Service Dogs

A service dog is a type of assistance dog specifically trained to help people who have disabilities including visual difficulties, hearing impairments, mental illness, seizures, diabetes, autism and more.  Keep in mind that not all disabilities are visible so it might not be readily apparent why one needs a service dog.

The American with Disabilities Act of 1990 is the applicable law covering places of public accommodation.  In 2010, the U.S. Department of Justice, Civil Rights Division, Disability Rights Section issued "ADA 2010 Revised Requirements; Service Animals.

"Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person's disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA."

This revised definition excludes all comfort animals, which are pets that owners keep with them solely for emotional reasons that do not ameliorate their symptoms of a recognized "disability"; animals that do ameliorate the conditions of a medical disability, however, such as animals that ameliorate the symptoms of post-traumatic stress disorder, are included in the definition. Unlike a service animal, a comfort animal is one that has not been trained to perform specific tasks directly related to the person's disability.

Common Tasks

This revised definition excludes all comfort animals, which are pets that owners keep with them solely for emotional reasons that do not ameliorate their symptoms of a recognized "disability"; animals that do ameliorate the conditions of a medical disability, however, such as animals that ameliorate the symptoms of post-traumatic stress disorder, are included in the definition. Unlike a service animal, a comfort animal is one that has not been trained to perform specific tasks directly related to the person's disability.

Where Service Dogs are Allowed

Under the ADA, State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go. For example, in a hospital it would be inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias, or examination rooms. However, it may be appropriate to exclude a service animal from operating rooms or burn units where the animal’s presence may compromise a sterile environment. For safety reasons, a service dog handler should take care and common sense into account when deciding if a questionable place is a safe place to bring their service dog, and make other arrangements for assistance if it is unsafe for the dog to be present (such as some extremely loud concerts, behind the scenes at zoos, work areas with a lot of heavy machinery or dangerous chemicals, etc.).

The Department of Transportation's regulations enacting the Air Carrier Access Act permit "dogs and other service animals" to accompany passengers on commercial airlines.  The Fair Housing Act also requires housing providers to permit service animals (including comfort and emotional support animals) without species restrictions in housing.

Because there is no certification of service animals in the United States, businesses must take declaration of an animal's service status at face value, and furthermore are restricted in the questions they may ask about the animal:

When it is not obvious what service an animal provides, only limited inquiries are allowed. Businesses may ask two questions:

• is the dog a service animal required because of a disability, and
• what work or task has the dog been trained to perform.

Businesses 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.

Under the ADA, businesses are permitted to deny access to service dogs that are not behaving properly. They may also be excluded if the presence of the animal constitutes a fundamental alteration of the business or poses a direct threat. Persons with service dogs are not required to pay any additional fees on account of the service dog, though the owner is responsible for any damages caused by the dog.

Service dogs may wear special vests or ID tags, but they are not a requirement of the ADA.

Service Dog Etiquette

Most owners expect their service dogs to be treated as a medical device while in public. The health and safety of the owner may depend on the dog's ability to focus and resist distraction. Many service dogs are trained to avoid distraction when wearing their gear, but relax and are friendly when the gear is removed. An owner will expect to be asked for permission before another individual interacts with the dog. It is advised not to pet a service dog unless having asked the owner permission. Distracting a service dog is considered disruptive.