Agritourism enterprises often welcome customers with service animals, and most visits go well. However, if there was a problem, the situation may not have been handled well.
Jackie Schweichler, staff attorney at Penn State Center for Agriculture & Shale Law, explained the laws in place for service animals on agritourism properties.
“The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against people with disabilities,” said Schweichler. “The ADA guarantees that people with disabilities have the same opportunities to purchase goods and services.”
A person with a physical or mental impairment that substantially limits one or more major life activities is covered by the ADA. The ADA also protects people who have a history of a disability such as cancer. The ADA states that a place of business must allow service animals to accompany people with disabilities in all areas of the facility where the public is allowed.
The ADA is broad and inclusive of a wide variety of disabilities, and Schweichler said when in doubt, it’s best to assume the disability is covered.
“Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities,” said Schweichler. “The work or task the dog has been trained to provide must be directly related to the person’s disability. Service animals are not considered pets.”
There are no dog breed restrictions for service animals, even if a local municipality has breed restrictions.
“People are often confused about the difference between service animals and emotional support animals,” said Schweichler. “Emotional support animals are not service animals – their function is to provide comfort or emotional support.” Emotional support animals are not protected by the ADA.
Agritourism businesses must allow service animals onto the property; however, they are generally not required to allow emotional support animals. Double-check state and local laws regarding emotional support animals.
When guests enter with a service dog, staff cannot ask about a person’s disability and cannot require medical documentation. Staff cannot require a special identification card or training documentation for the dog and cannot ask the dog to demonstrate its ability to perform the work or task. Staff cannot ask for proof the animal is certified, trained or licensed.
“There are no specific training or certification requirements for service animals,” said Schweichler. “Most service animals have extensive specialized training, but people with service animals are not required to do any specific training or acquire any kind of certificate. If the person with a dog is obviously disabled, assume the animal is a service animal.”
In some cases, a service dog can be denied entrance to a business. “A service animal can be excluded by a business if the dog’s presence would fundamentally alter the nature of the goods, services, programs or activities provided to the public,” said Schweichler.
If a guest arrives on foot with a dog and an aid such as a mobility cane, staff may ask if the dog is a service dog required due to a disability, and if so, what tasks has the dog been trained to perform.
To avoid confusion, businesses should have clear policies about pets on the property. Outline the pet policy on the business website, social media and on signs around the business. Service animals are not pets, so if people are allowed to bring pets and are charged a fee for pets, service dogs cannot be charged the fee.
Service dogs are usually trained to not relieve themselves unless directed to by their handler. “In most cases, a service dog on a farm shouldn’t be an issue,” said Schweichler, “but you might not want a dog relieving itself on a crop.”
There’s always a chance a guest on your property is allergic to or afraid of dogs. “The answer isn’t easy,” said Schweichler. “You as the business owner must figure out how to accommodate both parties.”
Most agritourism activities are outdoors with ample space and it shouldn’t be difficult for the two parties to remain separated. Staff should be aware of how to recognize this situation and ensure the two parties are in different areas while maintaining the safety and well-being of both.
There are obligations for those bringing service animals onto a property, including dogs being on a leash or tether and under the control of their handler at all times. If the service animal cannot be leashed because it would interfere with task performance, it must be managed by voice or other means of handler control.
For operations that serve food and have concerns about dogs in foodservice areas, the ADA specifically allows service animals to be in food establishments, even if a state or local health code prohibits animals.
There are two conditions under which the ADA allows a service animal to be removed: if the dog is out of control and the handler doesn’t take effective action to gain control, and if the dog is not house trained.
“Out of control” depends on the situation. Uncontrollable barking, growling, lunging and biting are considered out of control. However, if a service animal growls or barks after being provoked, it isn’t considered out of control. If a stranger reaches down to touch a dog against the wishes of the handler, brief growling is not considered out of control.
If it’s clear the service animal is out of control, staff may ask the person to remove the animal from the farm. “If you do this, you must allow the person to come back onto the property without the service animal,” said Schweichler. “If they cannot leave their service animal but want to make a purchase, the farm owner or staff must facilitate the transaction.”
Miniature horses are sometimes used as service animals. The ADA includes miniature horses with a “reasonable modification.”
“The primary focus should be on ‘reasonable modification,’” said Schweichler. “Miniature horses are not the same as service dogs, and don’t receive the same level of deference. But if they can be accommodated with reasonable accommodation, the business has to allow them to enter.”
For the most part, all the rules pertaining to service dogs apply to miniature horses, such as not charging a guest for bringing a miniature horse.
Deciding whether to allow a miniature horse on the property depends on factors such as whether it’s housebroken and whether its presence would compromise legitimate safety requirements.
This information is not intended as legal advice. For details on handling service animals and agritourism, contact a qualified attorney.
by Sally Colby
