Service Dog Rules: What Businesses Can and Cannot Ask
Under the Americans with Disabilities Act, when it isn't obvious what a service dog does, staff may ask only two questions: is the dog required because of a disability, and what work or task has it been trained to perform? They may not ask about the person's disability, require documentation, certification or a vest, or ask the dog to demonstrate its task.
These rules come from the US Department of Justice's guidance on service animals under the ADA, which applies to businesses and state and local governments open to the public.
What staff CAN ask
When it's not obvious what service the dog provides, only these two questions:
- Is the dog a service animal required because of a disability?
- What work or task has the dog been trained to perform?
What staff CANNOT do
- Ask about the person's disability
- Require medical documentation
- Require a special ID card, certificate, vest or harness
- Ask the dog to demonstrate its task
- Require registration (voluntary registries exist, but entry can't depend on them)
- Charge a cleaning fee for hair or dander (hotels may charge their normal fee for actual damage)
The DOJ also says online certification or registration documents don't convey any rights under the ADA.
When a service dog CAN be asked to leave
- The dog is out of control and the handler doesn't take effective action to control it
- The dog is not housebroken
- The dog poses a direct threat to health or safety based on its actual behavior (not its breed)
- Allowing it would fundamentally alter the nature of the service
If the dog is removed, the business must still offer its goods or services to the person without the dog present.
Handler responsibilities
- Keep the dog under control at all times
- Use a harness, leash or tether in public unless it interferes with the dog's work or the person's disability prevents it; then control by voice, signals or other effective means
- The dog must already be trained before being taken into public places
Does the ADA cover emotional support animals?
No. Emotional support, therapy, comfort and companion animals are not service animals under the ADA. Psychiatric service dogs trained to perform specific tasks are covered. See can you get a service dog for anxiety.
Other laws
| Setting | Law |
|---|---|
| Businesses and public places | Americans with Disabilities Act |
| Housing | Fair Housing Act |
| Air travel | Air Carrier Access Act |
| Federal agencies | Section 504 of the Rehabilitation Act |
| Religious organizations | Exempt from the ADA (state law may apply) |
State laws can add protections, for example for dogs in training.
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This article is general information for pet owners, not veterinary, legal or financial advice. Prices vary by city and clinic; always ask your veterinarian or provider about your own pet.
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