Community Integration, Service Animals and Transportation

Places of Public Accommodation 

Let’s start with public places such as restaurants, stores, movie theaters, basically anywhere the public is welcome. Title III of the ADA protects your right to access such places of “public accommodation.”

For example, public places should have accessible parking, which in Florida means a 12-foot-wide spot with a 5-foot-wide striped access aisle next to it. One access aisle may be shared by two accessible parking spaces. This aisle provides the extra space needed for a wheelchair lift if a vehicle has one. No one is allowed to park in these access aisles, and vehicles should be carefully parked outside of the striped area.

The appropriately marked accessible parking spaces for people with disabilities are only for those who have a disability parking placard issued by the state or a disability (wheelchair) license plate. For additional information about obtaining a disabled parking permit, visit www.flhsmv.gov/motor-vehicles-tags-titles/disabled-person-parking-permits. People who park in accessible spaces without a permit can be ticketed, and fines can be as high as $500. 

From the parking lot into the business, there should be an accessible route that includes curb cuts, ramps and an entrance with a minimum of 32-inch clearance. Many places have automatic door openers, motion detectors or push buttons. While these are very helpful, it is not required under the law to have any automatic doors. However, the pressure it takes to open interior, sliding or folding doors cannot exceed five pounds. For comparison purposes, things that weigh about five pounds might be a butternut squash, chihuahua or laptop computer.  

Once inside, any goods and services provided to the public should also be available to you. In a store, for instance, if there is a problem with narrow aisles, products out of your reach, or some other issue that prohibits access, employees should provide assistance upon request. If at a restaurant you need an accommodation, such as someone to read a printed menu, ask the server for assistance. Places of public accommodation must provide reasonable accommodations, but it is your responsibility to ask
for them. 

If a request is unreasonable, a place of public accommodation is not required to provide it. Some examples include help with eating, dressing or going to the restroom. Many stores may have electric carts to assist customers with mobility disabilities; however, these are not actually required under the ADA. So, an individual may need to bring their own mobility device (wheelchair, scooter, walker, crutches, etc.) If you need a mobility device, speak with your physician. Your health insurance may cover the cost of a mobility device. You can also contact your local Center for Independent Living (CIL), because many have devices available for loan.  You can find your local CIL by visiting www.floridacils.org.

Service Animals

Individuals with disabilities who have service animals have the same equal access rights as those who do not have service animals. 

Some service animals are trained through an organization, while others are trained by the individual person. Under the ADA, the definition of a service dog is “any 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.” If they meet this definition, dogs are considered service animals under the ADA, regardless of whether they have been licensed or certified by a state or local government.

In addition to its provisions about service dogs, the ADA also has separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. Miniature horses generally range in height from 24 to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds. No other animal can be considered a service animal under the definition, and thus other animals may not be allowed in public places. 

Only two questions are permitted when questioning the validity of a service animal:

1  |  Is the dog a service animal required because of a disability?

2  |  What work or task has the animal been trained to perform?

It is very important that the dog has been trained to do a specific job or task for you and your specific disability needs. If a dog is an emotional support animal, and its primary purpose is to bring comfort, the ADA’s protections regarding access to places of public accommodation do not apply. The rules for emotional support animals are different when it comes to housing, however. They may be considered reasonable accommodations under the Fair Housing Act.

State and Local Government Services

Title II of the ADA prohibits discrimination on the basis of disability in all state and local government services, programs and activities. This includes, among other things, services, programs and activities provided by public schools, colleges and universities. For instance, after-school programs, summer camps and other activities available to the public must be accessible to youth with disabilities. If you have difficulty accessing a government facility or program, contact the local ADA Coordinator for the city or county, depending on which oversees the program. You should be able to find contact information on the city or county website or you can call city hall or the county office for assistance.

If you encounter problems accessing places of public accommodation or local or state government services, programs and activities, you can file a complaint with the U.S. Department of Justice (DOJ), which enforces Titles II and III of the ADA. Instructions on how to do so are available at www.ada.gov/filing_complaint.htm. You can also call DOJ’s ADA hotline at 800-514-0301.

It is important to note that it is also illegal to discriminate against someone based on disability in the delivery of services, programs and activities provided by the Federal Government. In this case, protections are provided under Section 504 of the Rehabilitation Act.

Transportation

Title II of the ADA also requires public transit systems be accessible to individuals with disabilities. This means an individual with a disability must be able to get to a bus or train stop, board a bus or train and travel to their destination successfully. The ADA requires public transit entities, which provide fixed-route bus or rail services, to also provide complementary paratransit services (shared or individual rides) to people with disabilities who cannot, because of their disability, access the fixed-route system. Individuals with disabilities must apply for and be determined eligible for paratransit services. 

Motor Coaches – A coach is a bus used for longer distance service and used for touring and intercity travel. They may also be used for private charter for various events. With 48-hours advanced notice, the ADA requires all motor coach companies to provide services in an accessible vehicle for individuals with disabilities. A motor coach is also known as an “over-the-road bus (OTRB).” A motor coach or OTRB differs from a fixed route (city) bus by its design; it typically has an elevated passenger deck located above a baggage compartment.

The Federal Transit Administration (FTA), which is part of the U.S. Department of Transportation (DOT), helps ensure public transportation systems are accessible to individuals with disabilities. For general information or assistance, contact the FTA at www.transit.dot.gov or call 202-366-4043 or, for Florida residents, 404-562-3500. 

Air Travel

The Air Carrier Access Act (ACAA) makes it illegal for airlines to discriminate against passengers because of a disability. DOT is responsible for enforcing the ACAA, which applies to all flights to, from or within the U.S. 

If you are planning to travel by air, do research in advance to address your needs and request any accommodations. To start, DOT has a webpage addressing aviation consumer protection and information about traveling with a disability at www.transportation.gov/airconsumer.

Also note that, effective January 2021, DOT defines a service animal as a dog that is individually trained to do work or perform tasks for the benefit of a person with a disability. Thus, DOT does not consider an emotional support animal to be a service animal. Airlines are required to treat psychiatric service animals the same as other service animals, and they may require forms attesting to a service animal’s health, behavior and training. For more details, visit www.transportation.gov/briefing-room/us-department-transportation-announces-final-rule-traveling-air-service-animals.

Centers for Independent Living

Centers for Independent Living (CILs) are consumer-driven, non-profit organizations that support community living and independence for people with disabilities. They are run by people with disabilities, for people with disabilities, and operate under a shared philosophy that all people should have equal opportunity to live with dignity, make their own choices and fully participate in their communities. 

There are CILs throughout Florida, and they assist people of all ages with all types of disabilities. The five core services offered are: