The Americans with Disabilities Act (ADA) mandates that service dogs, including those for psychiatric assistance, are allowed to accompany their owners in most public places where the general public is allowed. This law defines a service dog as a dog individually trained to do work or perform tasks for a person with a disability, including physical, sensory, psychiatric, intellectual, or other mental disabilities.

Guidelines set forth by the Americans with Disabilities Act work to protect the rights of individuals with disabilities, as well as their service dogs and animals.

What is The Americans with Disabilities Act (ADA)?

The Americans with Disabilities Act of 1990 (ADA) is a sweeping federal law that aims to protect disabled individuals in every aspect of their lives. It prohibits discrimination against disabled individuals in public, at home, in their employment, and beyond. The law is built to cover people with physical and mental disabilities and to ensure they can live an easier, more fulfilling life. That includes protections for service animals, as well, enabling disabled individuals to have an assistance animal anywhere they go.

ADA Definition of a Disability

The ADA, and its supplemental ADA Amendments Act of 2008, define a disability as a legal term rather than a medical term. It considers a disabled person any individual who has a physical or mental impairment that substantially limits one or more major life activities. This includes people who have a record of an impairment, even if their disability is episodic or in remission. The law covers everything from physical mobility issues and sensory impairment to psychological and emotional disorders.

Go Deeper

How to Get a Psychiatric Service Dog (PSD)

To get a psychiatric service dog you must meet certain criteria. Start by consulting with a licensed mental health professional (LMHP) to assess your eligibility and determine if a psychiatric service dog is appropriate.

How Does the ADA Define Service Animals?

According to the ADA, a service animal is a domesticated dog of any breed (or in some cases, a miniature horse) that is trained to perform specific tasks directly related to a person’s disability. As long as the service animal is properly trained to assist their human in public places and at home, it can qualify, regardless of whether it wears special identifiers or is certified by a specific entity. It does not include emotional support animals (ESAs), which only provide general therapeutic benefits.

ADA Service Animal Training Requirements

Your service dog needs to be fully prepared to work as an assistance animal. It may come as a surprise to learn that the ADA service animal training requirements are pretty straightforward, enabling many individuals to get their service dog easily. Your canine companion must:

• Be trained to perform specific tasks related to their owner’s disability
• Have basic behavioral training
• Stay under the control of their owner at all times

However, your service dog does not require professional training, so you can choose to train your service dog yourself or hire an expert to help. Your service dog isn’t required to wear a special vest, carry a certificate or ID card, or be registered with any federal, state, or independent entity.

List of Service Dog Tasks

The most important aspect of having a service dog is to ensure they are properly trained to perform specific tasks and duties directly related to your physical or psychological disorder. Some of these tasks include:

• Performing deep pressure therapy (DPTR)
• Fetching medications
• Intervening in harmful behaviors
• Sensing an imminent seizure and intervening
• Contacting emergency services
• Guiding their owner in public spaces, including sidewalks and crosswalks
• Helping with public interactions

ADA Rules on Where Service Animals Are Allowed

The ADA prohibits discrimination against disabled individuals and their service dogs in public spaces that don’t typically allow pets. As long as your service dog remains under your control at all times, it can accompany you at:

• Restaurants
• Shopping centers
• Governmental and civic buildings, such as the Department of Motor Vehicles
• Public transit
• Medical facilities
• Hotels
• Schools and universities

ADA Guidelines on Service Animal Proof

When it comes to proof of a service animal, the ADA has guidelines that protect the privacy rights of individuals with disabilities. As we mentioned, service dogs aren’t required to wear any identifying items (like a vest or ID tags), but there are also guidelines for what businesses and their employees are allowed to ask regarding the legitimacy of a service dog.

Businesses, their employees, or those working in a state/local government facility and are unsure about whether a person’s dog is a service animal are only allowed to ask the following two questions for service animal proof:

• Is this a service dog?
• What specific service tasks are they trained to perform?

No one is legally allowed to ask you to show them medical documentation or what your disability/diagnosis is. Also, no one is legally allowed to ask you to “show” them the task your service dog has been trained to perform or proof of that training either.

When a Service Animal Can Be Denied Per the ADA

While accommodating individuals with disabilities and their service animals is the law, there are some circumstances under which a service dog may be denied access to a public place or business. According to the ADA:

“A business or state/local government does not need to allow a service animal if the dog’s presence would fundamentally alter the nature of the goods, services, programs, or activities provided to the public.”

Another way to say this is that service dogs may be denied access if their presence or behavior poses a threat to the health and safety of the public.

State-Specific Service Animal Laws

While the ADA and other federal laws protect disabled people and their service animals, some states have laws regarding assistance animals. For example, Hawaii, Washington, and Wyoming don’t afford service dogs in training (SDITs) the same rights as fully trained service dogs. Also, all but six states (Alabama, Alaska, Iowa, Maryland, Montana, and West Virginia) have laws that specifically forbid interfering, stealing, harassing, or otherwise injuring service animals, with penalties ranging from significant monetary fees to imprisonment. In California, violating this law leads to a $10,000 fine and up to a year in prison.

Also, in 28 states and the District of Columbia, it is illegal to represent everyday pets as assistance animals, including by using fraudulent IDs or vests. Some states have voluntary licensing or registration options, but service dogs are typically exempt from any mandatory registration or related fees.

The Fair Housing Act (FHA)

The Fair Housing Act (FHA) prohibits the discrimination of individuals seeking rental housing by landlords or rental agencies. It states that people may not be discriminated against based on race, religion, sex, gender identity, orientation, marital status, or disability. This also applies to individuals with disabilities who use a service animal.

The Fair Housing Act makes it so that people with disabilities who use a service animal are exempt from policies that restrict pets in general, restrict animals based on size or breed, or require a pet fee. Since service animals aren’t considered pets, they’re considered medical tools necessary for managing symptoms associated with a disability. 

The Air Carrier Access Act (ACAA)

Enacted in 1986, the Air Carrier Access Act (ACAA) prohibits airlines from discriminating against disabled individuals — and their service dogs. Air travel providers in the United States are required to recognize service dogs as working animals and allow them to accompany their owners on most domestic flights. However, airlines may deny a service dog if it poses a threat to a passenger or flight crew member or causes a significant disruption in the cabin or at the gate. 

Flying with a Service Dog

If you want to fly the friendly skies with your service dog, you will have to follow some rules to ensure a great travel experience for everyone. You will be required to complete the Department of Transportation and specific airline online forms that affirm your service dog’s status, overall health, and vaccination history. When initially approved by the Department of Transportation you will be issued a service animal ID number which you will use for all subsequent flights so be sure to write that number down. Also, you must keep your service dog under your control at all times before, during, and after your flight. Make sure to let your service dog relieve itself at the airport’s designated area before boarding to prevent any in-flight accidents. Also, your service dog needs to be able to lie on the floor in front of you without blocking the aisle.

Service Dogs VS Emotional Support Dogs

Although they are both considered “assistance animals,” service dogs and emotional support animals ) have very different requirements and permissions. While service dogs are permitted by the ADA to join their owners in public spaces, emotional support animals (ESAs) are not. Also, ESAs are not as easily accommodated in air travel and may not be permitted in-cabin on flights. However, the Fair Housing Act (FHA) lets both ESAs and service dogs live with their owners in rental housing.

Frequently Asked Questions about ADA Service Dog Laws

Can I fly with a service dog?

Yes, as long as your service dog is fully trained and will lie on the floor in front of you without blocking the aisle. You will be required to complete the Department of Transportation and specific airline e-forms that affirm your service dog’s status, overall health, and vaccination history. When initially approved by the Department of Transportation you will be issued a service animal ID number which you will use for all subsequent flights so be sure to write that number down.

Can I train my service dog without a trainer?

If you have experience training dogs, you may train your service dog on your own. However, if you don’t have the know-how, we recommend using a professional service dog training program.

Can someone ask me for papers on my service dog?

No, when you’re in public with your service dog, you are not required to show any sort of certification or registration. That also includes ID cards, specialty leashes, or vests.

Do I need to register my service dog?

No, you are not required to register your service dog with any entities, federal or private. You only need to ensure your service dog is properly trained to perform a task that is directly related to your disability.

What are the 2 questions you can ask about a service dog?

In public spaces, the only thing managers, employees, or other representatives are allowed to ask are:

• Is the dog a service animal required because of a disability?
• What work or task has the dog been trained to perform?

No one is legally allowed to ask you to show them medical documentation or what your disability/diagnosis is. Also, no one is legally allowed to ask you to “show” them the task your service dog has been trained to perform or proof of that training either.

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04/02/2024 Update: Article was reviewed by Kassie Claughton, LCSW, to verify the accuracy of this article. The article was updated to provide clarity on what can be asked when confirming the legitimacy of a service dog, as well as add information about required forms when traveling with a service dog on an airline.