Date of Award

12-2024

Document Type

Legal Research Pathfinders

Degree Name

Juris Doctorate (JD)

Instructor

Paul Callister

Abstract

This pathfinder guide provides an overview into the laws that govern an animal’s rights and restrictions in hospitals, healthcare facilities, and other businesses that offer public accommodations. This guide is intended for attorneys, hospital administrators, and business owners who wish to understand what the law requires in their interactions with service animals. The information gleaned through this research can be used to develop legally compliant policies that protect all interested parties. Secondarily, this guide is intended for law students who would like to learn more about the legal rights and restrictions of service animals.

The guide will begin by discussing the legislative intent of the laws that created vested rights in animals and their handlers. Specifically, this guide will focus on the Americans with Disabilities Act (ADA) Title III. Title III is the portion of the ADA which instructs businesses that are open to the general public, also known as public accommodations, on how they are to interact with animals that are brought onto their premises. As businesses that offer public accommodations, hospitals and other healthcare facilities are bound by Title III of the ADA. However, due to the nature of the services a hospital provides, there may be special considerations that require attention. The aim of this guide is to equip researchers with the resources necessary to understand the rights and limitations of service animals in hospitals and other non-residential healthcare facilities. More broadly, this guide is applicable to any business that offers public accommodations. This guide will direct researchers to primary and secondary resources which clarify how the law can be applied in practical ways.

Resources utilized throughout this guide will include legal research subscription services as well as free on-line sources. This guide was created by a student, utilizing resources believed to be accurate and complete. However, it is the responsibility of each researcher to confirm both the extent and validity of resources they wish to use.

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