Service Dog Laws and Regulations in the USA

Today's topic is a bit dry, but SO important.

Service dog laws and regulations in the United States are always being talked about incorrectly. Thankfully, there are a ton of resources available to help you find what is true and factual, which I'll include in my breakdown in this post!

Quick disclaimer: I am located in the United States of America, and these laws will apply to my country only.

Legal Definition of a Service Animal

The main location for service dog related laws in the USA is under the Americans with Disabilities Act. In plain English, the ADA is a collection of legally enforcable rules and regulations to prevent people with disabilities from being discriminated against or harmed in all sorts of different scenarios.

Under the ADA, there are only two things that make a dog a service dog:

1. The handler of the dog must have a disability. You cannot have a service dog without being disabled. A disability is defined as a physical or mental impairment that substantially limits one or more major life activities. These life activities can be things like getting dressed, getting food, accessing healthcare, all sorts of different things that you require to live. A disability is also considered if you have a history of such an impairment, or if you're perceived by others as having that impairment.
2. The dog must be trained to mitigate the disability that the handler has with trained behaviors called tasks. These are not comfort or emotional support. Just the dog's presence is not enough to be considered a task, and these behaviors must directly relate to the disability. For example, one of my disabilities is POTS, and I really struggle to bend over to pick things up without getting lightheaded and even fainting at times. My service dog is trained to pick up the things that I drop for me to avoid passing out and having an episode.

ADA Business Regulations

In general, service animals must be allowed in any area that the general public is allowed to go. Places like restaurants, stores, specific hospital areas (not all of the units), hotels, doctor offices, etc. Anywhere where a member of the public can walk in and exist is where service animals are required to be allowed.

Businesses can only ask you, the handler, two questions to determine whether your dog is a service animal. Those questions are:

1. Is this a service dog? Yes or no.
2. What task is this dog trained to perform?

They cannot ask what your disability is, what your symptoms are, require papers or identification, require a doctor's note, ask you to demonstrate the tasks, or require a specific vest or cape.

This section unfortunately does not apply to churches, which are classified differently, and can deny service animals at any time. 

When can a service dog be removed or denied access?

Businesses do have the right to remove your service dog for being out of control without effective action to control the dog.

For example, if your dog is barking repetitively, dragging you at the end of the leash, approaching other patrons or food, and you're not able to bring that behavior under control within a reasonable timeframe, a business can legally ask you to leave.

They can also remove your dog for pottying in the store.

If your dog is removed, you must be allowed back in the store without the animal.

Service animals can also be denied access if allowing them alters the fundamental nature of the business. For example, ICU burn units that must stay sterile can deny access to service animals, or medical tests that would expose the animal to harmful radiation can require that you have a second handler with you. Zoos can also restrict access to certain areas in order to protect the animals from distress or predatory behaviors. 

Restaurant areas are not "sterile" locations and cannot deny access to a service animal team. They are specifically exempt from health code violations for the presence of an animal when that animal is a service animal.

Pet Fees

If there are any pet fees in public locations (hotels usually), they must be waived for service animals. However, if your service dog causes damage to the furniture, walls, or other pieces of the room, you are still liable for those damages and can be charged. 

Hospitals & Doctor Offices

In hospitals and doctor offices, different access issues can arise.

The first is denying service animal access due to another patient's allergies. Under the ADA, allergies are not a valid reason to deny access. Both parties must be accommodated by distance. Something like putting the service animal handler in one room and allowing the person with allergies to wait in a different room is a reasonable accommodation that is expected to be made.

Hospital staff are also not required to provide care or supervision of your dog. If you are getting a test done that is unsafe for your dog due to radiation or other concerns, like an MRI or CT scan, or you are staying in the hospital overnight, you'd need to have a separate person there to handle your dog while you're unable to care for them. 

Leash Laws

Under the ADA, dogs must be on leash at all times unless the individual's disability prevents using these devices or the devices interfere with the service animal's safe, effective performance of tasks.

If a leash needs to be dropped for a task, it should be quickly reattached after the task is complete.

This does not mean that you can let your service dog work completely off leash at all times when another option would be safe for you and your dog, like a break away leash for falls, an extendable leash, or a wheelchair leash that attaches to the chair vs your body.

This rule in particular is one that is constantly misused and typically very unsafe.

It is always best to side with a leash for potential legal issues as well as safety concerns for the public and the dog.

Service Dogs in Training

Service dogs in training are covered by each individual state. Some states allow all service dogs in training full public access rights, some allow them only with professional trainers, and some don't allow them at all.

Researching your own state laws is incredibly important, and making sure that you are finding the actual statutes, not just trusting the AI generated search.

I found mine by researching "Colorado State Service Dog in Training Laws," and reading local articles that sited the statutes themselves. Then looking up the statutes and reading those from the government websites. Trusting non-government sites for information is also risky. Always verify with your individual state legislation.

State Specific Laws

Individual state regulations can be more broad than the ADA, but they can't add more restrictions.

For example, a state could decide to allow cats as service animals, but they couldn't decide that only specific breeds can be service dogs.

Housing Laws

The Fair Housing Act (FHA) and ADA both cover housing laws for service animals.

Landlords can require a doctor's letter stating the need for a service animal (including ESAs). This letter only needs to state that the handler has a disability and that the animal aids in that disability. It is not required to disclose the disability itself.

They cannot ask for certification or registration, restrict breeds, size, or weight, or charge a pet fee.

They can charge for property damage due to the animal or remove an animal that is a direct threat to health or safety of the tenants.

The handler must maintain control, clean up after the service animal, and prevent noise complaints while living in the home.

Flights

The ACAA is what covers animal laws in relation to flights. The ACAA stands for Air Carrier Access Act. This does not include access for emotional support animals any longer, and it's different for each airline.

Some airlines might allow service dogs in training and others do not. You have to check with each airline to know whether you're allowed to fly with a service dog in training.

Every flight can require a DOT form, and the DOT form just attests to your dog's health, behavior, training, and potty options for the flight.

It usually must be submitted within forty eight hours of the flight unless you're signing up for the flight the day before, in which case it will be required right after you purchase tickets.

Sometimes this can also be required at the departure gate, so I always have handlers have multiple copies of this form just in case.

Airlines cannot require manual check-in at the airport any longer, so you should be able to access everything as the general public would.

They can require a leash, tether, or harness at all times, and for the animal to fit under the foot space of the flight. If your service animal cannot fit under the foot space in the flight, they aren't required to give you an extra seat or extra room.

They can still refuse access for dogs that show aggressive behavior or pose a direct threat to health and safety. For example, pottying in the plane or in the airport, growling, barking, or showing aggressive behaviors.

They cannot refuse access due to the breed of dog.

International Flights

Each individual country has different rules and regulations surrounding visiting service animals, vaccinations, and documentation.

Some countries require ADI certification.

Researching your destination thoroughly and speaking with local authorities will help your trip run more smoothly.

Always have multiple copies of any required paperwork, and keep them in multiple bags and locations.

As service dog handlers, it's important to be well researched on the laws and regulations around our animals in order to confidently educate when needed or to pre-emptively leave a situation.

Here is a list of the web pages included here in this post for further reading:

• ADA Service Animal Requirements: https://www.ada.gov/resources/service-animals-2010-requirements/
• ADA Service Animal FAQs: https://www.ada.gov/resources/service-animals-faqs/
• Intro to ADA: https://www.ada.gov/topics/intro-to-ada/
• ADI Information: https://assistancedogsinternational.org/resources/travel-resources/
• FHA: https://adata.org/legal-brief/assistance-animals-under-fair-housing-act-section-504-rehabilitation-act-and-air/
• ACAA: https://www.transportation.gov/briefing-room/us-department-transportation-announces-final-rule-traveling-air-service-animals
• DOT Form: https://www.transportation.gov/individuals/aviation-consumer-protection/service-animals/Air_Transportation_Form