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Who should I contact when my rights have been violated?

  • Jun 5
  • 4 min read

Public Access at Airport

One of the most common misconceptions is the belief that someone should “call the ADA” when their rights have been violated. While this phrase is frequently used, it is not technically accurate.


The Americans with Disabilities Act (ADA) is not an agency, office, organization, or department. It is a federal civil rights law enacted in 1990 that prohibits discrimination against individuals with disabilities. Bec the ADA is a law, there is no direct phone number or office for “the ADA” itself.


When individuals seek guidance, file complaints, or report violations, they are actually contacting agencies and organizations responsible for providing info, enforcing the law or investigating complaints. These may include the U.S. Department of Justice (DOJ), state disability rights organizations, local civil rights offices, or other agencies depending on the nature of the issue.


For context, we are a triple certified service dog trainer with more than 15 years of experience in the field. We currently serve as Vice President of my city’s Mayor’s Council for Persons with Disabilities, a position that we have held for more than three years. A significant part of our work involves educating businesses, organizations and community members on disability rights, accessibility and ADA compliance. We regularly participate in disability awareness and accessibility initiatives and are currently involved in planning the 36th Annual National ADA Convention being held in our city this July.


Our goal is to ensure that accurate information is being shared, particularly when discussing civil rights laws and service dog access rights.


To clarify:


• If a service dog handler is denied access by a business that is open to the public, complaints are generally filed with the U.S. Department of Justice, which is responsible for enforcing Titles II and III of the ADA.


• If the issue involves housing discrimination, complaints are typically filed with the U.S. Department of Housing and Urban Development (HUD) under the Fair Housing Act.


• If the issue involves a state or local government entity, the Department of Justice may also be the appropriate enforcement agency.


The ADA remains the law that protects these rights. It’s not the agency that receives or investigates complaints.


For anyone who may be unfamiliar with the process, it is completely understandable to confuse the ADA with the agencies that enforce it. However, it is important to distinguish between the law itself and the organizations responsible for enforcement and guidance.


If there is still uncertainty, we encourage individuals to search:


“Who enforces the Americans with Disabilities Act?” or “Who do I contact if my service dog access rights were violated?” The answer consistently points to the appropriate enforcement agencies and not to a phone number for the ADA itself.


Another area where confusion frequently arises is the reliance on ADA FAQ pages as though they are the law itself. While FAQ pages can be valuable educational resources, they are not the legal text. Handlers, trainers, business owners, and advocates should make every effort to read and understand the actual regulations rather than relying solely on summaries, interpretations, or secondhand explanations.


The applicable federal regulations include:


• 28 C.F.R. § 35.104 and § 36.104 — Definitions, including the legal definition of a service animal.


• 28 C.F.R. § 35.136 and § 36.302 — Service animal provisions under Titles II and III of the ADA.


These regulations can be accessed through the Department of Justice and the Electronic Code of Federal Regulations (eCFR).


It is also important to remember that ADA.gov is an official government resource designed to provide guidance, education and simplified explanations of the law. While it is an excellent resource, it is not the complete legal text. When questions arise regarding what the law actually says, the Code of Federal Regulations (CFR) remains the controlling authority.


Accurate info matters. When discussing civil rights protections and service dog access, precision is important, not only for handlers seeking to exercise their rights, but also for businesses, trainers, advocates and community members seeking to understand their legal responsibilities.


We have had many young, new service dog handlers who have been telling us to go educate ourselves and to go ‘inform ourselves’ and that we’re highly ‘uneducated’ on this subject, simply bec they believe they’re contacting the ADA so they must be right. Which is interesting bec a simple google search would even tell you what we’re sharing here. They are likely speaking with an organization that handles these issues and is essentially a department that enforces the ADA. Every state has their own DOJ office as well as many different organizations that help individuals like ourselves.


It’s okay to be wrong. We all start somewhere. But it’s extremely important to not just do your own research, but possible even listen to seasoned handlers that tell you what is appropriate or correct and what is not. Even more so if they stand with the credentials that we carry ourselves. We welcome any discussion on this newsletter and any corrections one thinks needs to be made.



 
 
 

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