Can a service dog be barred from entry to a beach? In this episode of Ask About the ADA, Joe Zesski answers whether a service animal can join their owner to enjoy the waves and sand in the summer sun. For a transcript to this episode, please email northeastada@cornell.edu.
Beach Episode 1 Draft(1) [MUSIC PLAYING] JOE ZESSKI: Hello. Welcome to Ask About the ADA, the podcast where we answer your questions about the Americans with Disabilities Act and how it applies to your everyday life. I'm Joe Zesski, the program manager here at the Northeast ADA Center. We serve New York, New Jersey, Puerto Rico, and the US Virgin Islands. If you live in our region, you can reach us at 1-800-949-4232 or you can visit us on the web if you're in our region or outside of it at northeastada.org. On this edition of the podcast, we're going to look at a question about service animals and access to the ocean as the summer is coming up on us. That being said, let's get right into the question. [MUSIC PLAYING] This question was emailed to us through our website. With the summer coming soon, I would like to go swimming at the beach. I know service animals can be prohibited from entering the water at a pool. Is the same true for an ocean at a public beach? Can my service dog be prohibited from swimming in the ocean with me? The answer to this question as so often is the case with ADA issues is that it depends. This is not always the most satisfying of answers. But it's often the most accurate. Now in this particular instance, you have to consider whether or not there is a public health code that's involved. Many towns and municipalities have authority to implement public health codes regarding beaches and beach access. If that is the case where a public health code prevents animals from entering the water, most likely, then, the municipality would have the right to forbid access to your service animal at that particular beach, even though it is the ocean. That being said, there are a few important things to keep in mind. You want to do some background homework and look into exactly what the local health code is about access to the beach and access into the water because they may be separate issues. Now if there is code that forbids access to the ocean, then you may need to seek out another beach. You may need to reach out directly to the municipality to make an inquiry about this and in terms of reasonable modifications. But it is possible for a municipality under health codes to limit access even to the ocean for a service animal, keep in mind that reasonable modifications that cover service animals are intended ultimately for the person with a disability. It's not so much an accommodation for the dog itself. It's more an accommodation for the person with a disability and to meet their particular disability-related needs. So, again, it's not 100% clear answer, but it is possible based on a health code that a dog may be prohibited from entering the ocean. But, again, do your due diligence and look into what specifically the code addresses. Are there limitations on when animals can or cannot be in the water? Because it may be that there are times that are permitted for animals to enter the water, and you have to do a little bit of investigation to find that out. So if you have a question about service animals or any other topic about the Americans with Disabilities Act, I encourage you to reach out to us and ask questions. You can find us, again, at northeastada.org. You can look for us on Social media @NortheastADA. And we'll be glad to help out as we can. I'm Joe Zesski, program manager of the Northeast ADA. Thank you to Will Warren, our student producer, for the podcast. And thank you also to Peter Quinn, who does the final editing and polishing of the podcast. He is from the Yang-Tan Institute media team. Thank you all for listening, and I hope you'll stay engaged. [MUSIC PLAYING]