28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)

Guidance on permissible service animals.

In the original regulation implementing title III, "service animal" was defined as "any guide dog, signal dog, or other animal," and the Department believed, at the time, that leaving the species selection up to the discretion of the person with a disability was the best course of action.  Due to the proliferation of animals used by individuals, including wild animals, the Department believes that this area needs some parameters.  Therefore, the Department is proposing to eliminate certain species from coverage even if the other elements of the definition are satisfied.