The ADA does not require covered entities to modify policies, practices, or procedures if it would “fundamentally alter” the nature of the goods, services, programs, or activities provided to the public.  For example, at a zoo, service dogs can be restricted from areas where the animals on display are the natural prey or natural predators of dogs. Hence, service dogs are not allowed in areas of the Psychology Building where laboratory research is being carried out with animals that are typically the natural prey of dogs. Prohibited areas include the lab wing areas on floors 2, 5, 6, 7, and 8 where research animals are housed and research is conducted. Service animals are also prohibited from riding in the freight elevator since research animals may be transported via this elevator. In addition, service animals may be prohibited from any laboratory in the building if they would fundamentally alter the nature of the activities being conducted therein.

As per the Campus Administrative Manual, in determining whether the presence of a service animal would fundamentally alter the nature of an activity the University will consider requirements of the of the Animal Welfare Act (7 USC §2131 et seq.), the Public Health Service Policy on Humane Care and Use of Laboratory Animals, and the most recent edition of the Guide for the Care and Use of Laboratory Animals published by the National Academies Press.

Emotional support, therapy, comfort, or companion animals are NOT considered service animals under the ADA and are not permitted in the Psychology Building.

If someone’s dog calms them when having an anxiety attack, does this qualify as a service animal? It depends. The ADA makes a distinction between psychiatric service animals and emotional support animals. If the dog has been trained to sense that an anxiety attack is about to happen and take a specific action to help avoid the attack or lessen its impact, that would qualify as a service animal. However, if the dog's presence merely provides comfort, that would not be considered a service animal under the ADA.

In situations where it is not obvious that the dog is a service animal, faculty and staff may ask only two specific questions: (1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform? We are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person's disability.

The ADA requires that service animals be under the control of the handler at all times. Under control also means that a service animal should not be allowed to bark repeatedly in a lecture hall, classroom, laboratory, or library. If a dog barks just once, or barks because someone has provoked it, this would not mean that the dog is out of control. However, if the dog barks in a setting where it would fundamentally alter the nature of a program or activity being conducted (for example, if a research project were investigating anxiety and the presence of a dog could trigger a state or condition that would affect the integrity of the experimental paradigm), the service animal may be asked to leave. Service animals may also be asked to leave and can subsequently be prohibited from the building if they show aggression toward their handler or other members of campus or the community.

We understand that the Psychology Department cannot require that documentation of flea treatment of a service dog be provided; however, the Department would appreciate the provision of such documentation, given the risk of infestation to the smooth operation of our animal research laboratories.