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ADA Service Dog Laws (2018)

05 June, 2018

Service dogs provide invaluable assistance to their handlers. These unique working animals undergo extensive and highly specialized training to learn how to mitigate the difficulties caused by specific disabilities. From guiding the blind to alerting diabetic patients to low insulin levels and so much more, these remarkable canines are capable of numerous tasks that help make independent living possible for their handlers.

Under the Americans with Disabilities Act (ADA), service dogs and their handlers are afforded numerous rights. There are also rules and regulations, however, that must be met to ensure that a dog and his owner are entitled to those rights.

How the ADA Defines a Disability

ADA Service Dog Laws prohibit discrimination against disabled people with service animals in employment, public accommodations, state and local government activities, public transportation, commercial facilities, and telecommunication. In the context of the ADA, “disability” is used as a legal term as opposed to a medical one and has a specific definition:

Under the ADA, a person with a disability is someone who has a mental or physical impairment that substantially limits at least one major life activity. This includes individuals who are regarded as having a disability even if they do not as well as those who have a record of being impaired even if they presently are not suffering from the impairment.

What Is a Service Animal?

The ADA also has a strict definition for service animals. They are defined as “dogs that are individually trained to do work or perform tasks for people living with disabilities”. These tasks may include things like alerting people who are deaf, guiding people who are visually impaired, calming a person with Post Traumatic Stress Disorder during an anxiety attack, reminding someone to take prescription medications, or protecting a person who is experiencing a seizure.

Service dogs are working animals – not pets. They must be trained to perform a task that is directly related to the handler’s disability. The ADA does not recognize dogs who solely provide emotional support or comfort as service animals.

ada service dog travel

Where Service Dogs Are Allowed

Businesses, nonprofit organizations, and state and local governments are typically required to allow service dogs under ADA service dog laws to accompany people with disabilities in any areas that are open to the public. They must be allowed in establishments that prepare or serve food regardless of local or state health codes prohibiting animals on the premises. ADA service dog laws will always overrule local laws.

Business owners and staff are only allowed to ask two questions regarding service dogs. They may ask if the dog is a service animal that is required due to a disability and what type of work or task the dog has been trained to do. The ADA prohibits them from asking about a person’s disability. They are also not allowed to require any type of identification or certification documents for the dog or medical documentation from the handler. They also may not ask that the dog demonstrate what it has been trained to do.

People with disabilities and their services are not to be isolated from other customers or patrons. They also may not be treated less favorably or be required to pay additional fees for their animals. Businesses that charge additional fees or deposits for pets – such as hotels – must waive these fees for service animals.

Requirements for Service Dog and Handler Teams

Discriminating against service dogs and their handlers is illegal. However, there are a few rules by which dogs and their handlers must abide. Under the ADA, all service dogs must be leashed, harnessed, or tethered. If, however, these devices interfere with the dog’s work or the handler’s disability makes it impossible to use them, the dog may be kept under control through voice, signal, or other controls.

If a service dog is not under control and the handler fails to act to gain to control, a business owner or staff member is permitted to ask that the animal be removed from the premises. A handler may also be asked to remove a service dog that is not housebroken, is behaving aggressively, or is otherwise posing a threat to human health and safety. If the dog must be removed for a legitimate reason, the establishment must permit the handler to obtain the services or goods they need without the animal’s presence.

Service dogs provide vital assistance for people with disabilities. They are afforded numerous rights under the ADA, but it is the handler’s responsibility to ensure that the dog is properly trained and behaves appropriately in public.

33 comments

servicedog says: February 14, 2019

The ADA allows service animals access wherever the disabled person has access unless there is a health reason.

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Ralph says: February 15, 2019

Question.

If someone is claiming they have a service animal ,but is pushing it around in a stroller is this a nominal thing for owners with service animals

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- patricia says: February 25, 2019
  
  That service dog could be trained to detect insulin levels, have alerting behaviors… Are you in a position of knowledge to know all the services an animal could assist a person with? Sounds like you have a bias.
  
  Perhaps you might want to learn more about the extensive uses animals can provide in lieu of deciding its viability based on the handlers care-taking preferences.
  
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  - A Farmers Daughter says: March 1, 2019
    
    I do have a bias when I see “service dogs” snarling at passerbys from a shopping cart, lifting their leg on store products and barking incessantly at other “service dogs”. I know how many hours go in to training an authentic SERVICE DOG, I don’t consider an untrained, spoiled, yapping lap dog a service dog. I consider them annoying and a potential danger to those exposed to them.
    
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Joshua D Wilson says: February 17, 2019

Do service dogs need to have a patch or label somewhere starting they are service dogs?

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- Steven S says: February 25, 2019
  
  No. But most of us put vests on that say DO NOT TOUCH, WORKING SERVICE ANIMAL. It cuts down on people messing with s legitimate team. Besides when the vest is on its work time…when its off yea my guys still work for me at home…but its i csn be a dog time too. I’ve put hundreds if not over 1000 hours into my 2 service animals. Not to mention the cost of taking care of them. Mainly, we just want to be left alone. Let me shop, get my groceries and GTFO of where im at. Most dont like to spend an extended amount of time anywhere because of how others perceive them and their SD.
  
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- patricia says: February 25, 2019
  
  I’ve found patches and labels actually bring more negative attention than just traveling with my service dog without identification. I use ADA rules to determine hard line rules of what I HAVE to do: Have a prescription. Have an animal trained in 3 tasks I cannot do myself. No registration/certification/”special training regime” is required. However, a manager of a facility may ask what the tasks the animal is trained to perform. They MAY NOT ask my medical condition.
  
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- L wallner says: March 4, 2019
  
  If a business offers offsite camping cabins are they required to allow their volunteers to bring a service animal? Many attendees may have allergiesetc that would also be using the cabins and this is causing a problem. I would appreciate your assistance.
  
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Kay Hoyt says: February 27, 2019

how much training is needed to be certified?

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- Service Dog Certifications says: March 2, 2019
  
  The ADA does not outline the amount of training a service dog requires. However, the animal should be trained to provide a task for your disability.
  
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Janice Bradshaw says: March 1, 2019

The absence of requiring that the dog has identification is a huge problem as wayyyy too many people are claiming their pets as assistance dogs. A simple photo ID of dog alike a personal identification card does not invade anyone’s ability to have an assistance dog. I’ve seen kids nipped at in places like Walmart from people claiming they are working animals. No trained dog would bite a child.

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Mary Wood says: March 2, 2019

I think businesses should be allowed, to have a release of liability form signed by the people coming in with their “service animals”. I’m for the service animals don’t get me wrong. But I also don’t think someone should be allowed to take advantage of a sensitive situation at someone else’s expense.

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- Darby says: March 3, 2019
  
  So should people in a wheelchair have to sign a liability release? How about people on oxygen? Crutches? Service Dogs are medical equipment and is is inappropriate to treat someone with a disability different than you treat the general population.
  
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- Jim ates says: March 4, 2019
  
  If the animal is indeed a trained service animal the chances are slim of anything negative happening.
  If a person is falsely presenting an untrained un certified animal and something happens, the person will be liable and can also face fine and imprisonment for falsely presenting the animal.
  The fact that the business cannot force proof will relieve it of liability as long as it follows the rules of the ADA
  
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- Don says: March 6, 2019
  
  I agree I cannot tell but looking at a glance whether or not the service animal it’s actually a service animal I thought we were allowed to at least ask is it a service animal and if so just let it go or you know it would have been nice if they’d had a vest on or something but it puts us some of us people in predicaments especially security officers
  
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C Gonzalez says: March 3, 2019

I work at a hotel which is pet friendly. As soon as the words Service Animal come into play we do not ask questions. However, I have seen guests that will say the same thing thinking we do not allow pets or because they want to avoid the $20 dollar pet fee that our hotel enforces. Which to me is both EXTREMELY offensive and absolutely disgusting. Service animals are hard working individuals that work to ones disability. Which to me should not be used lightly with people who do not have service animals and just want to take a short cut. I have always thought a vest stating service animal on a service animal should be instated, to be able to differentiate from a working animal versus a pet for leisure. I have read some comments that state it brings negative attention. NO service animal owner should ever feel less of an individual. I think it’s AMAZING what these animals can do for people. Shame on those who bring negative energy attention to service animal owners.

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Chrissy says: March 4, 2019

How do I get myself a service dog.
I have psychosomatic pain since 2016 and it really takes in so much life quality because I have the pain everyday and I don’t know what to do anymore. I think a service dog would give me a big more lifevback
So how do I get one??

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Colleen says: March 4, 2019

Is a hospital or doctors office allowed to insist on a copy of vaccinations for a service dog in order for the service dog to accompany me?

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Susan says: March 4, 2019

I was asked by a n Amtrack rep to tell her what School and the name of the instructor where my dog was trained. Also, what service she provided. Did I have papers? I have had 2 stroke s since I got her, I told the rep that and she scoffed audible. It’s not like there is a GUIDE DOGS OF THE STOP BREATHING.

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Service vs Support says: March 4, 2019

When going through training with my Service Dog, I was taught that ALL Service Dogs are trained to have “all four on the floor”, meaning that if it is being carried (or pushed in a stroller, buggy or cart), then it could be a Support Dog, but is NOT a Service Dog by ADA standards.

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Teresa says: March 5, 2019

Our apartment complex wants a signed form from my husbands doctor saying what’s wrong with him and why he needs the service dog when she is registered and has an identification card, if we do not get this form signed from a doctor then we will have to pay a $450 fee to have her in our apartment…. one question… is this legal?

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- Service Dog Certifications says: March 5, 2019
  
  This is not legal.
  
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- Heather says: March 12, 2019
  
  No ma’am! That is not legal! 1st you can explain to the landlord, that your husband’s “health records” like their own are protected under HIPPA law.
  In order for me to even get my service dog I had to provide the trainer a “order” (if you will). So that again is covered under HIPPA.
  THEN Kindly ask them to look up and read their rights along with yours.
  In there it will state THEY CAN NOT ASK NOR REQUIRE THAT INFO.
  I hope this rate helps in some way…
  I love in a small close minded area…its very hard w a derive animal…
  
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Franz Ingram says: March 5, 2019

We have a customer at our restaurant who’s service dog is filthy causing other patrons to complain. The dog is not groomed and leaves excessive amounts of fur behind. What actions can we take to keep this from happening?

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ella says: March 6, 2019

does a dog go through harsh training to become a service dog

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Mary says: March 7, 2019

If a patient brings in a “service” dog to a surgical clinic, can I require them to sign a form that affirms the need due to a disability (we don’t ask what it is) and that lists what work or task it has been trained to do. it is standard to put that information into our medical record.

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Becca says: March 8, 2019

IT IS NOT LEGAL FOR A LANDLORD TO DO THAT. SUGGESTION: SEND A COPY OF YOUR RIGHTS TO LANDLORD.
ALONG WITH STATEMENT ASKING DO THEY NEED YOUR LAWYER TO CONTACT THEM AND HELP WITH ANY QUESTIONS THEY MAY STILL HAVE!! 🙂

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Sean says: March 11, 2019

Is it ok for pet screening to ask you for an Esa letter for a handler?

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Patty Lattin says: March 11, 2019

My tenant (in a rental house) has a service dog for her 7 year old daughter. Am I allowed to collect a damage deposit for the pet? Also, there is an HOA community pool. Service dogs are allowed, but what happens when the child is in the pool? She would need an adult with her – what happens to the dog?

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Susan says: March 11, 2019

Question: Can a landlord in low income housing ask a tenant to not leave their service dog alone at home for long periods of time?

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Sabrina Ivy says: March 11, 2019

If my service dog doesn’t have a service vest or tags can a business or fast food place or restaurant ask to see the tags for him?

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Barry says: March 13, 2019

Is an emotional support dog prescribed by a physician or psychologist a service dog?

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Brittany says: March 13, 2019

Do I need a written note or “prescription” for a service dog?

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