Under Idaho’s public accommodations law and the federal Americans with Disabilities Act (ADA), people with disabilities have the right to be accompanied by their service animals in restaurants, hotels, stores, theaters, and other places that are open to the public. Idaho law is more limited than the ADA, because it covers only animals that assist the physically disabled, not animals that assist those with mental disabilities. However, public accommodations in Idaho must comply with both sets of laws.
Below, we explain which public accommodations are covered, which animals qualify as service animals, and some rules you may need to follow with your service animal.
In Idaho, people with disabilities may be accompanied by their assistance dogs on all common carriers and public conveyances (forms of transportation, including buses, taxis, trains, boats, and so on); all hotels and other lodging places; all places of public amusement, resort, or accommodation; and all places to which the public is invited.
Under the ADA, the definition of public accommodations is very broad. It includes:
Religious entities, such as churches, synagogues, and mosques, are not considered public accommodations under the ADA. This is so even if the religious entity offers secular services, such as a day-care center that admits children whether or not they are members of or affiliated with the religious institution. Private clubs (member-controlled nonprofit groups that are highly selective, charge substantial membership fees, and were not created in order to avoid compliance with civil rights laws) are also not covered by the ADA. However, if a private club makes facilities available to nonmembers, it is subject to the ADA’s public accommodation rules as to those facilities.
Under Idaho’s public accommodations law, you are entitled to bring your assistance dog with you to public accommodations. An assistance dog includes only a:
Under the ADA, a service animal is a dog that has been trained to perform tasks or do work for the benefit of a person with any type of physical or mental disability. In some cases, a miniature horse may also qualify as a service animal. Examples of service animals that must be allowed into public accommodations under the ADA include:
Neither the ADA nor Idaho’s human rights law covers what some people call “emotional support animals”: animals whose presence provides a sense of safety, companionship, and comfort to those with psychiatric or emotional conditions. Although these animals often have therapeutic benefits, they are not individually trained to perform specific tasks for their handlers, nor are they specially trained to assist a particular person who is visually impaired, is hearing impaired, or has another physical disability. Pets are also not covered by either state or federal law.
Under the ADA, a public accommodation may not ask you questions about your disability or demand to see certification, identification, or other proof of your animal’s training or status. If it is not apparent what your service animal does, the establishment may ask you only whether it is a service animal, and what tasks it performs for you.
The ADA and Idaho law prohibit public accommodations from charging a special admission fee or requiring you to pay any other extra cost to have your service animal with you. However, you may have to pay for any damage your animal causes.
The ADA allows a public accommodation to exclude your service animal 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. You are still entitled to enter the public accommodation even if your service animal is not allowed in.
Idaho’s Human Rights Act prohibits property owners from discriminating against those who seek to rent or purchase their property on the basis of disability (among other things). The Act also requires property owners to make reasonable modifications to the property, if necessary to allow someone with a disability to fully use and enjoy the property. However, this law does not specifically address service animals.
The federal Fair Housing Act specifically prohibits discrimination in housing accommodations against those who use service animals. You must be allowed full and equal access to all housing facilities, and may not be charged extra for having a service animal (although you may have to pay for damage your animal causes). If your lease or rental agreement includes a “no pets” provision, it does not apply to your service animal.
Pursuant to the federal Fair Housing Act, housing facilities must allow service dogs and emotional support animals, if necessary for a person with a disability to have an equal opportunity to use and enjoy the home. To fall under this provision, you must have a disability and you must have a disability-related need for the animal. In other words, the animal must work, perform tasks or services, or alleviate the emotional effects of your disability in order to qualify. (For more information, see the Department of Housing and Urban Development’s guidance on service animals.)