# 53 
                                   
T. 10/12/97
RJM:SBO:kgf
DJ# 192-06-00029

                                             October 26, 1992






Ms. Corey Hudson
Executive Director
Canine Companions for Independence
4350 Occidental Road
P.O. Box 446
Santa Rosa, California  95402-0446

Dear Ms. Hudson:

     This is in response to your letter concerning service animals under title III of the
Americans with Disabilities Act (ADA).  We apologize for the delay in responding.

     The ADA authorizes the Department to provide technical assistance to entities that
are subject to the Act.  This letter provides informal guidance to assist you in
understanding how the ADA may apply to public accommodations.  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
Department of Justice.  

     Under section 36.302 of the enclosed title III rule, a public accommodation must make
reasonable modifications in its policies, practices, and procedures to avoid
discrimination.  A public accommodation must modify its policies to permit the use of a
service animal by an individual with a disability, unless doing so would result in a
fundamental alteration of the goods or services provided.  These concepts are further
discussed in section III-4.2000 of the enclosed title III technical assistance manual.  As
defined in section 36.104, the term "service animal" includes any guide dog, signal dog
(e.g., a "hearing dog"), or other animal individually trained to do work or perform tasks
for the benefit of an individual with a disability.

     You asked how public accommodations will determine whether an accompanying animal is
a service animal.  The title III regulation does not permit public accommodations to
require any type of identification or certification of status to be shown.  
Moreover, the fact that a particular State law may require the showing of identification
is irrelevant for purposes of determining rights under the ADA.  However, section
36.301(b) of the title III regulation permits a public accommodation to impose legitimate
safety requirements that are necessary for safe operation of the public accommodation. 
Thus, a public accommodation may ask that the animal be removed when such removal is
necessary for safe operation.  

     You also asked about the relationship between title III and State laws.  Title III
does not preempt any State law, if that State law provides protection for individuals with
disabilities at a level greater or equal to that provided by the ADA.  As explained in
section 36.103(c), the ADA does, however, prevail over any conflicting State laws, or
those laws that provide lesser protection against discrimination.

     For example, assume that an individual with a disability, accompanied by a monkey as
a service animal, enters a hotel in a State where the State law requiring access for
service animals is limited to "guide dogs."  Because this provision would result in a
level of access that is less than that provided by title III, the hotel may not rely on
the State law as a basis for prohibiting access for the monkey.  A similar conclusion
would apply to the situation you are concerned about, in which presentation of
certification verifying the status as a service animal is a prerequisite to granting
access to a place of public accommodation under a State law.  Because the State law
provides a level of access that is less than that provided by title III, the ADA would not
permit the hotel to require presentation of such certification.

     I hope this information has been helpful to you.

                            Sincerely,



                        Stewart B. Oneglia
                              Chief
                 Coordination and Review Section
                      Civil Rights Division

Enclosures (2)