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Service Dog Laws – Know your rights
Do you know what to do and say when you are traveling with your Service Dog?
Taking the step to adopt and train a service dog is tough work. The bond a handler and a service dog develops is one of the deepest and most meaningful relationships that exist.
A challenge many service dog handlers face is how to travel and enter public spaces with their service dog. Especially at places with a no-pet policy. Restaurants, hotels, and airports are typically better informed about service dog laws. However, places like the beach, movie theaters, and schools are less informed about service dog rights. It also brings up specific questions that may be hard to answer.
- Is my service dog required to wear a vest?
- What if my service dog is denied access?
The most important step is to understand service dog laws clearly. We have included a few tips on how to handle and work with hostile employees who are aggressive or ignorant about your service dog.
Service Dog Question #1- What should I say when an employee asks me about my service dog?
The first step is to assess if the person is aware of service dog rules and regulations.
- If they are aware of service dog rights, simply inform them that you are traveling with a certified service dog, and confirm the task your service dog provides. Thank them for asking politely and proceed with your day.
- If they are not aware, show them your service dog certification or license. Inform them that your dog is a trained service dog and has public access rights. Let them know that your dog will not interrupt business practices and will remain by your side, as permitted by federal law.
- If they remain hostile towards your service dog and deny you access, refer them to Service Dog Certifications for more information on service dog laws. Let them know that they are violating your rights and are openly discriminating against your disability by preventing you access. Ask them to speak to their manager and stay firm but calm and polite. By staying firm and helping them understand service dog rights, you are helping other service dog handlers avoid negative confrontations in the future.
Service Dog Question #2- Do I need a Service Dog vest?
- A convenient way to avoid this issue is to order a service dog vest for your service dog. This will help communicate visually that your dog is not a pet and is a trained service dog. This may help eliminate some verbal confrontations as there is a visual indicator that your dog is a service dog. This is particularly helpful for people suffering from PTSD, social anxiety, or any invisible disabilities.
- If you choose not to have your service dog wear a service dog vest, that is your legal right. Some people choose not to have their service dog wear a vest because it is uncomfortable for the dog and distracts them from performing their task. Others choose not to have their service dog wear a vest because they are not comfortable with broadcasting that they have a disability. Remember, not all disabilities are visible and no one should be judged for trying to improve their lives. If the person you are speaking to demands that your dog wears a service dog vest, inform them that you choose not to have your service dog wear a vest but that you have your service dog certification or identification to share with them.
- If they continue to insist that your service dog wear a vest, inform them that the ADA does not require your service dog wear a vest and even specifically prevents companies from requiring this. Ask the person to speak with their manager or refer to service dog rights on Service Dog Certifications.
Service Dog Question #3- People are provoking my Service Dog, can the property ask us to leave?
Your service dog needs to be in your control at all times and cannot bark or cause a disturbance in public. However, the ADA also specifically states that a service dog may respond by barking if provoked and is not deemed a disturbance if the barking was provoked. If this is happening to you, inform a store employee that your service dog is being harassed and request they assist you. Examples of provoking include:
- Aggressively staring at your dog
- Touching your service dog without permission
- Whistling and talking at your dog in a menacing way
Service Dog Question #4- Can a person ask me why I need a service dog if I am not blind or in a wheel chair?
No one is ever allowed to ask you specifically about your disability. They may only ask you two questions regarding your Service Dog.
- Is that a service dog (if you choose not to have your SD wear a vest)?
- What service(s) does your service dog provide? (They may not ask you to demonstrate your dog’s service)
Service Dog Question #5- Should I carry a service dog license?
You are not legally required to have a Service Dog Licensed, Registered, or Certified. Many handlers prefer to carry one to avoid harassment while out in public. Unfortunately, service dog rights are not common knowledge and people often assume your dog is NOT a service dog unless you carry a Service Dog identification card. You may choose to order one and register your service dog to avoid confrontations with ignorant store employees.
About the Author: The writing team at Service Dog Certifications is made up of folks who really know their stuff when it comes to disability laws and assistance animals. Many of our writers and editors have service dogs themselves and share insights from their own experiences. All of us have a passion for disability rights and animals.
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As a Business Owner, I invoked my 2 rights to ask the owner if his dog was a service dog and what was he trained to do. His response was ‘What the hell does he look like, he does whatever i tell him to do, now just get me what I asked for…” What the heck do I do now? Is he required to answer me? The law states I can ask theses two questions, but it doesn’t state anywhere that the dog owner has to answer…. Confused.
Honestly, I don’t blame your customer at all. Its truly non of your damn business. People do not like to broadcast their disability. You wouldn’t want that either. By asking this question, its essentially asking them, what the he’ll is wrong with you. You may be legally allowed to ask them. But he also has the legal right not to answer. If I were you, I’d tread here lightly. For your business and avoiding any complaints and or lawsuits, ask yourself this. Does it really matter?
Yes, it matters. It matters because A the dog’s job to perform may be problematic in the business environment or it may need accommodation from the business in order to fully perform and B I think it’s vitally important to uphold the integrity of the ADA’s service animal program by calling out the people that are falsely using its name to carry Fido into stores with them. Untrained dogs in public spaces have accidents, selfishness shouldn’t increase that statistic.
actually, service dog owners are required to answer those two questions if asked, and if they refuse, they can be asked to leave an establishment. however, those are the ONLY questions they are required to answer.
You can ask what services does the dog perform for you.if they don’t answer..you do not have to permit them to enter…and even asking that let’s say if you’re a 20-year-old working at CVS for me my dog is service-related, So just given out my Military and medical information for me to a minimum wage teen I think is Redick, but,youre still allowed to asks what does the dogs services provide you with, a simple PTSD-reminds me to take meds is fine. I’ve gotten 500$ and 500$ from Walmart and CVS..you have to be chill when you ask because Harassment of/Interference with Service Dogs:
No person shall intentionally interfere with the use of a service dog by obstructing, intimidating, or otherwise jeopardizing the safety of the user or animal. Whoever violates this subsection shall be guilty of a class B misdemeanor, so depended on how you ask and that person interprets it, could wind you up in a lot of fines and fee’s..and only a person with real service dog would have this information, or the direct line to the DOJ that’s 24 7 and an office full of lawyers for people with service dogs. So you can just hand them the card and the DOJ will tell you what’s within you’re rights, which I think big chain stores should have and also briefly explain it to employees during training. In rich areas people take there dogs were ever they want, and for 20 bucks go online and buy a red of blue service dog collar..the law is so broad,a doctor can write you a prescription for you’re dog to be an emotional service dog, and in apartment complexes, you can have 5, and not pay animal fee,which in NYS is alot…a bird, cat, frog..I’ve seen it all…you’re best bet is to use you’re judgment wisely,..if you seem to overly aggressive and the person is metal ill…you could wind up in deep sht…the laws are to loose..
I have to move out of my current property and have been looking for a new place to live and a lot of the landlord have been turning me down due to the fact I have a service dog. what can I do to go about this issue? Who can I contact about the people that have been turning me away? I do not think this is very fair due to the fact I have a mental illness and need my dog to help and he is licensed. Can I go after these landlords for discrimination against my dog
If a landlord is violating your Fair Housing rights as a service dog owner, you can consider filing a complaint with HUD. You may find this article on if a landlord can deny a service dog interesting https://www.servicedogcertifications.org/landlords-service-dog/ Hope you and your service dog can find a welcoming place to stay soon.
I have a service dog that is an alert dog. Am I required to pay for his dog license without documentation that he is a service dog.
I read this and just am mind blowed
My daughter has a service dog, she got arrested and they put her dog Inn the pound. I have been trying to explain to them not to adopt her dog out, because it is taking a long-time because of the Covid19 virus and no one is working at the court level Kim. NM. What can wedo?
I was walking around my neighborhood with my kids and baby of 4 months when a service dog broke its leash from its owner and bit my son. The owner showed us and the police documents that it was a service dog when I made the report. Per the owner it’s not the first time the dog attacks someone. What can I do because now my son is afraid to go around our dog?
You just need to show proof that the dog attacked your son, and if it has attacked others, get proof of that too. Either show your landlord, apt complex, or show the home owners association of where you live. I have a service dog, and this is NOT how they should act. They should be under the owners command and control at ALL times.
if the apartment complex allowes 2 dog only per apartment can a couples be allowed to have 4 serves dogs do to both having disabliyies?
Yes