Service Dogs

  • Service Dogs

  • Emotional Support Animals

  • Air Travel

  • Trainers

  • Organizations I Trust!

  • Service Dog Law In Your State

  • Fraudulent Representation

  • FAQ

Dogs can be placed in one of two categories; Service Dogs and Emotional Support Animals. Service dogs are permitted in public areas. “ Unlike a service animal, an emotional support animal is not granted access to places of public accommodation.” [2] “Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA.” [3]

Service Dogs (Guide dog, hearing dog, diabetic alert dog, seizure alert dog, seizure response dog) are trained to work or perform tasks for a person with a disability and are permitted to accompany people with disabilities in all areas where the public is permitted. Service dogs are covered by the ADA under title II and III. “The Department of Justice’s (DOJ) amendments to its regulations [1] for Titles II and III of the ADA limit the definition of “service animal” under the ADA to include only dogs, and further define “service animal” to exclude emotional support animals.”

  • Fraudulent Representation: States have laws regarding fraudulent representation for misrepresenting an animal as a service animal or for falsely impersonating an individual with a disability. (See below)

Service Dog

  • Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability.  The task(s) performed by the dog must be directly related to the person's disability.

  • Service animals assist people with disabilities with: mobility, balance issues, autism, seizure alert or response, high/low blood sugar, and psychiatric disabilities.

  • Guide Dog A dog that guides individuals who are blind or visually impaired. The presence of a dog for protection, personal defense, or comfort does not qualify that dog as a guide dog.

  • Hearing Dog: A dog that alerts individuals who are deaf or hard of hearing to specific sounds.

  • Diabetic (hypoglycemia) Alert Dog: A dog that is trained to alert a diabetic individual to a pronounced drop in blood sugar level. This is a type of service dog.

  • Seizure Alert Dog: A dog that is trained to alert a person that the onset of a seizure is imminent. This is a type of service dog.

  • Seizure Response Dog: A dog that is trained to provide comfort and/or a sense of safety to person who is experiencing or has just experienced a seizure. This is a type of service dog.

  • ADA Service Animals

  • Frequently Asked Questions about Service Animals and the ADA

  • Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services

  • PART 36 -- NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS AND IN COMMERCIAL FACILITIES

Emotional Support Animals: Therapy, Comfort, or Companion Animals

  • Emotional Support Animals are NOT service dogs because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA. [2]

  • “Individuals with a disability may request to keep an assistance animal as a reasonable accommodation to a housing provider’s pet restrictions.” https://www.hud.gov/program_offices/fair_housing_equal_opp/assistance_animals

  • While the tenant or owner does not need to disclose the disability, he or she will need to provide documentation from a doctor or other health professional. According to HUD, a physician, psychiatrist, social worker, or other mental health professional can provide documentation that the animal provides emotional support that alleviates one or more of the identified symptoms or effects of an existing disability. (FHEO Notice: FHEO-2013-01). https://www.animallaw.info/article/faqs-emotional-support-animals#s1

  • “Currently, in order to receive waivers for housing or travel purposes where animals are banned, the law requires patients must have a mental or emotional condition diagnosable by the Diagnostic and Statistical Manual of Mental Disorders (DSM-5). If patients are given certifications for an ESA, it means they, and the therapist signing the certification, are declaring the patient to be psychologically disabled with significant impairment in functioning.” https://www.sciencedaily.com/releases/2019/08/190806131437.htm

  • FAQs on Emotional Support Animals

  • if a tenant compromises the safety of other tenants or their property, or if the animal poses a danger to other tenants, the tenant does not qualify under the statutes and the landlord does not have to allow the tenant in housing or waive a "no pets" policy.”

Air Travel

The U.S. Department of Transportation’s new rules will affect just about anyone flying with an animal in the cabin. (December 2020)

Definition of Service Animal: A service animal is as a dog, regardless of breed or type, that is individually trained to do work or perform tasks for the benefit of a qualified individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.

Emotional Support Animals: Carriers are not required to recognize emotional support animals as service animals and may treat them as pets.

Species: Carriers are permitted to limit service animals to dogs

https://www.transportation.gov/sites/dot.gov/files/2020-12/Service%20Animal%20Final%20Rule.pdf

Air Carrier Access Act (ACAA)

Onboard the aircraft [4]

  • Your animal must be permitted to accompany you in the space under the seat in front of you.

  • Your animal cannot block a space that must remain unobstructed for safety reasons (ex. an aisle or access to an emergency exit).

  • An airline is not required to upgrade you to a different class of service to accommodate your animal.

  • Airlines cannot refuse to allow your animal onboard because it makes other passengers or flight crew uncomfortable.

  • Your animal must behave properly. An animal that engages in disruptive behavior (ex. barking or snarling, running around, and/or jumping onto other passengers, etc. without being provoked) will not be accepted as a service animal.

  • For a flight that is scheduled for eight hours or longer, airlines may require documentation stating that your animal will not need to relieve itself, or can do so in a sanitary way.

Trainers

There are trainers who will help train service dogs for owners. But its important to understand not every dog is suited to be a service dog. No more than every person is suited to be a nurse or engineer. There are also organizations that will charge a fee sometimes refereed to as a “placement fee” for a trained service dog. But buyer beware, there is no guarantee you will get a dog suitable to be a service dog regardless of how impressive the website may be. Please carefully do your own homework. A good place to start your search is Assistance Dogs International, Inc. (ADI). ADI is a worldwide coalition of non-profit programs that train and place Assistance Dogs. ADI does not train or provide assistance dogs. If you are seeking an assistance dog, please use the programs search to find an assistance dog program that provides assistance dogs in your area, or click here for more information.

Organizations I Trust

Service Dogs Inc. Dripping Springs, Texas

Service Dogs Inc.

Dripping Springs, Texas

Escondido, California

Escondido, California

Texas

Texas

Service dog law in your state

California

Fraudulent Representation

Any person who knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed/qualified/identified as a guide, signal, or service dog shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $1,000, or by both fine and imprisonment.

West’s Ann. Cal. Penal Code § 365.7

ADA Service Animals

Frequently Asked Questions about Service Animals and the ADA

FAQ

Service Dogs

Are service-animals-in-training considered service animals under the ADA?

A. No. Under the ADA, the dog must already be trained before it can be taken into public places. However, some State or local laws cover animals that are still in training.

What questions can a covered entity's employees ask to determine if a dog is a service animal?

A. In situations where it is not obvious that the dog is a service animal, staff may ask only two specific questions:

  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 are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person's disability.

Do service animals have to wear a vest or patch or special harness identifying them as service animals?

A. No. The ADA does not require service animals to wear a vest, ID tag, or specific harness.

Can service animals be any breed of dog?

A. Yes.  The ADA does not restrict the type of dog breeds that can be service animals.

What does under control mean?  Do service animals have to be on a leash?  Do they have to be quiet and not bark?

The service animal must be harnessed, leashed, or tethered while in public places unless these devices interfere with the service animal's work or the person's disability prevents use of these devices. In that case, the person must use voice, signal, or other effective means to maintain control of the animal. Under control also means that a service animal should not be allowed to bark repeatedly in a lecture hall, theater, library, or other quiet place. However, if a dog barks just once, or barks because someone has provoked it, this would not mean that the dog is out of control.

What can my staff do when a service animal is being disruptive?

A. If a service animal is out of control and the handler does not take effective action to control it, staff may request that the animal be removed from the premises.