Is it within our rights as a hotel to request proof that a guest's dog is a service animal?

Question

I am a clerk at a hotel in Tampa, FL, & was recently notified of an incident where one of our newly hired clerks allowed a guest to check into one of our rooms with a dog, which is against our policy.
Upon checkout, the Assistant Manager saw the dog & inquired as to what it was doing in the hotel & told the woman that we didn't allow pets and that a $30 cleaning fee was applicable. The guest stated that it was not a 'pet', but rather a service animal.
I was not present at the time to know how the dog looked, but from previous experience, I know that service dogs typically are easily spotted due to their special harnesses, etc.
The A.M. requested that the guest present a certificate proving the dog was a 'service animal' & not a 'pet'. The guest couldn't provide the document, but had the A.M. contact the supplier of the animal who told the A.M. that it was illegal to request such information.
Can anyone help me with this for future such incidents (with links to documentation)?

Hey, thanks for the link, guys! I had previously been faced with the same situation and I, too, permitted the dog to enter once the guest notified me that it was a service animal. I thought that they were permitted with no penalty and no exceptions or questions and notified management of this at that time, but it's nice to have documented answers of the legal issues that could arise out of the situation. I have printed this information out and highlighted the corresponding sections to pass on to management and ultimately to notify the entire staff of this policy. Thanks so much again for the information.

Answer 1

You bet you can ask

http://www.usdoj.gov/crt/ada/qasrvc.htm

Answer 2

Hmm... Looks like you can't ask anything at all. You just have to take the customer's word for it. (talk about being able to take advantage of this loophole)

"3. Q: How can I tell if an animal is really a service animal and not just a pet?

A: Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability. However, an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability. Therefore, such documentation generally may not be required as a condition for providing service to an individual accompanied by a service animal. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability."

"7. Q: Can I charge a maintenance or cleaning fee for customers who bring service animals into my business?

A: No. Neither a deposit nor a surcharge may be imposed on an individual with a disability as a condition to allowing a service animal to accompany the individual with a disability, even if deposits are routinely required for pets. However, a public accommodation may charge its customers with disabilities if a service animal causes damage so long as it is the regular practice of the entity to charge non-disabled customers for the same types of damages. For example, a hotel can charge a guest with a disability for the cost of repairing or cleaning furniture damaged by a service animal if it is the hotel's policy to charge when non-disabled guests cause such damage."

10. Q: What if a service animal barks or growls at other people, or otherwise acts out of control?

A: You may exclude any animal, including a service animal, from your facility when that animal's behavior poses a direct threat to the health or safety of others. For example, any service animal that displays vicious behavior towards other guests or customers may be excluded. You may not make assumptions, however, about how a particular animal is likely to behave based on your past experience with other animals. Each situation must be considered individually.

Although a public accommodation may exclude any service animal that is out of control, it should give the individual with a disability who uses the service animal the option of continuing to enjoy its goods and services without having the service animal on the premises."

Answer 3

I see that others have given you some good sources which can help you with the question. What I would suggest is that you have an attorney draw up a sheet, in which the person somehow must acknowledge that they have represented the animal as a service animal to you and your establishment. If not a sheet, one can notify the customer that you will record their acknowledgement that the animal is a service animal. This could come in handy if your customer lied about the animal and it either attackes someone or causes damage.

Answer 4

I'm an airline employee. We have this problem sometimes. It is better if you just accept these "service pets" unless you have a compelling reason not to (i.e. animnal appears dangerous). It is sad that some people choose to abuse the service animal designation, but there is little you can do.

Answer 5

it is not against the law for you to ask to see the proper work, that is why they are supposed to carry the paperwork with them at all times when they want to enter a hotel, restaurant, any building or form of transportation, and any other place that normally do not allow animals inside. they also can go into a hospital room but not surgical rooms..they were pulling a game for sure......

Answer 6

Many of these dogs are still in training, but do qualify as service animals.
The owner may not yet have papers.