Most working and Service Dog handlers and trainers understand that United States federal law provides protection and access for Service Dogs. Still, it can be challenging to truly grasp all of it. Use this handy guide to wade through the legal jargon.
Before we jump feet-first into murky legal waters, we need to lay out a few vital definitions and clarify some points. First and foremost, federal Service Dog law and state Service Dog law are very, very, very different and it’s vital that you know how the laws vary in your state, county, city or town.
Federal Service Dog law applies all over the country and is the universally accepted standard in the United States. State Service Dog law may offer further clarification, add additional requirements or outline expectations for various types of working/Service dogs or for dogs in training. It is generally accepted that whichever law provides the most freedom for a disabled individual with a Service Dog in any given state is the one teams will abide.
Next, there are several pieces of federal Service Dog law strewn throughout the legal system. In this post, we’ll be referring to the American Code of Federal Regulations (CFR). Other important Service Dog laws are contained in the Americans with Disabilities Act (ADA), Fair Housing Amendments Act (FHAA) and the Air Carrier Access Act (ACAA). We’ll be addressing those at a future time. Here’s a chart, though, that breaks down each resource and what it’s good for:
| What Is It? | Why Do We Care? | |
| CFR | Code of Federal Regulations American federal law |
Provides the meat and bones of federal Service Dog law |
| ADA | Americans with Disabilities Act A civil rights law |
Bestows public access rights to disabled individuals with a Service Animal |
| FHAA | Fair Housing Ammedments Act A civil rights law amendment |
Extends ADA protection to disabled individuals with a Service Animal who are seeking housing in the public sector |
| ACAA | Air Carrier Access Act Specific section of the CFR |
Ensures access to air transportation on all carriers for all individuals with a Service Animal |
And, finally, before we get started, a disclaimer: we are not lawyers and cannot provide legal assistance or help. If you need legal assistance concerning anything involving your working or Service Dog, please contact your own lawyer or the Department of Justice.
Alright? All clear? Let’s get started. As always, should you have any questions, comments, concerns, thoughts or ideas regarding this post, don’t hesitate to contact us.
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Definitions for C.F.R. § 36.202 are provided by the ADA.
“Accessible” Refers to a site, facility, work environment, service, or program that is easy to approach, enter, operate, participate in, and/or use safely and with dignity by a person with a disability.
“Major Life Activity” Refers to activities that an average person can perform with little or no difficulty.
“Person/Individuals with disability” (1) has a physical or mental impairment that substantially limits one or more major life activities; OR (2) has a record of such an impairment; OR (3) is regarded as having such an impairment.
“Physical Impairment” Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
“Public Accommodation” Facilities whose operations affect commerce and fall within at least one of the following 12 categories: places of lodging (e.g., inns, hotels, motels) (except for owner-occupied establishments renting fewer than six rooms); establishments serving food or drink (e.g., restaurants and bars); places of exhibition or entertainment (e.g., motion picture houses, theaters, concert halls, stadiums); places of public gathering (e.g., auditoriums, convention centers, lecture halls); sales or rental establishments (e.g., bakeries, grocery stores, hardware stores, shopping centers); service establishments (e.g., laundromats, dry-cleaners, banks, barber shops, beauty shops, travel services, shoe repair services, funeral parlors, gas stations, offices of accountants or lawyers, pharmacies, insurance offices, professional offices of health care providers, hospitals); public transportation terminals, depots, or stations (not including facilities relating to air transportation); places of public display or collection (e.g., museums, libraries, galleries); places of recreation (e.g., parks, zoos, amusement parks); places of education (e.g., nursery schools, elementary, secondary, undergraduate, or postgraduate private schools); social service center establishments (e.g., day care centers, senior citizen centers, homeless shelters, food banks, adoption agencies); and places of exercise or recreation (e.g., gymnasiums, health spas, bowling alleys, golf courses).
“Service animal” Any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.
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(a) General. A public accommodation shall make reasonable modifications in policies, practices, or procedures, when the modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations.
According to the ADA, a “public accommodation” is any private entity that operates with the intent of allowing members of the public access for the purpose of business, entertainment, education, receipt of services or any other purpose. Most places a Service Dog team will visit or need access to are “public accommodations.” So, the opening paragraph of federal Service Dog law states, pretty clearly, that public accommodations must allow an individual with a disability access with a Service Dog (or any other piece of equipment that mitigates their disability), as long as the Service Dog won’t disturb the actual (not perceived) ability of the public accommodation to continue providing their service.
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(b) Specialties—(1) General. A public accommodation may refer an individual with a disability to another public accommodation, if that individual is seeking, or requires, treatment or services outside of the referring public accommodation’s area of specialization, and if, in the normal course of its operations, the referring public accommodation would make a similar referral for an individual without a disability who seeks or requires the same treatment or services.
(2) Illustration—medical specialties. A health care provider may refer an individual with a disability to another provider, if that individual is seeking, or requires, treatment or services outside of the referring provider’s area of specialization, and if the referring provider would make a similar referral for an individual without a disability who seeks or requires the same treatment or services. A physician who specializes in treating only a particular condition cannot refuse to treat an individual with a disability for that condition, but is not required to treat the individual for a different condition.
It is not “discrimination” if a public accommodation refers a Service Dog handler to another place of business, service or entertainment if the public accommodation in question cannot provide the treatment/services the individual requests or needs. As an example, if you have a heart condition and you’re visiting the kidney doctor, it’s not discriminatory for the kidney doctor to refer you to a cardiologist. However, under federal Service Dog law, if you have a kidney issue, the kidney doctor cannot refuse to treat you because you’re disabled or because you have a Service Dog.
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(c) Service animals—(1) General. Generally, a public accommodation shall modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability.
Public accommodations must allow Service Dogs who are accompanied by an individual with a disability.
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(2) Exceptions. A public accommodation may ask an individual with a disability to remove a service animal from the premises if:
(i) The animal is out of control and the animal’s handler does not take effective action to control it; or
(ii) The animal is not housebroken.
(3) If an animal is properly excluded. If a public accommodation properly excludes a service animal under § 36.302(c)(2), it shall give the individual with a disability the opportunity to obtain goods, services, and accommodations without having the service animal on the premises.
If your Service Dog is out of control (which includes any behavior that infringes on the rights of other customers/clients/visitors/patrons, including sniffing, begging, growling, whining, barking, wandering, jumping, or any other rude behavior) or your Service Dog is sick or eliminates in public, it’s perfectly within a business’s right to ask you to remove your partner from the premises. If a business asks you to remove your Service Dog because of “out of control” behavior, they must allow you the opportunity to finish whatever it is you came to do without your partner present. Only the dog can be excluded for “out of control” behavior, not the handler as well.
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(4) Animal under handler’s control. A service animal shall be under the control of its handler. A service animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal’s safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler’s control (e.g., voice control, signals, or other effective means).
(5) Care or supervision. A public accommodation is not responsible for the care or supervision of a service animal.
Under U.S. federal law, your Service Dog must be under your control. Unless your disability prevents you from using a harness, leash or “other tether,” like a collar, wheelchair arm, vest or other working gear, or your partner’s job would be impeded by use of a leash, your Service Dog must be on-leash or otherwise attached to you. If your partner’s job requires off-leash work or you are not able to leash your Service Dog due to your disability, your Assistance Dog has to be under your direct control with verbal or non-verbal commands/signals. Additionally, you and only you are responsible for your Service Dog — a business or employee is not required to watch or care for your partner while you’re there.
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(6) Inquiries. A public accommodation shall not ask about the nature or extent of a person’s disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A public accommodation may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. A public accommodation shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Generally, a public accommodation may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person’s wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).
A place of public accommodation can’t ask you about your disability, but they may ask the following two questions:
1.) If your partner is required because of a disability (NOT “What is your disability?” or “Are you disabled?”)
2.) What specific, trained tasks your partner performs for you
There is no documentation, paperwork, license or certification required as proof that a dog is a Service Dog, and businesses can’t require that you produce any documentation. If it’s obvious your dog is working as a Service Dog, under federal law, a public accommodation may not ask you to clarify your partner’s purpose further.
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(7) Access to areas of a public accommodation. Individuals with disabilities shall be permitted to be accompanied by their service animals in all areas of a place of public accommodation where members of the public, program participants, clients, customers, patrons, or invitees, as relevant, are allowed to go.
Anywhere a person without a Service Dog would be allowed to go within a public accommodation, you’re allowed with your partner. Having a Service Dog does not give you special access to anywhere members of the general public aren’t allowed, like the kitchens in a restaurant or an operating room in a hospital.
(8) Surcharges. A public accommodation shall not ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees, or to comply with other requirements generally not applicable to people without pets. If a public accommodation normally charges individuals for the damage they cause, an individual with a disability may be charged for damage caused by his or her service animal.
You can’t be required to pay a fee to have your Assistance Dog with you, even if people with pets are required to pay a fee. A public accommodation also can’t make up special rules for you and your Service Dog to follow that people without a four-legged friend wouldn’t have to abide by. However, if your partner causes damage, it’s reasonable for a business to charge you to repair the damage. Again, you and only you are responsible for your Service Dog’s conduct, actions and deportment.
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(d) Check-out aisles. A store with check-out aisles shall ensure that an adequate number of accessible check-out aisles are kept open during store hours, or shall otherwise modify its policies and practices, in order to ensure that an equivalent level of convenient service is provided to individuals with disabilities as is provided to others. If only one check-out aisle is accessible, and it is generally used for express service, one way of providing equivalent service is to allow persons with mobility impairments to make all their purchases at that aisle.
Stores are required to have check-out aisles that allow you and your partner to maneuver. If the only check-out aisle that allows you to move through easily with your Assistance Dog is a specialty one (like 15 or fewer products, or card members only), then you must be allowed to utilize that aisle for all of your purchases, even if you normally wouldn’t qualify.
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(e)(1) Reservations made by places of lodging. A public accommodation that owns, leases (or leases to), or operates a place of lodging shall, with respect to reservations made by any means, including by telephone, in-person, or through a third party—
(i) Modify its policies, practices, or procedures to ensure that individuals with disabilities can make reservations for accessible guest rooms during the same hours and in the same manner as individuals who do not need accessible rooms;
(ii) Identify and describe accessible features in the hotels and guest rooms offered through its reservations service in enough detail to reasonably permit individuals with disabilities to assess independently whether a given hotel or guest room meets his or her accessibility needs;
(iii) Ensure that accessible guest rooms are held for use by individuals with disabilities until all other guest rooms of that type have been rented and the accessible room requested is the only remaining room of that type;
(iv) Reserve, upon request, accessible guest rooms or specific types of guest rooms and ensure that the guest rooms requested are blocked and removed from all reservations systems; and
(v) Guarantee that the specific accessible guest room reserved through its reservations service is held for the reserving customer, regardless of whether a specific room is held in response to reservations made by others.
(2) Exception. The requirements in paragraphs (iii), (iv), and (v) of this section do not apply to reservations for individual guest rooms or other units not owned or substantially controlled by the entity that owns, leases, or operates the overall facility.
Any place of non-permanent lodging (hotel, campground, hostel, etc.) must be certain you can obtain an accessible room as quickly as a guest who doesn’t need special accommodations. They must be able and willing to verbally explain the accommodations available so you can be certain any given room meets you and your partner’s needs. Rooms that provide accommodations for individuals with disabilities must be held for guests who need accommodation unless all other rooms are filled. Finally, they must ensure that if you reserve a room in any fashion that provides specific accommodation for your disability, the room remains yours. It can’t be given away or booked by anyone else for any reason. However, if you book your room with a third-party like Hotwire or Priceline, the hotel doesn’t have to honor room accommodations. You must book your room directly with a hotel in order to receive assured accommodations.
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There you have it, the C.F.R federal Service Dog law in its entirety. That’s the base upon which all other Service Dog laws in the United States is built. The ADA, FHAA and ACAA expand on the C.F.R. to ensure access to anything not specifically covered under the Code of Federal Regulation, and state Service Dog laws clarify expectations even further. While it’s wordy and difficult to sort through, in general you may think of a Service Dog as Durable Medical Equipment, like a wheelchair.
This post is the first of a 5 part series that will delve into all of U.S. Service Dog law, including the ADA, FHAA, ACAA and state laws, so make sure you keep coming back!
[quote align=”center”]All excerpts are from the U.S. Code of Federal Regulations § 36.202. For additional information, check out the brief provided by the ADA. [/quote]
Did you find this information helpful? If so, you may also be interested in these pieces:
Rights of Businesses Concerning Service Dogs
Landlord/HOA Rights Concerning Service Dogs
Hospital Access Rights for Service Dog Teams
Things Service Dogs in Public Should and Should Not Do
That’s Not a Service Dog
Types of Service Dogs
Federal Service Dog Law Hand-Out
Minimum Behavior and Training Standards for Service Dogs in Public
Apryl Lea July 17, 2013
Nice break down Kea!
Kea Grace July 17, 2013
Thank you, Apryl! I’ve got a PDF of this post I’m planning on including in placement binders — do you want a copy?
Lizabeth Kane July 20, 2013
Hello, Very Good indepth article. May I please have a copy of your PDF file?
Kea Grace July 21, 2013
Absolutely! Use our “Contact Us” page to send us an email and our editor will put you in touch with me!
Justin February 3, 2016
Evening, I have a business in CA and the owner has reputedly disrespected my service dog. He was drunk at his establishment and harassed me at my car outside of his business. Second he continues to have his employees ask me to remove my dog. I have shown proper dr notes and if as well as a vest. This is a complete disregard for the law and I feel he should be penalized and social media should know he does not comply with the laws of being a buisness owner and owning an establishment. I have had my hand forced and he will end up hurting someone emotionally that is required to have thier dog with them. How do k proceed to file suit?! Thank you for your time.
Mike Miller June 19, 2017
Call a cop and have him cited
Gen LaLawson September 24, 2013
As of October 9, 2012, the e-CFR resides at a new URL. Please reset your bookmarks, favorites, links and desktop shortcuts to: http://www.ecfr.gov.k (Air carrier Act)
Service Dog September 24, 2013
Updated! Thank you!
Larry Stiff May 3, 2016
Specifically 14 CFR Section 382. This is the air carriers act that the employees for airlines must follow. It’s under the DOT (Department of Transportation )
Marsha Tonkinson September 24, 2013
Kea
As a professional trainer I would love a copy as well. Thank you
Kea Grace September 24, 2013
Here you go!
https://www.anythingpawsable.com/service-dog-law-pdf-guide/
Roy "Cody" Karlsen, DAV July 24, 2014
Who exactly enforces these laws when you encounter someone who is breaking them? Laws are great but if you are disabled with a service dog who do you call at the exact time when you are being harassed or denied access or not allowed to bring your service dog in a business or transportation vehicle of any kind, or denied services???
Service Dog July 25, 2014
The local police enforce the ADA. In fact, here is a training video for police departments. http://www.youtube.com/watch?v=zIa1Vs4jf7s
Nike August 10, 2015
The local police cannot legally enforce the Federal law. What they can do is enforce your state’s and any local applicable laws. Please, if you are going to give out information, then you need to give out accurate information. It is imperative that every service dog team be aware of their state and local SD laws and know what laws you need to cite, so the police can do their jobs.. many of them do not know these laws and therefore will not enforce them unless you educate them.
Larry Stiff May 3, 2016
You can carry a copy of your state law with you and the police can make let you in our arrest them. If you are traveling by plane, the ACAA takes precedence. It would be a good tool to have at the airport and knowing your rights.
Larry Stiff May 2, 2016
If your being treated badly at most places in town, I find the state statue to be better than the ADA in Texas. However, if you have an issue at the Airport ticket counter, gate agent, or any personnel pertaining to to one particular airline, then file with the ACAA (Air Carriers Access Act). Before you send then a letter, make sure you what particular violation that took place. My problem is finding an attorney to help me.
Larry Stiff May 9, 2016
In Texas, the local police handle the call. The Texas Commission of Human Rights would be the law they would use to arrest or enforce at local restaurants, etc.
However, if you’re at the airport and a disagreement takes place, ask for a supervisor or CRO. I would then email the airline personally. (Anything they put in writing can be used against them). If your complaint is resolved, then great. If not, they 10 days to notify you in writing. Utilize what you have and contact the DOT. The more they’re notified, the better off our chances are of truly educating them. Please, always be nice and never raise your voice. It’s worked for me.
Greg Roughstock McAulay November 20, 2014
The one thing I find as I go about with my service dog, is business owners/managers are not aware of how to handle the guest that brings a pet into their business claiming it to be a service dog and the little canine is a demon in disguise. This compels me to provide greater explanation to the manager/owner so they understand and can observe the behavior of a true service dog and then I provide a tip for them to use their cell camera and record the actions of the animal and their request that the handler take action to correct the behavior. I recommend they do this a couple of times before asking the handler to remove the animal, the video can save them for possible heavy fines should the handler decide to file a suit. Generally after observing my service dog, a Great Dane used for mobility assistance, they learn that even a 200 lbs service dog that is well disciplined is very different from an animal that is unruly and out of control. This is a good outline of the laws that govern SD.
Mark February 17, 2015
What is the correct type of paperwork I should have for my service dog when asked by a property manager
Anything Pawsable Staff February 19, 2015
To quote the FHAct:
“A housing provider may not deny a reasonable accommodation request because he or she is uncertain whether or not the person seeking the accommodation has a disability or a disability-related need for an assistance animal. Housing providers may ask individuals who have disabilities that are not readily apparent or known to the provider to submit reliable documentation of a disability and their disability-related need for an assistance animal. If the disability is readily apparent or known but the disability-related need for the assistance animal is not, the housing provider may ask the individual to provide documentation of the disability-related need for an assistance animal. For example, the housing provider may ask persons who are seeking a reasonable accommodation for an assistance animal that provides emotional support to provide documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides emotional support that alleviates one or more of the identified symptoms or effects of an existing disability. Such documentation is sufficient if it establishes that an individual has a disability and that the animal in question will provide some type of disability-related assistance or emotional support.
However, a housing provider may not ask a tenant or applicant to provide documentation showing the disability or disability-related need for an assistance animal if the disability or disability-related need is readily apparent or already known to the provider. For example, persons who are blind or have low vision may not be asked to provide documentation of their disability or their disability-related need for a guide dog.”
On April 25th, 2013 The US Department of Housing and Urban Development issued new guidelines in an effort to clarify the law for landlords, Service Dog owners and Emotional Support Animal owners. The new wording brings it closer in-line with the ADA. Please read it carefully:
http://portal.hud.gov/hudportal/documents/huddoc?id=servanimals_ntcfheo2013-01.pdf
Larry Stiff April 24, 2016
You just need to them it’s a service dog. There’s only two questions they’re allowed to ask. 1) Is that a service dog and 2) what functions does the animal perform. If they get uptight and you feel uncomfortable, remain calm and call the police. It’s wise to have a copy of the states law available for the police. That way you can ask the police for a report number. Give it a week and get a copy of the report number and find a good attorney.
songs4silence March 11, 2015
If you have no legal team or are lawyers – why are you publishing this? Just wondering.
songs4silence March 11, 2015
are ‘not’ lawyers*
Milo May 10, 2015
Well now in 2015 there is a training video for all businesses and government offices. http://www.adalawforserviceanimals.com will show all business employees police fire and rescue hwo to comply with the law. A must have in every training program.
brandon July 8, 2015
Im an employee at a gas what if i dont belive it when some one tell there dog is a service what can i do
Anything Pawsable Staff July 8, 2015
When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.
A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence.
http://www.ada.gov/service_animals_2010.htm
Sonjs November 2, 2015
You have to take them at their word and can ask what their partner does for them. If the dog acts out as outlined in the ADA laws, you can handle that appropriately.
Sonja November 2, 2015
Really great site. My partner is for mental illnesses that I have. Ofc, that is not an obvious need.
I want to commend you for gathering and publishing this information in one place.
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Brian Shanabrough December 21, 2015
What can you do when someone is taunting your service dog ?
Jim January 20, 2016
My service dog goes everywhere with me and she’s very behaved. This diner I frequent I leave her outside because those there is visit with know my disability, but my girl will sit in a chair outside looking in and not take her eyes off me. I love it. Today someone called the cops and animal control and had her papers looked at. And suggested I provide documents that show my disability why I have a dog. I don’t have them red collars, personally my medical is no one’s business but mine. Secondly I should not be required to show in any way I have a service dog, I just like to take a walk without someone confronting for proof.
Dwayne January 25, 2016
Thanks for the great resource. It’s unfortunate in Los Angeles, it seems that every dog, cat and animal is now a “service animal”. No pets buildings are now required to allow these “service animals” and businesses also. Even when the animal is obviously not trained, everybody is afraid to act in fear of getting a lawsuit. What was a well intended law has turned into a nightmare for many. A simple change to require a test and service animal tag from a local animal shelter or police department would insure this law would remain and be used as intended. Everybody that has a true “service animal” should speak up and support a positive change that would ensure this law is around in the future!
Jeremy Wallace March 21, 2016
My employer US Army Corps of Engineers will not allow me to make reasonable accommodations to have a Psychiatric Service dog at work. I am asking for the only other reasonable accommodation which is same pay different job within reasonable travel distance.. I am sure they wont offer me that as well. where do I go from here. I am a service connected Veteran with a 90% disability rating. I have a letter from dr for service dog.
Larry January 13, 2017
Jeremy, I’m not sure what state you are in, however, in 1992 had the same issue with the grocery chain I worked at. They didn’t want me bringing my service dog to work. Then all of a sudden I can bring him to work but he’s has to stay in his cage! I don’t need to tell you the frustration that comes from this. I’m not sure if every state has one, but look up Advocacy Incorporated. They definitely helped me in my case and perhaps an office near you can help! Best of luck!
laura April 20, 2016
I’m facing an access challenge. Does any one know how I find a lawyer with expertise in the Oakland ca area?
Larry Stiff April 24, 2016
Laura, first thing is “proof”. The best way to handle that is to take a friend as a witness. Once you’re denied access, call the police and report the establishment. Get a report number from the police. Give it a week and take that report number to the police department and get a copy of the report. Then get an attorney and submit all the facts to them.
Milo April 24, 2016
Anyone who is denied access to a public facility should let us know at http://adalawforserviceanimals.com/let-us-know/ which is a form to fill out- we will then contact that facility and try to educate them on the law. Anyone who wants to help us get the word out about this training video for businessess and earn commission toward their service dog training should also contact us. This video was written and produced by a person with a disability who has a service dog and is hosted by former HGTV’s Joe Washington. easy contact for Pamela is educate@adalawforserviceanimals.com
Dwayne April 28, 2016
Laura, you can take the lawyer route, which will take at least 1 year away from your life and you’ll get $3,000, maybe, or you can take a copy of the law to the person denying you access and go over it with them. Most people are reasonable, just not educated. You have to realize that business owners and apartment owners are now being flooded with “service dogs”, most of which are not service dogs. Part of this education, one both sides is that owners have a right to interview the service animal. Here is a good site that outlines the skills your service animal should possess and will be expected. This is one of those paths in life you can choose, get your dog certified at the local animal shelter and talk, or hire a lawyer and become one of the people that will be responsible, eventually, for this law to be repealed.
http://www.iaadp.org/iaadp-minimum-training-standards-for-public-access.html
laura May 3, 2016
Dwayne, Im not sure what you mean by me being responsible , eventually, for this law being repealed. Do you mean that by following the law, I’ll get it repealed? I can’t quite wrap my head around that. I must misunderstand.
Although I am newish to having a SD. My dog, is indeed, a real SD.
The company that was denying me access was a major airline carrier. If it were a coffee shop, well, obviously it would have been easiest to just talk to the owner or manager. I actually have never had any kind of access challah ge in any kind of business large or small. But again, my dog is rigorously trained, as are all SD, and thus is very well behaved.
The issue with the airline is that after three hours on the phone , this particular carrier gave the go ahead. Other carriers I have flown on have taken one call and said something like “great!would you like a bulkhead seat?”. This one had nonsensical forms, wanted special letters, certifications, etc. When we thought it was worked out, we were initially denied boarding at the ticket counter. So we worked that out and we’re met with trouble at the gate. On discussing it with my SD trainer, I discovered she had had a similar experience.
It seems to be a company wide problem. I spoke to many, many people. I faxed many copies of the law. Honestly, if I hadn’t had my husband there I would have forfeited that ticket and bought a ticket on a different carrier to get home. So, no you know what I meant by access challange.
Milo May 3, 2016
Which airline was this Laura?
Larry Stiff May 3, 2016
I’m not sure what airline you were traveling. However, as being a second time service dog owner, I’ve learned some things. First, the ADA has absolutely nothing to do with the airline. The airline follows the ACAA (Air Carriers Access Act). What do I do now? You may be wondering. Go on your computer and look up the ACAA specifically section 14 CFR Part 382.
This is the guidelines the Air carriers are governed under. After reading it, document everything that applies to you and your situation. After you have your statement along with each one documented by which section of 382 by Taisen comments. Then call the department of transportation (DOT) to file your complaint. Their attorney will d do an investigation if any laws were broken. They’ll give you a report of their findings. If they feel the airline broke any section of those rules, it will be documented. Remember, they cannot and will not sue for you.
If in fact the carrier broke those rules, then you look for an attorney that practices exclusively for the airline industry. Hope this helps.
Dwayne May 22, 2016
Sorry Laura,
I’m a bit Jaded, as you can see. You may not have noticed where you live, but in some areas, everybody now owns a service dog. These people demand that they be allowed to have their dogs with them and the dogs are about as well behaved as a wild skunk! This is why people with real service dogs are being treated as they are; because Airlines, Business and Apartment Owners are now being forced to accept animals into their business, that have no business being there!
If your dog is a real certified service dog, understand what’s happening and use your experience to help get this law updated. Than businesses will be more respectful.
Milo April 24, 2016
Anyone who is denied access to a public facility should let us know at http://adalawforserviceanimals.com/let-us-know/ which is a form to fill out- we will then contact that facility and try to educate them on the law. Anyone who wants to help us get the word out about this training video for businessess and earn commission toward their service dog training should also contact us. This video was written and produced by a person with a disability who has a service dog and is hosted by former HGTV’s Joe Washington. easy contact for Pamela is educate@adalawforserviceanimals.com
Travis w sweig June 25, 2016
If Haven Humane Society where to pick up your service animal and deny you the return of your service animal upon identification is it lawful for them to retain your service animal until payment for housing and boarding is paid in full
Tom December 23, 2016
Can you ask the handler for proof of a rabies vcine or licensed
Debbie Waggoner January 25, 2017
What are Missouri laws concerning training service dogs and providing service teams to people.my understanding is that The Dept. Of Ag controls regulations and Service Dogs are licensed as animal’s an not medical equipment.So is there a federal destination of which is correct
Janelle February 6, 2017
I am a merchadiser and my employer told me I can’t bring my service dog to work (they think he’s an emotional support animal) and went as asking the grocery stores we service if they allow “my” ESA in the store and they promptly said no. When I asked my work to make a reasonable accommodation for my disabilities they asked for proof of my disabilities. How do I go about being able to take my dog with me, he comes in when I grocery shop and is always well behaved.
Larry February 7, 2017
I hope you get it solved quickly! My employer who refused to allow me to bring my service dog to work wasn’t happy when they received my complaint at the corporate level. However, corporate wasn’t too happy that the complaint was sent via my attorney! I tried every way possible to help them understand. I was very nice about it too! That was until they decided to threaten my marriage and a bunch of other things! Hope you don’t have to go that route. It’s extremely difficult when you try to make your case and they still will not budge. I wish you the best of luck and hope everything works out for the best!
Roymond February 14, 2017
Seriously, that’s one you should contact the DoJ ADA for. They’ve always been happy to explain how to make the law clear to someone when I’ve called. One of their people seemed eager to have me file a complaint, but I just wanted the business in question to understand the law, so she gave me a point-by-point explanation for them and said if that didn’t work she could talk to them.
Eugene stockwell February 8, 2017
I know a person who is using a dog with no papers or nothing stating and telling places he is a service dog how can I stop this person. He lives in my house in 90 days I have moved in he takes the dog everywhere and him every place and I heard him say he is a service dog.he wears a vest got by him online.I know the spelling of his first name but last name is don’t know. Randy vandull is what I know.he thinks his 3 year old bull mastiff is a service dog and he is staying atc1218 email 34 the street canton ohio in my friends house right now.he been doing this for over a year.
Ruth Richardson February 28, 2017
What are the Utah laws for a dog to be a service dog? I want to take my dog on a privately owned shuttle from one Utah city to another. I use a cane to walk because of an unsuccessful hip surgery.
Karen Schwartz March 2, 2017
Can my apartment complex require multiple forms signed by my physician asking of him questions as to his relationship to me and whether my service animal provides relief with respect to my disability?? I know the 2 questions they can ask ME however they they twice have asked my treating physician to answer questions like these and sign UNDER PENALTY OF LAW. What should I do please??
David March 7, 2017
If i have an allergy to dogs… and i drive a cab or uber or lyft… can i refuse service?
Anything Pawsable Staff March 10, 2017
Allergies are specifically mentioned in federal law as an inappropriate reason to refuse access. Please read: “Uber and Lyft: A Service Dog Partner’s Guide”
https://www.anythingpawsable.com/uber-and-lyft-a-service-dog-partners-guide/#.WMMh747asUE
Ka Mandev March 28, 2017
Madigan Army Medical Center, at Joint Base Lewis-McChord, in Washington State, has instituted regulations which defy current laws regarding service animals. Beginning 03/25/17, they now require
Only dogs may be service creatures
Dog must come from an ADI-accredited facility
Dog must registered/badged
Badge process requires
Proof of vaccinations
Proof of certification
Physician letter stating tasks performed
Proof of liability insurance on the dog
I believe this is illegal, regarding both regulations pertaining to service animals and an individuals right to privacy regarding their health condition
Dwayne April 12, 2017
Does anybody know if a Landlord can ask for Liability Insurance on a Companion Animal? This is differentiated from a Service Animal.
I’ve often confused the two, because most of the problems and the new rules refer to Companion Animals rather than Service Animals.
Tammy ryan April 25, 2017
I’m trying to get a service dog for my son Colton who is 10 and has autism well looking at a dog right now to be a service dog for Colton but he is a Doberman Pinscher and we rent a house the dog has papers that said he is a service dog but because he is a Doberman Pinscher can the landlord say that we can’t have them because of the breed he’s at he is
Lori Fitti April 30, 2017
I fall under ADA. I moved in place where 3rd housemate wanted. I was told I could have my ESA in few months other tenant would contact landlord. I end up meeting landlord and he said he had no problem with dogs.
When I made arrangements to get dog the other tenant told me she would harm my ESA and next morning told me I had days to move out. I’ve been here more than 6 months and pay fair share of rent but wouldnt tell landlord as he might increase rent. $10 each. Isn’t she breaking law?
Karrie Collins June 10, 2017
Hi. What can I do if someone takes my service dog? It a long story, but animal control was called on me and they arrested me( not convicted of of any charges ) and seized my service dog. Then the police officer gave me the option of releasing him and my other dog to a dog rescue. Now they are refusing to give me back my dogs.
David L Sheeley September 27, 2017
I live in Ohio and the Veteran Administration Ambulatory Care Center in Columbus requires a service dog be ADI certified. As a 100% disabled veteran I would half to be put on a 2 year waiting list and only two training facilities will allow me to keep my two ADA dogs. Only one training facility will evaluate my dogs and if one passes the test I will need to go to NM for two 12 week classes. I can’t fly so I will need to drive . Any though on how to proceed? I am 65 and two year is a long time, and I can’t afford the trip to NM for the elevation of my dogs and then two 12 week classes. The VA states they are following the federal law for government entities. The ADA laws do not apply to them!?
Dan December 22, 2017
This law is NOT called the “federal service dog law.”. This law does not contemplate that people who just want to bring their dogs and planes and restaurants could do so under the false premise that they provide a service because they ease your snowflake feelings if you are upset. Deal people. I am of course excepting from this seeing-eye dogs. But come up people, what is this world coming to. This may have been bastardized by some officials and judges as offer protections to you ability to bring animals in places they shouldn’t be, but don’t expect me as a fellow private citizen to provide an “accommodation” for your pet, e.g., changes seats, move aside so dog can pass through. This is all an extreme act of selfishness by selfish weak, self-important people.
Jamie January 6, 2018
Sounds like you’re the weak one.
amarie January 15, 2018
agree with Jamie