Service dog laws

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• Under the Americans with Disabilities Act (ADA), a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability.  The task(s) performed by the dog must be directly related to the person’s disability.  The dog must be trained to take a specific action when needed to assist the person with a disability. 
• An ESA (Emotional Support Animal), Therapy Dog, MWD (Military Working Dog), or comfort dog is NOT the same as a Service Dog.  

•  No. The ADA does not require service animals to wear a vest, ID tag, or specific harness.  
• Service dog handlers are not required to provide documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, as a condition for entry.
• There are individuals and organizations that sell service animal certification or registration documents online. These documents do not convey any rights under the ADA and the Department of Justice does not recognize them as proof that the dog is a service animal.

Your service dog can go with you anywhere you go, with a few exceptions.

If a service dog's presence fundamentally alters the nature of a service or program provided to the public, the service dog can be blocked from entry. 

• For example, at a zoo, service dogs can be restricted from areas where the animals on display are the natural prey or natural predators of dogs, where the presence of a dog would be disruptive, causing the displayed animals to behave aggressively or become agitated.  They cannot be restricted from other areas of the zoo.
• In a hospital setting, service dogs must be allowed in patient rooms and anywhere else in the hospital the public and patients are allowed to go. They cannot be excluded on the grounds that staff can provide the same services. However, a service dog would not be allowed in a surgery suite, sterile environments, and during some testing procedures like MRIs. 
• Religious institutions and organizations like churches, temples, synagogues, mosques, other places of worship, are specifically exempt from the ADA.  However, there may be State laws that apply to religious organizations. 
• Federal agencies, like the Veterans Administration, do not have to comply with the ADA.  Section 504 of the Rehabilitation Act of 1973 is the Federal law that protects the rights of people with disabilities to participate in Federal programs and services. 

• A hotel  guest with a disability who uses a service animal must be provided the same opportunity to reserve any available room at the hotel as other guests without disabilities. They may not be restricted to “pet-friendly” rooms. And  hotels are not permitted to charge guests for cleaning the hair or dander shed by a service animal. However, if a guest’s service animal causes damages to a guest room, a hotel is permitted to charge the same fee for damages as charged to other guests. 
• At restaurants, service dogs must be allowed to accompany their handlers to and through self-service food lines.   The ADA gives a person with a disability the right to be accompanied by their service dog in a restaurant inside or outside, but the service dog cannot sit on chairs or be fed at the table.  
• At grocery stores, service dogs must stay on the floor, or be carried by their handler. Service dogs cannot ride in shopping carts.
• Gyms must allow service dogs to accompany their handlers, with the exception of pools. However, service dogs must be allowed on the pool deck and in other areas where the public is allowed to go. 

• If a service dog is out of control and the handler does not take effective action to control it, staff may request that the dog be removed from the premises.  Under control also means that a service animal should not be allowed to bark repeatedly in a lecture hall, theater, library, or other quiet place. However, if a dog barks just once, or barks because someone has provoked it, this would not mean that the dog is out of control. 
• If a service dog is not housetrained and makes messes, the service dog can be required to leave. However, accidents happen and handlers must clean up after their service dog. One potty accident is not enough to bar or exclude a service dog. 

In situations where it is not obvious that the dog is a service dog, staff may ask only two specific questions: (1) is the dog a service dog required because of a disability? and (2) what work or task has the dog been trained to perform? Staff are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person’s disability.