While places of public accommodations have long been prohibited from discriminating against individuals with a disability, a new law makes clear that required accommodations extend to individuals with a disability that use “service animals.” Under Act 217,[1] a “service animal” must be a dog trained to perform work or tasks for the disabled individual. Specifically excluded from the definition of “service animal” are other animals, regardless of whether they are trained, as well as animals that only provide comfort.
Act 217 defines a “service animal” as:
[A]ny dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by the service animal must relate directly to the individual’s disability. Neither the potential crime deterrent effects of an animal’s presence nor the provision of emotional support, comfort, or companionship by an animal constitutes work or tasks for the purposes of this definition.
Act 217 not only confirms that a service animal must be a dog, but also imposes a fine upon anyone who knowingly misrepresents as a service animal any animal that fails to meet the definition of “service animal.” The fine for a first violation ranges from $100 to $250. Each subsequent violation is subject to a minimum $500 fine.
Proving a violation of Act 217 may be challenging, however, since only knowing misrepresentation of a service animal is prohibited. Individuals who mistakenly believe their animal qualifies as a service animal would not be subject to the fine. Violations may be reported to the police.
Additionally, businesses may have difficulty uncovering whether the animal is indeed a “service animal.” According to the U.S. Department of Justice (DOJ) guidance on the Americans with Disabilities Act, a business can only make two inquiries:
- Is the service animal required because of a disability?
- What work or tasks has the dog has been trained to perform?
Businesses cannot (1) ask for documentation or other proof of the dog’s ability to help the individual and (2) require service animals to wear a specific vest, ID tag, or harness.
More information about the DOJ’s guidance on service animals can be accessed here.
[1] Act 217 does not amend laws related to employment and fair housing laws. On July 17, 2018, the Hawaii Civil Rights Commission and Disability Communication Access Board issued a press release explaining that under fair housing laws, a reasonable accommodation is not limited to service animals but may more broadly include “assistance animals.” “Assistance animals” include support animals, therapy animals, and comfort animals.