals
accompanied by trained assistance animals.

        The ADA authorizes the Department of Justice to provide
technical assistance to entities that have rights or obligations
under the Act. This letter provides informal guidance regarding
the ADA's requirements concerning service animals. This
technical assistance, however, does not constitute a
determination by the Department of Justice of rights or
responsibilities under the ADA and does not constitute a binding
determination by the Justice Department.

        Under title III of the Americans with Disabilities Act (ADA)
and section 36.302 of the regulation issued by the Department of
Justice, a place of public accommodation, such as a restaurant,
hotel, retail store, or theater, is required to modify its
policies, practices, and procedures to accommodate the use of a
service animal, unless doing so would result in a fundamental
alteration or jeopardize the safe operation of the public
accommodation. As defined in section 36.104 of the title III
regulation, a service animal includes any animal individually
trained to do work or perform tasks for the benefit of an
individual with a disability. Service animals are not limited to
animals that assist people with hearing or sight impairments, but
also include those that otherwise assist individuals with
disabilities, such as by providing minimal protection or rescue
work, pulling a wheelchair, or retrieving dropped items.

cc: Records; Chrono; Wodatch; Barrett; McDowney; FOIA; Library.
    :udd:barrett:cong.cohen

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        Likewise, under the ADA regulation issued by the Department
of Transportation (49 C.F.R. Part 37) for the provision of
transportation services to individuals with disabilities by
public and private entities, section 37.167(d) requires those
entities to permit service animals to accompany individuals with
disabilities in vehicles and facilities. The regulation defines
the term "service animal" in the same manner as the Department's
ADA regulation.

        The Fair Housing Act (42 U.S.C.  3604(f)(3)(B)) prohibits
discrimination against a renter or buyer on the basis of
disability. Discrimination includes a refusal to make reasonable
accommodations in rules, policies, practices, or services, when
those accommodations may be necessary to afford a person with a
disability equal opportunity to use and enjoy a place of
residence. While the Fair Housing Act and the regulations issued
by the Department of Housing and Urban Development do not
specifically address service animals, it is likely that the Act
would at times require that service animals be allowed in a
housing facility in order to afford a disabled individual fair
use and enjoyment of the facility.

        I am enclosing the regulation issued by the Department of
Justice for title III of the ADA, as well as the Department's
title III Technical Assistance Manual. Information about this
subject can be found at sections 36.104 and 36.302 of the
regulation, pages 35554 and 35565 of the preamble, and section
4.2300 of the Manual. You may want to request further informa-
tion from the Department of Housing and Urban Development's
Office of Fair Housing, at 202-708-0404, or the Department of
Transportation, at 202-366-9305 or 9306, about the regulations
they have issued.

        I hope the above information is helpful in addressing your
constituent's concerns.

                                        Sincerely,


                                        John R. Dunne
.                                 Assistant Attorney General                   
                                     Civil Rights Division
Enclosures (2)
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