Animals are a wonderful source of comfort for humans, especially for those of us who have beloved pets. While many of us benefit from a relationship with our animals it’s important to understand how different animals are classified legally and what protections they do and do not have.

Service Dogs

Service dogs have been trained to perform work and/or tasks that mitigate the disability of their handler. Some common examples would be a guide dog for a blind person, a diabetic alert dog, or a psychiatric service dog.

Service dogs have public access rights under the Americans with Disabilities Act (ADA). This means these dogs can go most places with their handler. For more specifics on where a service dog can go check out my article on the ADA. In federal buildings they aren’t covered under the ADA but they are covered under the Rehabilitation Act (Rehab Act). 

Service dogs are also covered under the Fair Housing Act (FHA). This law states that service dogs can live with their handler even in no pet rentals. There are a few exemptions for landlords though. Psychiatric Service Dog Partners put together a wonderful flow chart you can reference for more information.

The final federal law that covers service dogs is the Air Carrier Access Act (ACAA). Under the ACAA service dogs can fly with their handler at no extra charge. Similar to the FHA there are specific guidelines and stipulations that must be followed. For more details about the ACAA you can read my full article here.

Emotional Support Animals

Emotional support animals (ESAs) provide comfort to disabled owners. It’s important to note that for an animal to be considered an ESA the owner must be disabled.

ESAs were covered under the ACAA until very recently but that is no longer the case and they are now classified along with pets for flying. This means that each individual airline can have different rules and policies about what they’ll allow. If you are flying with a pet or ESA you will want to look up the airline you plan to fly and what their specific guidelines are.

Currently the only federal law that covers ESAs is the FHA. Under the FHA renters can have an ESA even in non-pet friendly rentals. For landlords the same exemptions apply to ESAs that apply to service dogs. The only major difference is that landlords can require further documentation, most often in the form of a doctor’s note, when the renter applies for a reasonable accommodation.

One of the most important things to know about ESAs is that they do not have public access rights under the ADA. That means that ESAs are not afforded access to non-pet friendly businesses and locations. Currently there are also no state laws that give ESAs public access rights.

Therapy Dogs

Therapy dogs provide comfort to individuals other than their owner. These dogs frequently visit nursing homes, hospitals, and schools. While they do not have federal public access rights like a service dog they may be given permission to go into typically non-pet friendly places.

Therapy dogs will often complete some type of program although some locations only require that a dog pass a Canine Good Citizen evaluation. It’s up to each organization what they require from therapy dog teams.

A Helpful Chart

---

Featured image by Ryan Stone on Unsplash

There are four major federal laws that impact disabled Americans and service dogs. Those four laws are the Americans with Disabilities Act (ADA), The Rehabilitation Act (Rehab Act), the Air Carrier Access Act (ACAA), and the Fair Housing Act (FHA). Each law provides different protections and clarifications on the rights of businesses and disabled individuals. If you have a service dog, or you are considering getting one, it’s critical that you are familiar with these laws.

The Americans with Disabilities Act was signed into law on July 26, 1990 by President George H.W. Bush. It was modeled after the Civil Rights Act of 1964 and aimed to prohibit discrimination based on a person’s disabilities. The ADA required employers to provide reasonable accommodations and outlined accessibility rules for public entities and public transportation.

What I’ll be discussing specifically is the legal protection and rights the ADA provided for both service dog handlers as well as businesses. I recommend all service dog handlers have ADA cards that they keep with them, and I encourage them to have the ADA’s website bookmarked on their phone. It’s important to be able to have this information available should you encounter an access issue.

The first thing to understand is who qualifies for a service dog. In order to have a service dog the handler must be disabled and the dog must be trained in a task or tasks or to do work that mitigates that disability. It’s important to note that a dog only needs to be trained in one task or one form of work. If you have questions about if you qualify for a service dog this article may be helpful.

Listed below I go over some questions that are very common regarding the ADA. Familiarizing yourself with the answers can be really helpful incase you ever find yourself having access issues or needing to educate someone.

Where can your service dog go?

Service dogs can accompany their handlers most places. Businesses that are open to the public must allow service dogs onto their premises as well as state and local government buildings. Federal buildings are not covered under the ADA but service dogs are given access under the Rehabilitation Act.

Businesses can ask for the dog to be removed if it urinates or defecates, if it’s not under the control of it’s handler, if the dog is growling or barking, or if the dog is behaving aggressively.

Who can deny access to service dogs?

Private dwellings are not covered under the ADA. So if you are going to a friend or relatives home they are not under any legal obligation to allow you to bring your service dog.

Churches, private clubs, and businesses where a service dog would alter the nature of the business can also turn away service dogs.

What does it mean to alter the nature of a business? The ADA has a section that goes over frequently asked questions about service animals and it gives this example, “At a zoo, service animals can be restricted from areas where the animals on display are the natural prey or natural predators of dogs, where the presence of a dog would be disruptive, causing the displayed animals to behave aggressively or become agitated.  They cannot be restricted from other areas of the zoo.”

The ADA also doesn’t grant automatic access for employees. If you want to bring your service dog to work with you then you will need to apply for a reasonable accommodation. If you have questions about how to do that, the Job Accommodation Network (JAN) is an excellent resource!

Does the ADA cover service dogs in training?

No, the ADA does not cover service dogs in training. However, some states have laws that grant service dogs in training public access rights. Michigan State University put together an excellent table of state laws regarding service animals.

What questions can a business legally ask me about my service dog?

Businesses can ask two questions if it’s not readily apparent that a dog is a service dog. First, they can ask if the dog is a service animal required because of a disability. Second, they can ask what work or tasks the dog has been trained to perform.

Businesses are not allowed to request any form of documentation. They cannot require that the dog perform a task in order to gain entry into the establishment. They also cannot ask about the nature of the person’s disability.

Do service dogs need to have any form of certification and do they have to be trained by a professional?

No, service dogs can be owner trained as long as the owner is disabled and the dog is trained to perform tasks or work that mitigates their disability.

There is no certification that is recognized by the ADA as proof that a dog is a service dog. Some programs give out certifications when dogs graduate, and there are many online scams that give out certifications, but neither incurs any additional legal protection.

Are emotional support animals or therapy dogs covered under the ADA?

No, the ADA only covers service animals. Emotional support animals used to be covered under the Air Carrier Access Act (ACAA) but that’s no longer the case. The only federal law that impacts emotional support animals is the Fair Housing Act (FHA). Psychiatric Service Dog Partners has an excellent flowchart that explains what exemptions exist within the FHA.

Does the ADA cover hotel rooms?

Yes, hotels must accommodate service dogs and they cannot charge a cleaning or pet fee of any kind. They also cannot restrict handlers to “pet friendly” rooms.

Does the ADA cover hospitals?

Yes, service dogs are allowed anywhere that the public is allowed, including in patients’ rooms. The only place service dogs may be restricted from would be sterile environments like an operating room.

While in the hospital you would need to have someone who could assist you in taking the dog out and caring for the dog while you are recovering. Medical personnel cannot be expected to do this for you.

Resources & References

• Introduction to the ADA published by ADA.gov
• Definition of a Disability published by the ADA National Network
• Frequently Asked Questions about Service Animals and the ADA published by ADA.gov
• 2010 ADA Service Animal Revised Requirements published by ADA.gov
• ADA Employment Questions and Answers published by ADA.gov
• The FHA and Assistance Animals published by the U.S. Department of Department of Housing and Urban Development
• Table of State Service Animal Laws published by Michigan State University
• Housing Exemption Flowchart published by Psychiatric Service Dog Partners
• “How Many Service Dog Tasks are Required?” published by Psychiatric Service Dog Partners

---

Featured image by Possessed Photography on Unsplash

When considering getting a service dog, the first thing you need to consider is if you qualify for one. To get a service dog you need to be disabled and the dog needs to be trained in tasks and/or work that helps to mitigate your disability.

If your disability is invisible or not a disability commonly associated with service dogs, it’s helpful to reference the Americans with Disabilities Act and their definition of disability. “The ADA defines a person with a disability as a person who has a physical or mental impairment that substantially limits one or more major life activities. This includes people who have a record of such an impairment, even if they do not currently have a disability. It also includes individuals who do not have a disability but are regarded as having a disability.”

The next question you might have is what is a major life function? Per the ADA National Network , “Major life activities are those functions that are important to most people’s daily lives. Examples of major life activities are breathing, walking, talking, hearing, seeing, sleeping, caring for one’s self, performing manual tasks, and working. Major life activities also include major bodily functions such as immune system functions, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.”

If after reading the above information you still feel uncertain about if you would be considered disabled it might be worth talking with your doctor or mental health care professional. It’s important to remember that many disabled people struggle with imposter syndrome and feel like they aren’t disabled “enough”. I’ve found that many people would in fact meet the ADA criteria of being disabled even though they don’t identify as being disabled. 

Here are some questions that might also be helpful to ask yourself about your mental or physical health condition:

1. Does my health condition cause me to routinely change or alter plans? Examples:
   • I can’t visit the zoo because the heat and standing would be too much for my body and I’d have to spend the next day in bed.
   • If I go on this trip I’ll need to take vacation days when we get back to recover. 
   • We need to go to the store on week nights after 6 pm so it’s not too busy and overwhelming. 
2. Do I worry about making plans because I fear I might have to cancel at the last minute if I’m not feeling well enough to go?
3. Do I consider how much energy an activity will require and if I’ll have enough energy left to do other things? Examples:
   • If I work all day I won’t be able to do anything that evening.
   • If I go to the store I’ll have to wait to go to the laundromat because I’ll be too tired to do both.
   • I need to shower before bed because it wears me out too much to do in the morning.  
4. Have I considered my mental or physical health condition when looking at jobs because I’m worried it might be too much for me to handle mentally or physically? Examples:
   • I couldn’t do that job because it requires too much standing, sitting, or lifting. 
   • I can’t apply for that job because it doesn’t offer the insurance I’d need to cover visits to the specialist and help with the cost of my prescriptions. 
   • That job won’t work because it doesn’t offer a flexible schedule or sick days which I know all need. 
   • I couldn’t do that job because working in an office is overwhelming and being around that many people would cause me way too much stress.
5. Has my health condition affected my relationships? Examples:
   • I struggle to maintain friendships because I have to cancel plans a lot or I don’t have the energy to make plans in the first place.
   • I’ve given up on dating because people don’t understand that I have limitations even though I “look” young and healthy.
   • New relationships are hard because I have to explain my health condition or conditions and that just feels really overwhelming. 
6. Does my health condition make me feel isolated or alone?
7. Do I worry about my health condition progressing to a point where I’ll need help from other people or is my health such that I currently need help from other people? Examples:
   • My spouse takes care of the bills because I get overwhelmed and anxious trying to keep track of everything, I forget things and/or I have a hard time making phone calls.  
   • I wait for my spouse to run errands with me because I worry about having an episode, needing medical help, or that I might get tired and need to wait in the car while they finish.
   • My parents help me meal plan for the week because I’m often too worn out or in too much pain to figure out meals for myself. 
   • I live with a family member because I don’t feel comfortable living on my own. 
8. Do I use a mobility device or have I thought about using a mobility aid but worry what other people will think?
9. Am I on prescription medications to help manage my mental or physical health condition or conditions?
10. Do I worry about losing my independence? 

Assuming you do fit the criteria to be considered disabled you would then qualify for a service dog. Once you’ve determined you qualify for a service dog the next step is considering if a dog could be trained in a way that would help mitigate your disability. The last step is asking yourself if a service dog is a good fit for you and your lifestyle.

It’s important to remember that getting a service dog is not a quick fix. Waitlists for program dogs are typically 2-5 years long and dogs may coast anywhere from $10,000-$50,000. If you choose to owner train, it typically takes 2-3 years for a dog to be fully trained. You’ll also have the expense of obtaining a dog, the cost of training classes, as well as the hundreds of hours of time you’ll need to invest in training your dog. For reference, in the first 16 months I had Theo we spent over 400 hours training.

Service dogs should only be one part of a person’s treatment plan. Even a fully trained dog can’t be with you all the time. Most dogs need a day off here and there and dogs get sick sometimes. Even guide dog users typically know how to use a cane in case they are ever between dogs or their dog can’t work for some reason.

While I don’t think a service dog should necessarily be a last resort I do think there are often easier treatment options. If your anxiety is easily managed with therapy and medication a service dog may not provide much benefit. If you have bad reactions to prescriptions and you have extensive experience with dogs then a service dog might be a great option. It really depends on the person and their unique situation more than a blanket assessment that a particular disability always or never merits the use of a service dog.

---

Featured image by Ralph (Ravi) Kayden on Unsplash

There are four major federal laws that impact disabled Americans and service dogs. Those four laws are the Americans with Disabilities Act (ADA), The Rehabilitation Act (Rehab Act), the Air Carrier Access Act (ACAA), and the Fair Housing Act (FHA). Each law provides different protections and clarifications on the rights of businesses and disabled individuals. If you have a service dog, or you are considering getting one, it’s critical that you are familiar with these laws.

Prior to 2021 the Air Carrier Access Act (ACAA) allowed for both service dogs and emotional support animals (ESA) to fly with their owners. In 2021 the act was amended and there were a few key changes.

The biggest change was that ESAs were no longer categorized as anything other than pets. Previously service dogs had one classification and ESAs were classified with psychiatric service dogs. This was problematic for a number of reasons.

When the ACAA was initially written it was done so with bad information. The people who wrote it did not understand the difference between service dogs and ESAs (if you aren’t sure the difference click here for more information). They also didn’t understand that there was no reason to classify psychiatric service dogs separately from any other type of service dog. Under the amended act psychiatric service dogs are classified with all other types of service dogs.

The following chart outlines many of the new requirements that airlines are now allowed to implement.

Subject	Final Ruling
Definition of Service Animal:	A service animal is 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 Animal:	Carriers are not required to recognize emotional support animals as service animals and may treat them as pets.
Treatment of Psychiatric Service Animals:	Psychiatric service animals are treated the same as other service animals that are individually trained to do work or perform a task for the benefit of a qualified individual with a disability.
Species:	Carriers are permitted to limit service animals to dogs.
Health, Behavior and Training Form:	Carriers are permitted to require passengers to remit a completed hardcopy or electronic version of the Department’s “U.S. Department of Transportation Service Animal Air Transportation Form” as a condition of transportation.
Relief Attestation:	Carriers are permitted to require individuals traveling with a service animal on flights eight hours or longer to remit a completed hardcopy or electronic version of the Department’s “U.S. Department of Transportation Service Animal Relief Attestation” as a condition of transportation.
Number of Service Animals Per Passenger:	Carriers are permitted to limit the number of service animals traveling with a single passenger with a disability to two service animals.
Large Service Animals:	Carriers are permitted to require a service animal to fit on their handler’s lap or within its handler’s foot space on the aircraft.
Control of Service Animals:	Carriers are permitted to require a service animal to be harnessed, leashed, or otherwise tethered in areas of the airport that they own, lease, or control, and on the aircraft.
Service Animal Breed Type:	Carriers are prohibited from refusing to transport a service animal based solely on breed or generalized physical type, as distinct from an individualized assessment of the animal’s behavior and health.
Check-In Requirements:	Carriers are not permitted to require a passenger with a disability to physically check-in at the airport, rather than using the online check in process, on the basis that the individual is traveling with a service animal. Airlines may require a passenger with a disability seeking to travel with a service animal to provide the service animal form(s) at the passenger’s departure gate on the date of travel.
Advanced Notice Requirements:	Carriers may require individuals traveling with a service animal to provide a U.S. Department of Transportation Service Animal Air Transportation Form and, if applicable, a U.S. Department of Transportation Service Animal Relief Attestation up to 48 hours in advance of the date of travel if the passenger’s reservation was made prior to that time.

*Chart from the DOT’s final rule on the ACAA amendment

Resources & References

• ACAA Service Animal Final Rule FAQ
• ACAA Final Rule
• DOT Transportation Form
• DOT Relief Attestation Form

---

Featured image by Oskar Kadaksoo on Unsplash