Assistance Animals In South Carolina
The Americans with Disabilities Act has several sections called Titles. One section, Title III, covers what are called “public accommodations.” These are private businesses or non-profit organizations that are open to the public. They include stores, restaurants/bars, banks, recreational places like theaters and gyms, services like barbershops, doctors offices, medical facilities, hotels and private educational facilities. For a full list of covered areas, go to the ADA website. Regulations from the US Department of Justice require that public accommodations allow someone with a disability to use a “Service Dog.” (28 C.F.R.§ 35.104) A Service Dog is a dog which has been specially trained to perform work or tasks to help a person in some way related to the person’s disability. A miniature horse may also be used, but no other animals.
There is no requirement that the animal’s training have been done by a professional trainer. People with disabilities can train their own Service Animals. In South Carolina, users of Service Dogs-In-Training are protected like those who use already trained Service Dogs. State law allows a Service Dog-in-training the same rights to enter a place of public accommodation (SC Code of Laws 43-33-20(d)).
There is no state or federal licensing requirement or any special identity card to show that a dog is a “Service Dog.” There is no requirement that the dog wear any kind of vest or badge.
To protect the privacy of the person with the disability, a place of public accommodation can ask only two questions if the person with a disability comes in with a Service Dog:
- Is this a Service Dog needed because of a disability?
- What work or tasks has it been trained to do?
Disability Rights South Carolina (DRSC) has prepared a card with this information that Service Dog users may carry with them. Print it yourself or contact DRSC for a copy.
If the dog is obviously a Service Dog (such as a guide dog for someone who is blind), there should be no questions.
A store, restaurant, or other place of public accommodation cannot ask for a demonstration of the task(s) the dog has been trained to do and cannot ask the person for information about their disability.
In South Carolina, it is a misdemeanor (SC Code 47-3-930 (A) – (C)) to interfere with the right of a person with a disability to use a Service Dog. The law applies to businesses that refuse service to someone who has a Service Dog. Places of public accommodation are not required to allow any animals other than a “Service Dog.” Public accommodations do not have to allow an “Emotional Support Animal” even if the owner may have a legal right to use it in other places such as in housing or in the workplace. There is no legal right to take an Emotional Support Animal into any public accommodation.
Questions about Service Dogs in Public Places
No. Under federal regulations, any breed can be a Service Dog. Only if a dog is out of control or has not been housebroken, can it be barred or removed. It cannot be assumed that a dog of any particular breed will misbehave.
Yes. South Carolina (SC Code 47-3-980) makes it an “offense” to claim a dog is a Service Dog, knowing that it is not. Police can write a ticket.
Yes. Handlers are allowed to remove the dog and then return themselves.
The staff should make arrangements so that the people are as far apart as possible.
Generally, Service Dogs are allowed anywhere the public is allowed in medical facilities, such as waiting rooms and most patient rooms. Service Dogs do not need to be allowed in sterile areas like operating rooms or sterile patient rooms. Service Dogs should normally be allowed in an ambulance, unless there would not be enough room in the treatment compartment to safely treat the patient.
Service Dogs are allowed to accompany their handlers in restaurants. They may be used along buffet or self-service lines. They are not allowed in food preparation areas.
Yes.
No. Hotels cannot charge an extra fee for a Service Dog or for any special cleaning done at the end of the visit. If a Service Dog does damage to the room, the owner can be charged, but cleaning deposits in advance are not allowed. A hotel operator may not assign a Service Dog user to a designated “pet friendly” room. All room types must be available.
It depends. If the development is considered a hotel/motel under the ADA, Service Dogs have to be allowed. However, not all resort rentals are covered by the ADA. To be covered as a hotel, the resort complex must provide “hotel” type services. Hotels usually make reservations for the type of room you want, not for a specific room number or unit. On the other hand, condos at resorts with private owners are generally specifically reserved. Also hotels usually have a walk up reservation service and have room service available. If the resort does not meet the Department of Justice (DOJ) definition of a hotel, units being rented are not considered “hotels” and are not required to allow Service Dogs. Note: If someone has a long-term rental at a resort, it may qualify as the person’s actual residence. If so, the Fair Housing Act applies, Service Animals and Emotional Support Animals should be allowed. See the Housing Laws section of this resource guide.
No. Places of religion are not covered by ADA Title III as places of public accommodation. Churches may voluntarily allow Service Dogs or Emotional Support Animals.
No. Private clubs do not need to allow service animals. These are membership organizations that charge significant dues and do not allow nonmembers, except on limited bases. They are not considered places of public accommodation. On the other hand, if a private golf club generally lets the public use its facilities, it is a place of public accommodation and Service Dogs are allowed.
Yes. Any cruise ship that makes port calls in the United States has to comply with the ADA and allow Service Dogs.
Yes. If the dog has been trained to perform a specific task to assist with the person’s disability, whether physical or mental, its benefit is considered different from that of general emotional support. These Service Dogs may be referred to as “psychiatric” Service Dogs. For example, dogs have been trained to notice their owner is becoming anxious and go over to calm the owner. Also the dog may signal the owner that mental health medication is needed. Without such specific task training, an animal could be an Emotional Support Animal providing general comfort to an owner with an emotional disability, but it would not be considered a “Service Dog.” See the Housing and Employment sections of this resource manual for more information about Emotional Support Animals and Service Animals in those settings.
The ADA does not exempt Service Dogs from state/local requirements to have animals vaccinated. If dog licensing requirements apply to all dogs, then a Service Dog also needs to have a license.