Where Oregon and federal law allow you to bring your assistance animal or service dog.

By Lisa Guerin, J.D.

Both the federal Americans with Disabilities Act (ADA) and Oregon's disability discrimination statute permit individuals with disabilities to bring assistance animals to all "public accommodations," which include stores, restaurants, theaters, hotels, government facilities, and more. Oregon's public spaces have to abide with both state and federal laws. The public accommodations that are covered, the animals that are considered assistance animals, and certain guidelines that you might need to abide by when using your service animal are all explained here.

What Are Public Accommodations?

You are allowed to bring your service animal into any public space in Oregon. Public accommodations encompass locations that are owned by the government but are accessible to the general public, as well as services that are rendered by governmental entities and made available to the public. Additionally, public accommodations can include facilities, goods, services, lodging, entertainment, transportation, and other amenities. For instance, this definition includes eateries, retail stores, hotels, service facilities, arenas, and hospitals. Specifically, public hospitals, private clubs, and certain penal facilities are not covered by Oregon law.

Under the ADA, the definition of public accommodations is both broad and detailed. It includes: 

• hotels and other lodging establishments
• public transportation and terminals, depots, and stations
• restaurants and other places that serve food and drink
• sales or rental establishments 
• service establishments
• any place of public gathering, such as an auditorium or convention center
• places of entertainment and exhibit, like theaters or sports stadiums
• gyms, bowling alleys, and other places of exercise or recreation
• recreational facilities, such as zoos and parks
• libraries, museums, and other places where items are collected or displayed publicly
• educational institutions, and
• social service centers, like senior centers, homeless shelters, and food banks.

Which Animals Are Covered?

Under the ADA, a service animal is a dog that has been individually trained to perform tasks or do work for the benefit of a person with a disability. Oregon law uses the same definition, but uses the term assistance animals rather than service animals. (In some cases, a miniature horse may also qualify as a service animal under the ADA, but not under Oregon law.) Examples of service animals that must be allowed into public accommodations under the ADA include:

• hearing dogs, which alert their handlers to important sounds, such as alarms and doorbells
• guide dogs, which help those who are visually impaired to navigate safely
• psychiatric service animals, which help those with mental or emotional disabilities by, for example, interrupting self-harming behaviors, reminding handlers to take medication, checking spaces for intruders, or providing calming pressure during anxiety or panic attacks
• seizure alert animals, which let their handlers know of impending seizures, and may also guard their handlers during seizure activity, and
• allergen alert animals, which let their handlers know of foods that could be dangerous (such as peanuts).

Neither the ADA nor Oregon's service animal law includes what some people call "emotional support animals": animals that provide a sense of safety, companionship, and comfort to those with psychiatric or emotional disabilities or conditions. Although these animals often have therapeutic benefits, they are not individually trained to perform specific tasks for their handlers. Under the ADA and Oregon law, owners of public accommodations are not required to allow emotional support animals, only service animals. 

Rules for Your Service Animal

A public accommodation cannot inquire about your impairment or require you to show identification, certification, or other documentation attesting to your animal's status or training under the Americans with Disabilities Act (ADA) and Oregon law. The establishment may only inquire about whether your animal is a service animal and what duties it fulfills for you if it is unclear what the animal does for you.

Both Oregon law and the Americans with Disabilities Act (ADA) forbid special entry fees or other additional charges for bringing service animals into public places. If your animal causes any harm, though, you might have to pay for it.

Under the ADA, your service animal can be excluded from a public accommodation if it poses a direct threat to health and safety (or example, if your dog is aggressively barking and snapping at other customers, the facility can kick the dog out). Your animal may also be excluded if it is not housebroken, or if it is out of control and you are unable or unwilling to effectively control it. 

Service Animals in Oregon Housing

It is illegal to discriminate against people who use service animals in rental housing accommodations under the federal Fair Housing Act. Your landlord cannot charge you more for having a service animal, but you may be responsible for any damages your animal causes. You must also be granted complete and equal access to all housing facilities. A "no pets" clause in your lease or rental agreement does not apply to your assistance animal.

In the event that your landlord has a "no pets" policy, you may be required to present trustworthy proof of your handicap and the connection between it and your requirement for a service or assistance animal as a form of accommodation. A doctor or other medical expert may supply this documentation. If your impairment and the need for a service or assistance animal are clearly visible, or if the landlord is already aware of them, they may not request paperwork from you. Your landlord probably cannot ask for paperwork if, for example, you are blind and rely on a guide dog to help you navigate.

Housing facilities are required by the federal Fair Housing Act to permit service dogs and emotional support animals, if needed, in order to provide a person with a handicap with an equal opportunity to utilize and enjoy the home. You must both have a disability and a need for the animal connected to your impairment in order to qualify under this clause. Put another way, the animal must be able to work, carry out duties or provide services, or lessen the psychological impact of your impairment in order to be eligible. Consult the Department of Housing and Urban Development's service animal guidelines for additional details.