Defining a Service Dog
Under the Americans with Disabilities Act (ADA), a service dog is a dog that is individually trained to do work or perform tasks for a person with a disability. The dog’s tasks must be directly related to the person’s disability. For example, a service dog might be trained to alert to changes in blood sugar levels for a person with diabetes, remind a person with depression to take medication, or detect an oncoming seizure and help the person stay safe.
Emotional support, therapy, comfort, or companion animals are not considered service animals under the ADA because they are not trained to perform a specific task. However, some state or local laws allow emotional support animals in public places.
Is Service Dog Registration Required?
The ADA does not require service dogs to be certified or registered. However, service dogs must still comply with local laws regarding dog vaccinations and licensing. Requiring service dog registration is not permissible under the ADA. Some cities or universities have voluntary registration programs for people with disabilities who use service dogs and provide special identification tags. This practice is permissible under the ADA, as long as registration is not a requirement for access to public accommodations.
General Service Dog Regulations
Staff of public accommodations are only allowed to ask two specific questions when it is not obvious if a dog is a service animal: (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 for any documentation for the dog, require the dog to demonstrate a task, or inquire about the nature of the person’s disability. The ADA does not require service dogs to wear a vest, ID tag, or specific harness.
The handler is responsible for the care and supervision of the service dog, including toileting, feeding, grooming, and veterinary care. Public accommodations are not obligated to supervise or care for a service dog. Service dogs must be allowed to accompany their handler to and through self-service food areas.
Hotels are not allowed to charge cleaning fees for the hair or dander shed by a service dog. However, if a service dog causes damage to a guest room, the hotel is permitted to charge for the damage as it would for any other guest. People with disabilities using service animals must have the opportunity to reserve any available room at the hotel as other guests, not be restricted to “pet-friendly” rooms.
Service Dog Breeds and Exclusions
The ADA does not restrict what breeds of dogs can be service animals. Service dogs cannot be excluded based on assumptions or stereotypes about the dog’s breed or how the dog might behave. However, if a service dog poses a direct threat to the health or safety of others, has a history of such behavior, or is not under the handler’s control, the dog can be excluded.
The ADA does not require public accommodations to modify policies, practices, or procedures if doing so would “fundamentally alter” the nature of the goods, services, programs, or activities provided to the public. If allowing a service animal would fundamentally alter the nature of a service or program, the service animal may be prohibited. For example, at a boarding school, service dogs might be restricted to a certain area of a dormitory designated for students with dog allergies.
Service animals must be under the control of their handlers at all times. Service animals must be leashed, tethered, or harnessed while in public places unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the person must maintain control of the animal through voice, signal, or other effective means.
