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What are the disability access laws ?
The Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, the Washington State Law Against Discrimination (RCW 49.60), and local ordinances prohibit local governmental agencies from discriminating against individuals with disabilities.
When I'm with my service animal, can a government employee ask me for details about my disability?
Government employees may ask if you have a disability that requires the use of a service animal, but generally cannot require you to provide information about your disability nor proof of your disability.
Can I be asked to show proof that my animal is a service animal and not just a pet?
There is no legal requirement for your service animal to be specially identified. Some, but not all, service animals wear special collars or harnesses; some are licensed or "certified" or have identification papers. A County staff person who is uncertain whether your animal is a pet may ask you if it is a service animal required because of a disability. A government office generally cannot require any written identification or certification of your service animal's status.
Can government agencies restrict the areas where my service animal can go?
Generally, no. Your service animal must be permitted to go with you to all areas of the facility where members of the public are normally allowed to go, unless its presence or behavior creates a "fundamental alteration" or "direct threat" to the safety of others. You cannot be segregated from others just because your service animal is with you.
Am I responsible for my service animal while I'm visiting government offices?
Yes. The care and supervision of your service animal is solely your responsibility. A government office is not required to provide care or food for your animal. Your animal should be on a leash or otherwise under your direct control.
Someone said they only admit guide dogs. Does this violate disability access laws?
Yes, if they refuse to admit some types of service animals on the basis of local health department regulations or other state or local laws. There is no evidence that healthy, vaccinated, well-trained service animals are any greater threat to public health and safety than members of the general public.
What if my service animal growls or nips at other people, or otherwise threatens people or other animals?
Your service animal might be excluded from a facility when your animal's behavior poses a direct threat to the health or safety of others. However, people may not make assumptions (speculate) about how your animal is likely to behave based on their past experience with other animals. Each situation must be considered individually. A government agency may exclude any service animal that is a direct threat to the safety of others, but they should give you the option of continuing to access their goods and services without having your service animal on the premises.
Can my service animal be excluded if it doesn't seem dangerous but is disruptive? There may be a few circumstances when an agency is not required to accommodate a service animal, such as when doing so would result in a "fundamental alteration" to the nature of the program or service being provided. For example, when a dog initiates unsolicited contact with other people (such as jumping on people, trying to be petted, incessant barking) and the animal's behavior results in the agency being unable to carry on normal business, the animal may be excluded. Any exclusion must be for reasons that are demonstrable, not speculative.
What about a "no pets" policy?
Legally, a service animal is not a pet. The ADA and Washington state law require government offices to modify a "no pets" policy to allow the use of a service animal by an individual with a disability. They may continue to have a no pets policy, but they must make an exception for service animals.
Can an agency charge a maintenance or cleaning fee, or safety deposit for people who bring service animals into their buildings?
No, they may not charge an additional fee related to your use of a service animal. However, if your service animal causes damage, an agency may charge you for the damage so long as they charge non-disabled clients for the same types of damage.
Must a government office let in the service animal that I am training?
No. The ADA and Washington state nondiscrimination laws do not address service animals that are not yet trained.
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