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Service Dog Laws

It warrants mentioning that no fewer than three federal agencies enforce rules regarding service animals: The Department of Housing and Urban Development, the Department of Justice (ADA – Civil Rights Division), and the Department of Transportation – meaning a disabled person with a service animal who leaves their apartment, takes a bus or cab to the airport, and gets on a plane has navigated through three different federal sets of rules and regulations. It is your responsibility to know the law and your rights!

Most handlers are only aware of the ADA law:

  • The Americans with Disabilities Act (ADA) applies to most situations. Though Churches and various other places are exempt from the regulations. This link contains a nice summary of the section on service animals: ADA 2010 Revised Requirements: Service Animals

  • State laws can also affect access; if they are more lenient or in the benefit of the person, they trump federal law, otherwise federal always trumps it. Also dogs “in training” are not guaranteed access this is regulated state-by-state.

A Service Dog is defined in the Americans With Disabilities Act as "any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including but not limited to guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items."

Service Dogs must be allowed to go anywhere their handler goes, including restaurants, schools, buses, taxis, airplanes, stores, movie theatres, concerts, sporting events, doctor's offices, and any other public place. It is REQUIRED under federal and state laws that they be allowed. They do not have to wear any specific identifying gear, including vests. Many Service Dog users choose to dress their dogs in a vest or other identifying apparel in order to make access easier, as it avoids many questions and confrontations. This is a personal choice, and is NOT REQUIRED UNDER THE LAW. It is illegal to ask for any special identification from Service Dog partners. Some carry ID cards, and may present them voluntarily, but this also is not required, and should not be expected. You may NOT ask for "proof" or certification of the dog's training as a condition of entry into your business.

If a Service Dog misbehaves and places someone in danger, a business owner has the right to ask the partner to get control of the animal, or please leave. This should be only an isolated incident, and can not be used to determine future access based upon what "might" happen or has happened in the past. A person with a Service Dog cannot be refused entry based on the actions of another Service animal. Example: You cannot say "Oh, that last Service Dog team that was in here left a mess, so I'm not letting any Service Dogs into my store anymore." This is discrimination and can be punishable by law. Remember, too, that Service Dogs are just that, DOGS, and they can have bad days just like people can. They are not robots, and cannot be expected to act perfectly all the time.

However, it is your responsibility as a handler to know the other laws that can impact you and your service dog:

Housing and the FHA (Fair Housing Act): View the original online PDF (large file) OR smaller copy on this website.

Work Place Access is under the EEOC (Equal Employment Opportunity Commission):  This link takes to you to the Federal Register web site: Regulations To Implement the Equal Employment Provisions of the Americans With Disabilities Act, as Amended

Air travel is governed by the ACAA (Air Carriers Access Act): The text of the act as relates to service animals can be found on the Electronic Code of Federal Regulations web site. Call your regional ADA Center at 1-800-949-4232 for questions on the ACAA, the Americans with Disabilities Act, and other disability-related laws.

Federal Government Buildings are covered by the Rehab Act (also known as 504): The access rights are preserved under the GSA (US General Service Administration). This link opens a copy of the regulation in PDF format: The Key to Accessing Federally Conducted Programs and Activities

Schools fall under the IDEA (Individuals with Disabilities Education Act): The IDEA web site contains the federal equirements, but you will likely have to follow up by seeking out state and local rules and resources.

The Americans with Disabilities Act (ADA) applies to most situations. Though Churches and various other places are exempt from the regulations. This link contains a nice summary of the section on service animals: ADA 2010 Revised Requirements: Service Animals

State laws also can affect access: If they are more lenient or in the benefit of the person, they trump federal law, otherwise federal always trumps it.

Always keep in mind people with dogs in training are not granted access rights by the ADA, that is controlled by state law. Some states don't allow dogs in training anywhere, some states only allow trainers from accredited service dog schools, some say "qualified" trainer (whatever that means) and others like Illinois just say “a trainer.”

Many state laws are summarized in this link, but please note that they may not be current: Table of State Assistance Animal Laws

Know Your Rights!

Knowledge is power- know these laws and how they are applied. Be courteous yet firm with those who are ignorant of how these laws work. Your actions can help the next person with a service dog.

©2013 Dogs For Cures. All rights reserved.

Dogs for Cures is part of Cures Within Reach, a 501(c)3 non-profit organization dedicated to improving patient quality and length of life through repurposing existing drugs and devices for new uses. We love including dogs in our broad definition of 'existing devices' to support patients! Learn more at www.cureswithinreach.org

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