Every day, thousands of people with disabilities in the US rely on service dogs for immeasurable therapeutic relief. Service dogs allow them to regain their independence, carry out day-to-day activities, and achieve goals that would otherwise be impossible without their support.
A service dog’s indispensable role is acknowledged — and protected — under several federal and state laws. These laws ensure a service dog can always effectively support their handler and perform their trained tasks, no matter the situation or where they are. They, and their handler, are also protected from discrimination.
Unfortunately, there has been a surge in recent years of people passing their pets off as service dogs in order to exploit these laws. Whether you’re a business owner or a concerned neighbor, you may be wondering what questions you can ask about a service dog to find out if they’re legitimate.
To help ensure you’re informed, we’ll discuss everything you need to know about service dogs below, including what questions you can legally ask.
What Questions Can You Ask About a Service Dog?
A common misconception is that you can ask a person any questions about their service dog to verify their legitimacy and trained tasks. However, this is actually a breach of their rights and constitutes discrimination.
The Americans with Disabilities Act (ADA), which is the main federal law that prohibits discrimination against people with disabilities, has very strict regulations regarding what you can ask about a service dog. This is to ensure that people with disabilities have their privacy respected, and aren’t subjected to unpleasant, interrogation-like conversations when they navigate public spaces with their service dog.
Under the ADA, you are only legally allowed to ask two specific questions about a service dog:
- Is the animal required because of a disability?
- What work or task has this animal been trained to perform?
Any other question would be considered discrimination and could come with serious legal repercussions. You are also not allowed to ask the individual to provide you with “proof” like medical documentation, nor ask them to have their service dog demonstrate their trained tasks.
A service dog’s role may not be obvious at first glance, particularly if they assist an individual with an emotional or mental health disability. It’s best to err on the side of caution and not approach the individual with suspicion.
There are other non-confrontational (and legal) ways that you can use to gauge a service dog’s legitimacy. We’ll touch on these shortly below, but first, it’s important to have a clear understanding of what a service dog is.
Understanding Service Dogs: Official Definition & Legal Rights
A service dog is a working dog who has been specifically trained to aid an individual with a disability. They achieve this by performing life-saving work or tasks that give their handler relief from symptoms and more means to live independently.
Officially, the ADA defines service dogs as “dogs that are individually trained to do work or perform tasks for people with disabilities.” They must perform at least one task or work to qualify, and this needs to be specifically “related to the person’s disability.”
The ADA has also enforced policies to help make a service dog an accessible treatment
option for everyone in need. For example, the service dog does not need to be certified or registered with a database. They can also be self-trained, as there is no legal requirement for them to undergo training with a professional organization or certified trainer.
Some laws in the US have looser, more broad definitions of service animals, which can extend their protections or even grant additional rights.
California and Alaska, for instance, have laws that protect service dogs in training, and most states also have laws that criminalize the intentional disruption or harm of service animals. Make sure to familiarize yourself with your state’s specific laws in your own time.
Service Dog Tasks
A service dog’s trained tasks can vary depending on their handler’s disability and needs. Service dogs are also often categorized based on the type of support they provide. You may have heard that guide dogs support those with sight loss, for instance, while psychiatric service dogs assist people with emotional or mental health disabilities.
Some common service dog tasks include:
- Tactile stimulation
- Medical alerts
- Deep pressure therapy
- Mobility assistance
- Guiding around obstacles
- Finding help
- Balance assistance
- Crowd control
- Opening doors
- Item retrieval
Service Dog Legal Rights
Federal laws that protect service dogs include the ADA, the Fair Housing Act (FHA), and the Air Carrier Access Act (ACAA). We’ll provide a brief description of these laws to ensure you’re aware of a service dog’s key rights.
Americans With Disabilities Act
The ADA grants service dogs public access rights to ensure they can always accompany their handlers. Public spaces, like restaurants, cafes, shops, libraries, and hotels, must reasonably accommodate them. Service dogs are also permitted in the workplace and on public transportation.
The ADA has also enforced measures to help prevent discrimination against those with service animals. This includes limitations on what questions a person with a service dog can be asked, as we touched on above.
When Can a Service Dog Be Denied Their Public Access Rights?
While rare, a service dog can be denied their public access rights under certain circumstances. Per the ADA’s guidance, an individual has the right to ask the handler to remove their service dog from the premises if:
- The dog is dangerously out of control, disruptive, or aggressive
- The dog isn’t housetrained
- Accommodating them causes a significant financial burden or undue hardship
A service dog may also be denied entry if the premises cannot safely (or feasibly) accommodate them, even if reasonable adjustments are made.
Fair Housing Act
Under the FHA, service dogs are not viewed as pets, and they are thus granted the right to live with their owners in most property types.
A landlord cannot discriminate against an individual with a service animal, and must reasonably accommodate them, even if they have a no-pets policy in place. They also cannot subject the service animal to breed, size, or weight limits, nor charge additional pet-related fees like pet rent or pet security deposits.
When Can a Service Dog Be Denied Their Housing Rights?
A service dog can be denied housing if they are disruptive or behave in ways that endanger the well-being of other tenants living at the property. They can also be denied housing if their accommodation would pose a significant undue hardship on the landlord.
Some property types are also exempt from the FHA, including:
- Owner-occupied buildings with four or fewer units
- Single-family properties sold or rented without a broker (and if the person does not own more than three single-family properties)
- Private properties run by clubs or religious organizations; preferences can be given to members
Air Carrier Access Act
The Air Carrier Access Act was introduced in 1986 to prevent passengers with disabilities from facing discrimination and to make air travel more accessible. Under the ACAA, airlines must allow passengers to fly with their service animals at no additional cost. Service dogs are also exempt from pet-related policies (e.g., breed bans).
When Can a Service Dog Be Denied Their Airline Travel Rights?
As is the case with other federal laws, service dogs can be denied airline travel if they cause a disruption, aren’t housebroken, or pose a threat to the health or safety of other passengers.
However, there are some additional regulations to be aware of. Airlines are within their right to request certain documentation of the person travelling with a service animal.
This includes a U.S. Department of Transport (DOT) form that attests to the dog’s health, behavior, and training, as well as a form that states if the dog is able to relieve themselves in a sanitary way on a long-haul flight (longer than eight hours).
Service dogs must also still closely adhere to pet-related health travel requirements, and can be denied travel if they are in violation of them.
How Can I Verify a Service Dog’s Legitimacy?
Any breed, size, or age of dog can become recognized as a service dog. They are also exempt from breed-specific legislation (BSL) and are not required to wear forms of verification, like a service dog vest or identification tag. This means it is impossible to verify a service dog’s legitimacy based on their appearance alone.
However, you can often gauge a service dog’s legitimacy through their behavior. Since a service dog can be denied their rights if they behave in a dangerous, disruptive, or unsanitary manner, a legitimate service dog will virtually always have impeccable obedience skills. They will also not be easily distracted by their environment and will have an undivided focus on their handler.
A service dog must also be tethered or harnessed unless it interferes with their trained tasks. If they aren’t tethered, a legitimate service dog will not wander freely. They will stay close to their owner’s side at all times.
While there is no official database for service dogs, some do choose to register their service dog with a third party for additional security and peace of mind. If you know the person’s contact information and/or their animal’s details, it’s worth checking if they have registered with a reputable organization’s database (like US Service Animals).
If you suspect the service dog is a pet, it’s best not to confront the person directly. Instead, you should speak to a staff member (or relevant authority) and let them know of your concerns. They will then be able to keep a close eye on the animal and remove them from the premises if they do cause a disruption.
Get Your Questions Answered About Service Dogs Today
A service dog provides life-changing support for those in need, and their protections under federal law reflect their indispensable role.
While there has been an increase in people passing off regular dogs as service dogs, these instances are still exceptionally rare. You are more likely to encounter a genuine service dog than an illegitimate one in public — even if their trained tasks aren’t noticeable at first glance.
If you have concerns about a service dog’s legitimacy, remember that you can only ask their handler two questions per the ADA. Do not pry further nor ask for proof of the handler’s disability or the service dog’s trained tasks. Instead, alert staff to your concerns and keep watch for disruptive or dangerous behavior.
If you have any remaining questions about service dogs, don’t hesitate to reach out to the team of legal experts at US Service Animals. They will be able to help and guide you further.