28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)

Guidance on permissible service animals.

The existing regulation implementing title III defines a "service animal" as "any guide dog, signal dog, or other animal."  At the time the regulation was promulgated, the Department believed that leaving the species selection up to the discretion of the individual with a disability was the best course of action.  Due to the proliferation of animal types that have been used as "service animals," including wild animals, the Department believes that this area needs established parameters.  Therefore, the Department is proposing to eliminate certain species from coverage under the ADA even if the other elements of the definition are satisfied.