In the United States, service dogs (not emotional support animals) are granted many rights under the Americans with Disabilities Act (ADA), a civil rights law that prohibits discrimination against the disabled. The ADA ensures that people with disabilities are treated fairly and can access public places with their service dogs.
The ADA defines a service dog as a dog individually trained to perform tasks that help a person with a disability mitigate that disability. These tasks can include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, or reminding someone to take medication. Service dogs must be well behaved and under control at all times. They must be housebroken and not cause damage.
Rights of Service DogsPublic access: Service dogs are legally allowed in public facilities where the public is allowed to go. This includes, but is not limited to, restaurants, stores, hotels, hospitals, schools, and workplaces. Businesses cannot deny entry or impose restrictions based on a “no pets” policy. They can deny a service dog where it is not a reasonable accommodation or where the public can’t go. For example, they could not accompany a handler into a surgery suite, as it’s a sterile environment and the general public is not permitted there.
Public access: Service dogs are legally allowed in public facilities where the public is allowed to go. This includes, but is not limited to, restaurants, stores, hotels, hospitals, schools, and workplaces. Businesses cannot deny entry or impose restrictions based on a “no pets” policy. They can deny a service dog where it is not a reasonable accommodation or where the public can’t go. For example, they could not accompany a handler into a surgery suite, as it’s a sterile environment and the general public is not permitted there.
Exempt from Pet Fees: Service dogs are working animals, not pets. Therefore, facilities cannot charge extra fees or deposits associated with pets for service animals.
Accommodation in Housing: Landlords are generally obligated to make reasonable accommodations for tenants with service dogs, even if the housing complex has a “no pets” policy. This may include waiving pet fees or breed restrictions. They may be exempt if the dog is not considered a reasonable accommodation, such as if the dogs breed raises their insurance or if there are excessive animals in a small space, for instance.
Transportation: Service dogs are allowed on most forms of public transportation, including airplanes, trains, and buses. Airlines cannot require advance notice or impose restrictions on the size or breed of service dogs (as long as they fit in the allotted space and are not infringing on other passengers space), but they do have their own requirements not covered by the ADA. Contact the individual airline and the Department of Transportation for help with that paperwork.
Handler’s Rights
The Two Questions: Businesses can’t require documentation proving you need a service dog and ALL SERVICE DOG REGISTRIES ARE SCAMS. The only thing a business can do is ask two questions: is this a service animal required to mitigate a disability, and what tasks does it perform? They cannot require you demonstrate the task, ask about the disability, or require anything else.
Equal Treatment: People with disabilities using service dogs cannot be isolated from other patrons, treated less favorably, or denied services.
Denial of Entry Complaint: If a business denies entry or refuses to accommodate a service dog, the handler can file a complaint with the Department of Justice. They may also have a discrimination suit.
Accommodations in the Workplace: For more information on accommodations in the workplace, visit the EEOC website.
Responsibilities of Handlers
Maintaining Control: Service dogs must be well behaved and under the handler’s control at all times. Leashes or harnesses are required unless they interfere with the dogs ability to do its job.
Housebreaking: Service dogs must be housebroken and not cause any damage to property.
Health: Handlers are responsible for ensuring their service dogs clean, are up-to-date on vaccinations, and free of any contagious diseases. They should also be licensed with any governing body that requires licensing of animals.
Not Service Animals: Emotional support animals and therapy animals are not granted the same rights as service dogs under the ADA. Emotional support animals do have housing rights under the FHA
For more information on service dog rights and handler responsibilities, you can visit the Americans with Disabilities Act website.
