Service Animals on Agritourism Operations
People with disabilities frequently depend on service animals, especially dogs and sometimes miniature horses, to help them with daily tasks. These are trained animals that perform many essential tasks, such as helping those with mobility or balance issues, retrieving items for wheelchair users, preventing children with autism from wandering off, or alerting hard-of-hearing individuals when someone approaches from behind.
Under the Americans with Disabilities Act (ADA), public-facing businesses are required to make "reasonable modifications" in their practices, policies, or procedures to accommodate individuals with disabilities, ensuring accessibility as necessary. Under the ADA "a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person's disability."
We receive many questions about "emotional support animals". According to the ADA there is "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 mere presence provides comfort, that would not be considered a service animal under the ADA." Emotional support animals are not covered by the ADA.
If you are a farmer opening your farm to the public, you are not allowed to ask visitors about their disability or request documentation about their service animal. However, you can ask if the animal is a service animal and what specific tasks it is trained for. Service dogs can be excluded in certain areas of the farm if they may upset the existing animals or pose a contamination issue to food or other animals. If there are areas on the farm, like an on-farm store or areas without animals, visitors are allowed to have their service dog in any place that is open to the public, but they can be explicitly asked not to bring a service dog around other animals. In situations where service animals are permitted in certain areas of the property but not others, multiple methods of communication should be used. In addition to verbal instructions, the property owner could provide written instructions, a map, or post signage. In addition, if the service animal shows threatening behavior, the visitor can be asked to leave the farm. Owners of service animals cannot be charged fees when they visit public accommodations. However, if the service animal causes any damage, they would be required to pay.
Conclusion
Making your farm accessible to visitors of all abilities boosts their enjoyment and elevates your reputation as a business committed to inclusion and accessibility. However, sometimes, dogs with visitors on farms can cause issues, such as posing a threat to farm animals, biosecurity, food safety, and other visitors. Therefore, it is crucial for operators to have a code of conduct in place for visitors with service animals. This is highly dependent on the type of farm you are operating. It is important to let your visitors know your policy regarding dogs on the farm. An example of how one farm addresses this issue can be seen here: No Pets or Service Animals Allowed – Raprager Family Farm's
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific legal guidance, please consult an attorney.
References and Further Reading:
Pennsylvania Service Dog Laws and Emotional Support Animal Laws | Nolo
Frequently Asked Questions about Service Animals and the ADA | ADA.gov
