(a) Under the Americans with Disabilities Act (ADA), businesses and organizations that serve the public must allow people with disabilities to bring their service animals into all areas of the facility where customers are normally allowed to go. This federal law applies to all businesses open to the public, including restaurants, hotels, taxis and shuttles, grocery and department stores, hospitals and medical offices, theaters, health clubs, parks, and zoos (see 28 CFR § 36.302).

(b) Access to facilities by service dogs accompanying individuals with disabilities is controlled by 40 U.S.C. § 3103, which states: “”Guide dogs or other service animals
accompanying individuals with disabilities and especially trained and educated for that purpose shall be admitted to any building or other property owned or controlled by the Federal or Local Government on the same terms and conditions, and subject to the same regulations, as generally govern the admission of the public to the property.””

(1) Individuals with disabilities shall be permitted to be accompanied by their service animals in all areas of a place of public accommodation where members of the public, program participants, clients, customers, patrons, or invitees, as relevant, are allowed to go.

(2) A public accommodation shall not ask about the nature or extent of a person’s disability, but may make two (2) inquiries to determine whether an animal qualifies as a service animal.

(A) A public accommodation may ask if the animal is required because of a disability and

(B) what work or task the animal has been trained to perform.

(3) A public accommodation shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal.

(4) Generally, a public accommodation may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person’s wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).

(c) (1) People with disabilities who use service animals cannot be charged extra fees, isolated from other patrons, or treated less favorably than other patrons. However, if a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may be charged for damage caused by his or her service animal.
(2) A person with a disability cannot be asked to remove his service animal from the premises unless:

(A) the animal is out of control and the animal’s owner does not take effective action to control it (for example, a dog that barks repeatedly during a movie); or

(B) the animal poses a direct threat to the health or safety of others; and

(C) in these cases, the business should give the person with the disability the option to obtain goods and services without having the animal on the premises.

(d) Businesses that sell or prepare food must allow service animals in public areas even if other Guam law, health code, or policy prohibits animals on the premises.

(e) A business is not required to provide care or food for a service animal or provide a special location for it to relieve itself.

(f) Allergies and fear of animals are generally not valid reasons for denying access or refusing service to people with service animals.

(g) No-Pets Housing: The Fair Housing Act (FHA) allows that a person may keep a service dog in housing with a “”no pets”” policy. Note, however, that it only requires that housing providers make reasonable accommodations for persons with service dogs. The FHA does not apply to hotels and motels or other facilities lodging transient guests.

(h) Airplanes: The Air Carrier Access Act (ACAA) of
1986, 49 U.S.C. § 41705, allows that a service dog may travel with its owner on an airplane.

(i) If a place of public accommodation or of access to government services, programs or activities customarily charges a person for damages that the person causes to the place, the place may charge a person with a disability or an assistance animal trainer for damages that an assistance animal or assistance animal trainee causes to the place.
(j) A person with a disability or an assistance animal trainer must maintain control of an assistance animal or assistance animal trainee. Except as provided in this Subsection, control shall be exerted by means of a harness, leash or other tether.

(1) If the use of a harness, leash or other tether would interfere with the ability of the animal to do the work or perform the tasks for which the animal is trained or is being trained, control may be exerted by the effective use of voice commands, signals or other means.

(2) If an animal is not under control as required in this Subsection, a place of public accommodation or of access to government services, programs or activities may consider the animal to be out of control for purposes of this Section.

(k) (1) Except as provided in this Subsection, a place of public accommodation or of access to government services, programs or activities may not deny a person with a disability or an assistance animal trainer the right to be accompanied by an assistance animal or assistance animal trainee in any area of the place that is open to the public or to business invitees.

(2) A place of public accommodation or of access to government services, programs or activities may require a person with a disability or an assistance animal trainer to remove an assistance animal or assistance animal trainee if:

(A) the animal is not housebroken; or

(B) the animal is out of control and effective action is not taken to control the animal.

(l) (1) A place of public accommodation or of access to government services, programs or activities may impose legitimate requirements necessary for the safe operations of the place of public accommodation or of access to government services, programs or activities.

(2) The place of public accommodation or of access to government services, programs or activities shall ensure that the safety requirements are based on actual risks, not onspeculation, stereotypes or generalizations about persons with disabilities.

(m) A place of public accommodation or of access to government services, programs or activities shall make reasonable modifications as necessary to allow an opportunity for a person with a disability who is benefited by the use of an assistance animal to obtain goods, services, and the use of the advantages, facilities and privileges of the place, or the advantages, facilities and privileges of the government services, programs or activities. For purposes of this Subsection, except as provided in Subsections (f) and (h) of this Section, in addition to any other applicable accommodation requirement, allowing the presence of the assistance animal is a reasonable modification.

(n) If a place of public accommodation or of access to government services, programs or activities requires a person with a disability to remove an assistance animal under Subsection (f) of this Section, the place shall give the person with a disability a reasonable opportunity to obtain goods, services and the use of the advantages, facilities and privileges of the place, or the advantages, facilities and privileges of the government services, programs or activities, without the assistance animal’s presence.

(o) A place of public accommodation or of access to government services, programs or activities is not required to provide care or supervision for an assistance animal or assistance animal trainee.

(p) A registered voter who requires the assistance of a service animal is entitled to bring the animal into the polls and the voting booth.

(q) The protection granted under this Section to a person with a disability or an assistance animal trainer does not invalidate or limit the remedies, rights and procedures of any other federal or local laws that provide equal or greater protection of the rights of a person with a disability, an assistance animal trainer, or individuals associated with a person with a disability.

(r) A place of public accommodation does not include:(1) the Department of Corrections; (2) the Department of Youth Affairs;
(3) a local Guam Police Department lockup; and

(4) an institution, bona fide club or place of accommodation that is in its nature distinctly private.

2017 NOTE: Subsection/subitem designations altered/added pursuant to authority of 1 Guam Code Ann. § 1606.